Legislature(2005 - 2006)CAPITOL 17

02/08/2006 03:15 PM House LABOR & COMMERCE


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03:30:10 PM Start
03:30:27 PM Confirmation Hearing(s)
03:32:23 PM Alcoholic Beverage Control Board
03:42:08 PM Alaska State Board of Public Accountancy
03:42:18 PM Alcoholic Beverage Control Board
03:43:14 PM State Board of Registration for Architects, Engineers, and Land Surveyors
03:43:33 PM Board of Chiropractic Examiners
03:43:39 PM Alaska Labor Relations Agency
03:43:52 PM Board of Marital and Family Therapy
03:44:07 PM Board of Certified Direct-entry Midwives
03:44:16 PM Board of Nursing
03:44:25 PM Board of Examiners in Optometry
03:44:33 PM State Physical Therapy and Occupational Therapy Board
03:44:40 PM Board of Certified Real Estate Appraisers
03:44:51 PM Real Estate Commission
03:44:57 PM Workers' Compensation Appeals Commission
03:49:34 PM Alaska Workers' Compensation Board
03:49:38 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearings TELECONFERENCED
Alaska State Board - Public Accountancy;
Alcoholic Beverage Control Board; State
Board of Registration of Architects,
Engineers, and Land Surveyors; Board of
Chiropractic Examiners; Alaska Labor
Relations Agency; Board of Marital and
Family Therapy; Board of Certified
Direct-Entry Midwives; Board of Nursing;
Board of Examiners in Optometry; State
Physical Therapy and Occupational Therapy
Board; Board of Certified Real Estate
Appraisers; Real Estate Commission;
Workers' Compensation Appeals Commission;
Alaska Workers' Compensation Board
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                        February 8, 2006                                                                                        
                           3:30 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Tom Anderson, Chair                                                                                              
Representative Pete Kott                                                                                                        
Representative Gabrielle LeDoux                                                                                                 
Representative Bob Lynn                                                                                                         
Representative Norman Rokeberg                                                                                                  
Representative Harry Crawford                                                                                                   
Representative David Guttenberg                                                                                                 
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S)                                                                                                         
                                                                                                                                
ALCOHOLIC BEVERAGE CONTROL BOARD                                                                                              
                                                                                                                                
     Shirley A. Gifford - Soldotna                                                                                              
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
ALASKA STATE BOARD OF PUBLIC ACCOUNTANCY                                                                                      
                                                                                                                                
     Johnny Floyd - Anchorage                                                                                                   
     Daniel J. Rozema - Anchorage                                                                                               
     Elaine R. Williamson - Fairbanks                                                                                           
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
STATE BOARD OF REGISTRATION FOR ARCHITECTS, ENGINEERS, AND LAND                                                               
SURVEYORS                                                                                                                     
                                                                                                                                
     Terry Gorlick - Anchorage                                                                                                  
     Burdett B. Lent - Wasilla                                                                                                  
     Daniel Walsh - Fairbanks                                                                                                   
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
BOARD OF CHIROPRACTIC EXAMINERS                                                                                               
                                                                                                                                
     Dr. Gregory M. Culbert - Eagle River                                                                                       
     Dr. Rosemary E. Zimmerman - Girdwood                                                                                       
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
ALASKA LABOR RELATIONS AGENCY                                                                                                 
                                                                                                                                
     Matthew R. McSorley - Anchorage                                                                                            
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
BOARD OF MARITAL AND FAMILY THERAPY                                                                                           
                                                                                                                                
     Vivian C. Finlay - Wasilla                                                                                                 
     Curtis C. Schlosser - Homer                                                                                                
     Dorothy (Dottie) Vanmeter Stanton - Anchorage                                                                              
     Patricia A. White - Juneau                                                                                                 
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
BOARD OF CERTIFIED DIRECT-ENTRY MIDWIVES                                                                                      
                                                                                                                                
     Barbara Norton - Anchorage                                                                                                 
     Holly M. Steiner - Wasilla                                                                                                 
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
BOARD OF NURSING                                                                                                              
                                                                                                                                
     JoAnne Bell-Graves - Juneau                                                                                                
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
BOARD OF EXAMINERS IN OPTOMETRY                                                                                               
                                                                                                                                
     Dr. Dennis A. Swarner - Kenai                                                                                              
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
STATE PHYSICAL THERAPY AND OCCUPATIONAL THERAPY BOARD                                                                         
                                                                                                                                
     Julius S. Brecht - Anchorage                                                                                               
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
BOARD OF CERTIFIED REAL ESTATE APPRAISERS                                                                                     
                                                                                                                                
     Steve MacSwain - Anchorage                                                                                                 
     Richard (Butch) D. Olmstead - Ketchikan                                                                                    
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
REAL ESTATE COMMISSION                                                                                                        
                                                                                                                                
     Timothy J. Worthen - Anchorage                                                                                             
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
WORKERS' COMPENSATION APPEALS COMMISSION                                                                                      
                                                                                                                                
     John Giuchici - Fairbanks                                                                                                  
     Kristin S. Knudsen - Anchorage                                                                                             
     Jim E. Robison - Eagle River                                                                                               
     Marc D. Stemp - Bethel                                                                                                     
     Philip E. Ulmer - Eagle River                                                                                              
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
ALASKA WORKERS' COMPENSATION BOARD                                                                                            
                                                                                                                                
     Raymond (Scott) S. Bridges - Eagle River                                                                                   
     Stephen T. Hagedorn - Anchorage                                                                                            
     Linda F. Hutchings - Soldotna                                                                                              
     David (Dave) B. Robinson - Wasilla                                                                                         
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
COMMISSIONER - DEPARTMENT OF COMMERCE, COMMUNITY & ECONOMIC                                                                   
DEVELOPMENT                                                                                                                   
                                                                                                                                
     William Noll - Juneau                                                                                                      
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SHIRLEY GIFFORD, Appointee                                                                                                      
to the Alcoholic Beverage Control Board ("ABC Board")                                                                           
Soldotna, Alaska                                                                                                                
POSITION  STATEMENT:   Spoke  as an  appointee  to the  Alcoholic                                                               
Beverage Control Board.                                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR TOM ANDERSON  called the House Labor  and Commerce Standing                                                             
Committee  meeting  to  order at  3:30:10  PM.    Representatives                                                             
Anderson,  Kott, Lynn,  Rokeberg, Crawford,  and Guttenberg  were                                                               
present at the  call to order.  Representative  LeDoux arrived as                                                               
the meeting was in progress.                                                                                                    
                                                                                                                                
3:30:27 PM                                                                                                                    
                                                                                                                                
CHAIR ANDERSON  announced that the  only order of  business would                                                               
be   the  confirmation   hearing  of   the  various   boards  and                                                               
commissions.                                                                                                                    
                                                                                                                                
3:30:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GUTTENBERG,  in regard  to the Alaska  State Board                                                               
of Public  Accountancy, pointed out  that although  the committee                                                               
did  not  receive a  resume  for  Elaine  R. Williamson,  he  had                                                               
received it.                                                                                                                    
                                                                                                                                
3:31:31 PM                                                                                                                    
                                                                                                                                
CHAIR  ANDERSON  informed  the committee  that  the  confirmation                                                               
hearing  for  Mr.  William   Noll,  Commissioner,  Department  of                                                               
Commerce, Community,  & Economic Development would  be held until                                                               
the following Wednesday.                                                                                                        
                                                                                                                                
^CONFIRMATION HEARING(S)                                                                                                      
                                                                                                                                
3:31:55 PM                                                                                                                    
                                                                                                                                
^Alcoholic Beverage Control Board                                                                                             
                                                                                                                                
3:32:23 PM                                                                                                                    
                                                                                                                                
SHIRLEY  GIFFORD, Appointee  to  the  Alcoholic Beverage  Control                                                               
Board (ABC  Board), informed the  committee that she  retired two                                                               
years ago  following a  28-year career in  law enforcement.   She                                                               
related  that  she served  20  years  with the  Anchorage  Police                                                               
Department  (APD)  and  retired  [from  it]  as  captain  of  the                                                               
Detective Division.   She noted  that she also served  as interim                                                               
chief in Nome, Alaska.  Following  her work with the APD, she was                                                               
the Chief of  Police in Soldotna for  six years.  She  went on to                                                               
say  that  her husband  is  a  fishing  guide  in the  summer  in                                                               
addition  to   owning  and   operating  Gifford   Consulting  and                                                               
Training.   Ms.  Gifford related  that during  her time  with the                                                               
APD, she  served as captain  of the Technical  Services Division.                                                               
During  this   time,  she   met  with   bar  owners   and  liquor                                                               
establishments  to ensure  compliance with  state statute  and to                                                               
ensure that the  community stayed safe.  She  conveyed her belief                                                               
in her ability  to be fair and  objective as a member  of the ABC                                                               
Board.                                                                                                                          
                                                                                                                                
3:34:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GUTTENBERG   expressed  appreciation   for   Ms.                                                               
Gifford's service  on the ABC  Board and  asked if there  are any                                                               
policies that she feels need adjustment.                                                                                        
                                                                                                                                
MS. GIFFORD replied that during  a meeting she recently attended,                                                               
the  ABC  Board considered  the  definition  of "restaurant"  and                                                               
attempted to  ascertain whether this  definition is  clear enough                                                               
in regard to restaurant licensee's serving alcohol.                                                                             
                                                                                                                                
3:35:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERG  thanked Ms. Gifford for  her willingness                                                               
to  serve on  the ABC  Board  and remarked  that she  has a  long                                                               
record of  public service.   He asked how  long she lived  in the                                                               
Sand Lake area.                                                                                                                 
                                                                                                                                
MS.  GIFFORD said  that she  owned a  house in  Sand Lake  for 19                                                               
years.                                                                                                                          
                                                                                                                                
3:36:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   ROKEBERG  asked   for   Ms.  Gifford's   opinion                                                               
regarding ABC Board investigators carrying firearms.                                                                            
                                                                                                                                
MS. GIFFORD  said that although she  does not have an  opinion at                                                               
this point,  she would suggest  reviewing the  training policies.                                                               
She commented  that a lot of  issues need to be  considered prior                                                               
to this happening.                                                                                                              
                                                                                                                                
REPRESENTATIVE  ROKEBERG,  noted  Ms. Gifford's  law  enforcement                                                               
background and asked for her opinion  in regard to whether or not                                                               
there should be a statutory  requirement for "bouncers" in larger                                                               
[licensed] establishments.                                                                                                      
                                                                                                                                
MS.  GIFFORD  recalled  that  most  bar  owners  were  eager  and                                                               
responsible and  did so with  her suggestion, but  commented that                                                               
if  the relationship  between bar  owners and  the those  charged                                                               
with  public  safety  was  no   longer  working,  it  may  become                                                               
necessary to establish a statutory requirement to that effect.                                                                  
                                                                                                                                
REPRESENTATIVE ROKEBERG asked if she  had any experience with the                                                               
"tipsy taxi" legislation, which  allows taxi drivers and [liquor]                                                               
establishments  to partner  so  that  inebriated individuals  and                                                               
their cars  can be driven home  by a taxi driver,  who would have                                                               
limited liability.                                                                                                              
                                                                                                                                
CHAIR ANDERSON explained that  the aforementioned legislation was                                                               
put   forth  by   the  Cabaret   Hotel  Restaurant   &  Retailers                                                               
Association (CHARR).                                                                                                            
                                                                                                                                
REPRESENTATIVE  ROKEBERG expressed  concern that  the program  is                                                               
under pressure because the Department  of Transportation & Public                                                               
Facilities cut its funding.                                                                                                     
                                                                                                                                
CHAIR ANDERSON agreed with that assessment.                                                                                     
                                                                                                                                
MS.  GIFFORD   commented  that  the  aforementioned   is  a  good                                                               
preventative measure.                                                                                                           
                                                                                                                                
3:41:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROKEBERG opined  that the  regulatory boards  can                                                               
have an impact on fiscal policies if they "get behind it."                                                                      
                                                                                                                                
CHAIR ANDERSON agreed, and then  turned the committee's attention                                                               
to the remaining boards and commissions before it.                                                                              
                                                                                                                                
^Alaska State Board of Public Accountancy                                                                                     
                                                                                                                                
CHAIR  ANDERSON made  a motion  to advance  the confirmations  of                                                               
Johnny  Floyd,  Daniel  J.  Rozema,  and  Elaine  R.  Williamson,                                                               
appointees to  the Alaska State  Board of Public  Accountancy, to                                                               
the joint session  for consideration.  There  being no objection,                                                               
the confirmations were advanced.                                                                                                
                                                                                                                                
3:42:08 PM                                                                                                                    
                                                                                                                                
^Alcoholic Beverage Control Board                                                                                             
                                                                                                                                
CHAIR  ANDERSON made  a  motion to  advance  the confirmation  of                                                               
Shirley  Gifford, appointee  to  the  Alcoholic Beverage  Control                                                               
Board, to  the joint session  for consideration.  There  being no                                                               
objection, the confirmation advanced.                                                                                           
                                                                                                                                
3:42:18 PM                                                                                                                    
                                                                                                                                
^State Board of Registration for  Architects, Engineers, and Land                                                             
Surveyors                                                                                                                     
                                                                                                                                
CHAIR  ANDERSON made  a motion  to advance  the confirmations  of                                                               
Terry Gorlick, Burdett  B. Lent, and Daniel  E. Walsh, appointees                                                               
to  the State  Board of  Registration for  Architects, Engineers,                                                               
and  Land  Surveyors, to  the  joint  session for  consideration.                                                               
There being no objection, the confirmations were advanced.                                                                      
                                                                                                                                
3:43:14 PM                                                                                                                    
                                                                                                                                
^Board of Chiropractic Examiners                                                                                              
                                                                                                                                
CHAIR ANDERSON made a motion  to advance the confirmations of Dr.                                                               
Gregory M. Culbert  and Dr. Rosemary E.  Zimmerman, appointees to                                                               
the Board of  Chiropractic Examiners, to the  joint floor session                                                               
for consideration.   There being no  objection, the confirmations                                                               
were advanced.                                                                                                                  
                                                                                                                                
3:43:33 PM                                                                                                                    
                                                                                                                                
^Alaska Labor Relations Agency                                                                                                
                                                                                                                                
CHAIR  ANDERSON made  a  motion to  advance  the confirmation  of                                                               
Matthew  R. McSorley,  appointee  to the  Alaska Labor  Relations                                                               
Agency, to the  joint session for consideration.   There being no                                                               
objection, the confirmation was advanced.                                                                                       
                                                                                                                                
3:43:39 PM                                                                                                                    
                                                                                                                                
^Board of Marital and Family Therapy                                                                                          
                                                                                                                                
CHAIR  ANDERSON made  a motion  to advance  the confirmations  of                                                               
Vivian C. Finlay, Curtis C.  Schlosser, Dorothy (Dottie) Vanmeter                                                               
Stanton,  and  Patricia  A.  White appointees  to  the  Board  of                                                               
Marital   and  Family   Therapy,   to  the   joint  session   for                                                               
consideration.  There being no  objection, the confirmations were                                                               
advanced.                                                                                                                       
                                                                                                                                
3:43:52 PM                                                                                                                    
                                                                                                                                
^Board of Certified Direct-Entry Midwives                                                                                     
                                                                                                                                
CHAIR  ANDERSON made  a motion  to advance  the confirmations  of                                                               
Barbara Norton and  Holly M. Steiner, appointees to  the Board of                                                               
Certified  Direct-Entry  Midwives,  to   the  joint  session  for                                                               
consideration.  There being no  objection, the confirmations were                                                               
advanced.                                                                                                                       
                                                                                                                                
3:44:07 PM                                                                                                                    
                                                                                                                                
^Board of Nursing                                                                                                             
                                                                                                                                
CHAIR  ANDERSON made  a  motion to  advance  the confirmation  of                                                               
JoAnne Bell-Graves,  appointee to  the Board  of Nursing,  to the                                                               
joint session for  consideration.  There being  no objection, the                                                               
confirmation was advanced.                                                                                                      
                                                                                                                                
3:44:16 PM                                                                                                                    
                                                                                                                                
^Board of Examiners in Optometry                                                                                              
                                                                                                                                
CHAIR ANDERSON made  a motion to advance the  confirmation of Dr.                                                               
Dennis  A.  Swarner,  appointee  to the  Board  of  Examiners  in                                                               
Optometry, to the  joint session for consideration.   There being                                                               
no objection, the confirmation was advanced.                                                                                    
                                                                                                                                
3:44:25 PM                                                                                                                    
                                                                                                                                
^State Physical Therapy and Occupational Therapy Board                                                                        
                                                                                                                                
CHAIR  ANDERSON made  a  motion to  advance  the confirmation  of                                                               
Julius S.  Brecht, appointee  to the  State Physical  Therapy and                                                               
Occupational  Therapy  Board.    There being  no  objection,  the                                                               
confirmation was advanced.                                                                                                      
                                                                                                                                
3:44:33 PM                                                                                                                    
                                                                                                                                
^Board of Certified Real Estate Appraisers                                                                                    
                                                                                                                                
CHAIR  ANDERSON made  a motion  to advance  the confirmations  of                                                               
Steve  MacSwain and  Richard (Butch)  D. Olmstead,  appointees to                                                               
the  Board of  Certified  Real Estate  Appraisers,  to the  joint                                                               
session  for  consideration.    There  being  no  objection,  the                                                               
confirmations were advanced.                                                                                                    
                                                                                                                                
3:44:40 PM                                                                                                                    
                                                                                                                                
^Real Estate Commission                                                                                                       
                                                                                                                                
CHAIR  ANDERSON made  a  motion to  advance  the confirmation  of                                                               
Timothy J. Worthen,  appointee to the Real  Estate Commission, to                                                               
the joint session  for consideration.  There  being no objection,                                                               
the confirmation was advanced.                                                                                                  
                                                                                                                                
3:44:51 PM                                                                                                                    
                                                                                                                                
^Workers' Compensation Appeals Commission                                                                                     
                                                                                                                                
CHAIR  ANDERSON made  a motion  to advance  the confirmations  of                                                               
John  Giuchici,  Kristin S.  Knudsen,  Jim  E. Robison,  Marc  D.                                                               
Stemp,  and   Philip  E.  Ulmer,   appointees  to   the  Workers'                                                               
Compensation  Appeals  Commission,  to   the  joint  session  for                                                               
consideration.                                                                                                                  
                                                                                                                                
3:44:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOTT indicated  that  he  would have  appreciated                                                               
hearing  testimony  from this  group,  particularly  in light  of                                                               
upcoming  changes to  workers  compensation.   He  added that  he                                                               
would have  been particularly interested  in hearing  whether the                                                               
appointees feel  that exempting real estate  agents from workers'                                                               
compensation is a good idea.                                                                                                    
                                                                                                                                
3:46:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GUTTENBERG  expressed   concern  with  appointing                                                               
members  to a  board that  is  currently transitioning  to a  new                                                               
system, and commented  that there are no clear  guidelines on how                                                               
the board will work under the new system.                                                                                       
                                                                                                                                
3:48:10 PM                                                                                                                    
                                                                                                                                
CHAIR ANDERSON  noted that the  members would still have  time to                                                               
review the  appointees' background  information before  the joint                                                               
session.                                                                                                                        
                                                                                                                                
[There being  no objection, the aforementioned  appointees to the                                                               
Workers'   Compensation  Appeals   Commission  were   treated  as                                                               
advanced.]                                                                                                                      
                                                                                                                                
^Alaska Workers' Compensation Board                                                                                           
                                                                                                                                
CHAIR  ANDERSON made  a motion  to advance  the confirmations  of                                                               
Raymond  (Scott)  S.  Bridges,  Stephen  T.  Hagedorn,  Linda  F.                                                               
Hutchings, and David (Dave) B.  Robison, appointees to the Alaska                                                               
Workers' Compensation Board, to the joint session for                                                                           
consideration.  There being no objection, the confirmations were                                                                
advanced.                                                                                                                       
                                                                                                                                
3:49:34 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Labor and Commerce Standing Committee meeting was adjourned at                                                                  
3:49:38 PM.                                                                                                                   
                                                                                                                                

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