Legislature(2007 - 2008)CAPITOL 17

04/07/2008 03:00 PM House LABOR & COMMERCE


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03:07:26 PM Start
03:07:37 PM Confirmation Hearings|| Alaska State Board of Public Accountancy|| Alcoholic Beverage Control Board|| State Board of Registration for Architects, Engineers, and Land Surveyors || Board of Barbers and Hairdressers|| Board of Chiropractic Examiners|| Board of Marine Pilots|| Board of Marital and Family Therapy|| Occupational Safety and Health Review Board|| State Physical Therapy and Occupational Therapy Board|| Board of Professional Counselors|| Board of Psychologist and Psychological Associate Examiners|| Real Estate Commission|| Regulatory Commission of Alaska (rca)|| Board of Veterinary Examiners|| Workers' Compensation Appeals Commission|| Alaska Workers' Compensation Board
03:08:04 PM SB305
03:19:32 PM SB263
03:36:00 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 263 ARCHITECTS, ENGRS, SURVEYORS BD/EXEMPTION TELECONFERENCED
Moved Out of Committee
+ SB 305 RECORKING WINE SERVED WITH A MEAL TELECONFERENCED
Moved Out of Committee
Bills Previously Heard/Scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                         April 7, 2008                                                                                          
                           3:07 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Kurt Olson, Chair                                                                                                
Representative Mark Neuman, Vice Chair                                                                                          
Representative Carl Gatto                                                                                                       
Representative Gabrielle LeDoux                                                                                                 
Representative Jay Ramras                                                                                                       
Representative Robert L. "Bob" Buch                                                                                             
Representative Berta Gardner                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
CONFIRMATION HEARING(S)                                                                                                         
                                                                                                                              
Alaska State Board of Public Accountancy                                                                                      
                                                                                                                                
     Max E. Mertz - Juneau                                                                                                      
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
Alcoholic Beverage Control Board                                                                                              
                                                                                                                                
     Joseph DelDonno - Anchorage                                                                                                
     Robert Klein - Anchorage                                                                                                   
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
State Board of Registration for Architects, Engineers, and Land                                                               
Surveyors                                                                                                                     
                                                                                                                                
     Clifford E. Baker - Kenai                                                                                                  
     Daniel E. Walsh - Fairbanks                                                                                                
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Barbers and Hairdressers                                                                                             
                                                                                                                                
     Lorenda Britten - Fairbanks                                                                                                
     Kelley Sherman - Wasilla                                                                                                   
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Chiropractic Examiners                                                                                               
                                                                                                                                
     James Heston - Homer                                                                                                       
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
Board of Marine Pilots                                                                                                        
                                                                                                                                
     Robert J. Arts - Anchorage                                                                                                 
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
Board of Marital and Family Therapy                                                                                           
                                                                                                                                
     The Very Rev. John Downing - Eagle River                                                                                   
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
Occupational Safety and Health Review Board                                                                                   
                                                                                                                                
     James Montgomery, Jr. - Kenai                                                                                              
     Timothy O. Sharp - Fairbanks                                                                                               
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
State Physical Therapy and Occupational Therapy Board                                                                         
                                                                                                                                
     Joyce Barnett - Anchorage                                                                                                  
     Dr. Julius S. Brecht - Anchorage                                                                                           
     Gary W. Burleson - Anchorage                                                                                               
     Kathleen Lind - Anchorage                                                                                                  
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Professional Counselors                                                                                              
                                                                                                                                
     James R. "Randy" Morton - Nome                                                                                             
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
Board of Psychologist and Psychological Associate Examiners                                                                   
                                                                                                                                
     Camille O. "Cam" Carlson - Fairbanks                                                                                       
     Dr. John R. DeRuyter - Fairbanks                                                                                           
     Lisa C. Turner - Kenai                                                                                                     
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Real Estate Commission                                                                                                        
                                                                                                                                
     Christina E. Swires - Anchorage                                                                                            
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
Regulatory Commission of Alaska (RCA)                                                                                         
                                                                                                                                
     Robert M. "Bob" Pickett - Wasilla                                                                                          
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
Board of Veterinary Examiners                                                                                                 
                                                                                                                                
     Dr. Timothy L. Bowser - Soldotna                                                                                           
     Martin Buser - Big Lake                                                                                                    
     Dr. Cynthia A. Trout - Anchorage                                                                                           
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Workers' Compensation Appeals Commission                                                                                      
                                                                                                                                
     David Richards - Eagle River                                                                                               
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
Alaska Workers' Compensation Board                                                                                            
                                                                                                                                
     Don L. Gray - Anchorage                                                                                                    
     Howard A. Hansen - Wasilla                                                                                                 
     David Kester - Anchorage                                                                                                   
     Debra G. Norum - Fairbanks                                                                                                 
     Michael J. Notar - Juneau                                                                                                  
     Jeffrey P. Pruss - Fairbanks                                                                                               
     David B. Robinson - Wasilla                                                                                                
     Marc D. Stemp - Bethel                                                                                                     
     Damian J. Thomas - Fairbanks                                                                                               
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
SENATE BILL NO. 305                                                                                                             
"An  Act relating  to  recorking, sealing,  or  packaging of  wine                                                              
served with  a meal and removal  of recorked, sealed,  or packaged                                                              
wine from licensed premises."                                                                                                   
                                                                                                                                
     - MOVED SB 305 OUT OF COMMITTEE                                                                                            
                                                                                                                                
CS FOR SENATE BILL NO. 263(L&C)                                                                                                 
"An  Act  relating   to  the  State  Board  of   Registration  for                                                              
Architects,  Engineers, and  Land  Surveyors; and  relating to  an                                                              
exemption  for persons  authorized  by  the Department  of  Public                                                              
Safety  who  are engaged  in  the  design  of fire  detection  and                                                              
suppression  systems from registration  as architects,  engineers,                                                              
land surveyors, or landscape architects."                                                                                       
                                                                                                                                
     - MOVED CSSB 263 (L&C) OUT OF COMMITTEE                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                              
CONFIRMATION HEARING                                                                                                          
                                                                                                                                
Regulatory Commission of Alaska (RCA)                                                                                         
                                                                                                                                
     Robert M. "Bob" Pickett - Wasilla                                                                                          
                                                                                                                                
01/31/08       (H)       L&C                                                                                                    
04/04/08       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
04/04/08       (H)       Heard & Held                                                                                           
                                                                                                                                
BILL: SB 263                                                                                                                  
SHORT TITLE: ARCHITECTS, ENGRS, SURVEYORS BD/EXEMPTION                                                                          
SPONSOR(s): SENATOR(s) THOMAS                                                                                                   
                                                                                                                                
02/08/08       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/08/08       (S)       L&C                                                                                                    
03/18/08       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/18/08       (S)       Heard & Held                                                                                           
03/18/08       (S)       MINUTE(L&C)                                                                                            
03/20/08       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/20/08       (S)       Moved CSSB 263(L&C) Out of Committee                                                                   
03/20/08       (S)       MINUTE(L&C)                                                                                            
03/21/08       (S)       L&C RPT CS  4DP   NEW TITLE                                                                            
03/21/08       (S)       DP: ELLIS, BUNDE, DAVIS, STEVENS                                                                       
03/26/08       (S)       TRANSMITTED TO (H)                                                                                     
03/26/08       (S)       VERSION: CSSB 263(L&C)                                                                                 
03/27/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/27/08       (H)       L&C                                                                                                    
04/07/08       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
                                                                                                                                
BILL: SB 305                                                                                                                  
SHORT TITLE: RECORKING WINE SERVED WITH A MEAL                                                                                  
SPONSOR(s): LABOR & COMMERCE                                                                                                    
                                                                                                                                
03/21/08       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/21/08       (S)       L&C                                                                                                    
03/25/08       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/25/08       (S)       Scheduled But Not Heard                                                                                
03/27/08       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/27/08       (S)       Moved SB 305 Out of Committee                                                                          
03/27/08       (S)       MINUTE(L&C)                                                                                            
03/28/08       (S)       L&C RPT  1DP 2NR                                                                                       
03/28/08       (S)       DP: ELLIS                                                                                              
03/28/08       (S)       NR: BUNDE, DAVIS                                                                                       
03/31/08       (S)       TRANSMITTED TO (H)                                                                                     
03/31/08       (S)       VERSION: SB 305                                                                                        
04/01/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/01/08       (H)       L&C                                                                                                    
04/07/08       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DANA OWEN, Staff                                                                                                                
to Senator Johnny Ellis                                                                                                         
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented SB 305 on behalf of the sponsor,                                                               
the Senate Labor & Commerce Committee.                                                                                          
                                                                                                                                
SENATOR JOE THOMAS                                                                                                              
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented SB 263 as the sponsor of the                                                                   
bill.                                                                                                                           
                                                                                                                                
KELLY NICOLELLO, Assistant Fire Marshal                                                                                         
Division of Fire and Life Safety                                                                                                
Central Office                                                                                                                  
Department of Public Safety (DPS)                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions on SB 263.                                                                            
                                                                                                                                
CRAIG FREDEEN, P.E., Mechanical Engineer                                                                                        
Vice-Chair                                                                                                                      
Board of Registration for Architects, Engineers, and Land                                                                       
Surveyors (AELS)                                                                                                                
Department   of  Commerce,  Community,   &  Economic   Development                                                              
(DCCED)                                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified on SB 263.                                                                                     
                                                                                                                                
JOHN WALSH, Lobbyist                                                                                                            
Alaska Professional Design Council (APDC)                                                                                       
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of SB 263.                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  KURT OLSON  called the  House Labor  and Commerce  Standing                                                            
Committee  meeting  to  order  at  3:07:26  PM.    Representatives                                                            
Gatto, Buch,  Gardner, Olson  were present at  the call  to order.                                                              
Representatives  LeDoux,   Ramras,  and  Neuman  arrived   as  the                                                              
meeting was in progress.                                                                                                        
                                                                                                                                
^CONFIRMATION HEARINGS                                                                                                        
^Alaska State Board of Public Accountancy                                                                                     
^Alcoholic Beverage Control Board                                                                                             
^State Board of Registration for Architects, Engineers, and Land                                                              
Surveyors                                                                                                                     
^Board of Barbers and Hairdressers                                                                                            
^Board of Chiropractic Examiners                                                                                              
^Board of Marine Pilots                                                                                                       
^Board of Marital and Family Therapy                                                                                          
^Occupational Safety and Health Review Board                                                                                  
^State Physical Therapy and Occupational Therapy Board                                                                        
^Board of Professional Counselors                                                                                             
^Board of Psychologist and Psychological Associate Examiners                                                                  
^Real Estate Commission                                                                                                       
^Regulatory Commission of Alaska (RCA)                                                                                        
^Board of Veterinary Examiners                                                                                                
^Workers' Compensation Appeals Commission                                                                                     
^Alaska Workers' Compensation Board                                                                                           
                                                                                                                                
3:07:37 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  announced that the  first order of business  would be                                                              
to take  up the confirmation  hearings of  the various  boards and                                                              
commissions.                                                                                                                    
                                                                                                                                
3:07:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  moved to  advance  the confirmations,  as                                                              
listed  in  the  committee  calendar, to  the  joint  session  for                                                              
consideration.   She  noted that  each member's  signature on  the                                                              
committee report  does not  reflect the  member's vote  during the                                                              
joint   floor   session.     There   being   no   objection,   the                                                              
confirmations were advanced.                                                                                                    
                                                                                                                                
SB 305-RECORKING WINE SERVED WITH A MEAL                                                                                      
                                                                                                                                
3:08:04 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON announced that the next order of business would be                                                                  
SENATE BILL  NO. 305, "An Act  relating to recorking,  sealing, or                                                              
packaging  of wine  served with  a meal and  removal of  recorked,                                                              
sealed, or packaged wine from licensed premises."                                                                               
                                                                                                                                
3:08:18 PM                                                                                                                    
                                                                                                                                
DANA  OWEN,   Staff  to   Senator  Johnny   Ellis,  Alaska   State                                                              
Legislature,  stated on  behalf of  the bill  sponsor, the  Senate                                                              
Labor  & Commerce  Committee,  that  SB 305  is  identical to  the                                                              
identical  to [HB  51] that  passed the  House of  Representatives                                                              
last year.   He characterized  SB 305 as  a bill that  addresses a                                                              
safety issue.   He opined that  Alaska's laws have a  bias towards                                                              
overconsumption  of alcohol.   Under SB  305, customers  can order                                                              
wine and  not feel compelled  to drink  the entire bottle  of wine                                                              
at  the restaurant  since the  bottle  can be  recorked and  taken                                                              
home.                                                                                                                           
                                                                                                                                
3:09:25 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON,  after  first  determining  no one  else  wished  to                                                              
testify, closed public testimony on SB 305.                                                                                     
                                                                                                                                
3:09:39 PM                                                                                                                    
                                                                                                                                
MR. OWEN,  in response to  Representative Buch, answered  that the                                                              
language in SB 305 is identical to last year's bill.                                                                            
                                                                                                                                
REPRESENTATIVE  GATTO inquired as  to whether similar  legislation                                                              
has been introduced in any state and failed to pass.                                                                            
                                                                                                                                
MR. OWEN said  he not sure.   He noted that 34 states  have passed                                                              
similar recorking  laws.   In further  response to  Representative                                                              
Gatto,  Mr. Owen  answered  that  while it  may  be reasonable  to                                                              
require that a partially  empty wine bottle be placed  in a tamper                                                              
proof bag,  SB 305  would require  the Alcoholic Beverage  Control                                                              
Board ("ABC Board")to  set by regulation a method  to seal bottles                                                              
that are  not corked.  Thus,  bottles that were  originally sealed                                                              
with a cork  are resealed in such  a way that a  mechanical device                                                              
is  necessary to  reopen  the  bottle.   He  offered  that if  the                                                              
bottle is  a screw  cap type  bottle, the  bottle would  be sealed                                                              
under regulations developed by the ABC Board.                                                                                   
                                                                                                                                
3:11:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  characterized   SB  305  as  a  means  to                                                              
encourage  sales  since  the  bill   would  encourage  patrons  to                                                              
purchase  a  higher  quality  of   wine  or  perhaps  purchase  an                                                              
additional bottle  of wine.  While  she said she has  no objection                                                              
to SB 305, she  stated that the primary objective  is to sell more                                                              
wine, with a side  benefit that people will not  feel compelled to                                                              
drink the entire bottle of wine.                                                                                                
                                                                                                                                
3:12:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO  agreed  with Representative  Gardner.    He                                                              
pointed  out that  otherwise the  proprietor might  only sell  one                                                              
glass of  wine, but since the  person can purchase the  bottle and                                                              
take any  remaining wine  home that the  proprietor can  sell more                                                              
wine  to  customers.    He inquired  as  to  whether  the  sealing                                                              
process would  entail a screw  on cap that  is tamper proof  or if                                                              
the wine would be resealed with a cork.                                                                                         
                                                                                                                                
MR. OWEN  offered his understanding  that a bottle  not originally                                                              
sealed with  a cork, would be sealed  with a seal approved  by the                                                              
ABC Board.   He  surmised that  it might  be sealed  with a  paper                                                              
seal.    However,  he  noted that  the  ABC  board  would  develop                                                              
regulations for  recorking and resealing  wine.  He added  that if                                                              
the wine bottle is  sealed by a cork, it must  be recorked in such                                                              
a fashion that the cork cannot be removed by hand.                                                                              
                                                                                                                                
3:13:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  inquired as to  whether a screw  top bottle                                                              
could be corked as a means of resealing it.                                                                                     
                                                                                                                                
MR. OWEN  said he  was not  sure.   He surmised  that it would  be                                                              
resealed in another fashion.                                                                                                    
                                                                                                                                
3:14:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  inquired if  someone purchases a  bottle of                                                              
wine  and does  not  consume  it  whether another  customer  could                                                              
purchase the remainder of the bottle.                                                                                           
                                                                                                                                
MR.  OWEN answered  that  he  did not  know  for certain  if  that                                                              
arrangement could be made.                                                                                                      
                                                                                                                                
3:15:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   LEDOUX  revisited   her   earlier  question   and                                                              
inquired as  to whether wine that  originally had a screw  top can                                                              
physically be corked  or if another method must be  used for those                                                              
types of bottles.                                                                                                               
                                                                                                                                
MR. OWEN answered  that he wasn't sure if it could  be corked.  He                                                              
surmised  that assuming  that the  cork would  work that it  would                                                              
meet the intent  of the bill, which  is to allow wine  to be taken                                                              
off premises to be consumed at home.                                                                                            
                                                                                                                                
CHAIR  OLSON explained  that screw  top and  regular wine  bottles                                                              
that have  the same  size neck can  easily be  corked with  a tool                                                              
designed for that purpose.                                                                                                      
                                                                                                                                
3:17:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN moved  to report  SB 305  out of  committee                                                              
with  individual  recommendations   and  the  accompanying  fiscal                                                              
notes.   There  being no  objection, SB  305 was  reported out  of                                                              
committee.                                                                                                                      
                                                                                                                                
The committee took an at-ease from 3:17 p.m. to 3:19 p.m.                                                                       
                                                                                                                                
SB 263-ARCHITECTS, ENGRS, SURVEYORS BD/EXEMPTION                                                                              
                                                                                                                                
3:19:32 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  announced that the  final order of business  would be                                                              
CS FOR  SENATE BILL NO.  263(L&C), "An  Act relating to  the State                                                              
Board  of  Registration   for  Architects,  Engineers,   and  Land                                                              
Surveyors;  and relating  to an exemption  for persons  authorized                                                              
by the Department  of Public Safety who are engaged  in the design                                                              
of fire  detection and  suppression systems  from registration  as                                                              
architects, engineers, land surveyors, or landscape architects."                                                                
                                                                                                                                
SENATOR  JOE THOMAS,  Alaska  State Legislature,  sponsor,  stated                                                              
that  the Board  of Registration  for  Architects, Engineers,  and                                                              
Land Surveyors  (AELS) consists  of ten professional  members [and                                                              
one  public member.]   One  seat  is designated  to be  held by  a                                                              
mining  engineer.     However,  since  22  mining   engineers  are                                                              
licensed in Alaska  and only 14 reside in the state,  SB 263 would                                                              
allow the  governor to appoint a  petroleum or mining  engineer to                                                              
fill  the  seat  currently designated  for  the  mining  engineer.                                                              
Senator  Thomas referred  to page  4, and  explained this  section                                                              
would add  underlying language  to exempt  persons from  licensure                                                              
that  are authorized  by  the Department  of  Public Safety,  Fire                                                              
Marshal's  office  to  design  fire  suppression  systems.    This                                                              
exemption  would  apply  to  persons  certified  by  the  National                                                              
Institute for  Certification in Engineering  Technologies (NICET),                                                              
who are required  to pass a national certification  exam, and have                                                              
5  years  related  work experience.    The  State  Fire  Marshal's                                                              
office has  long maintained  the permit  system for those  engaged                                                              
in the  design of fire  detection and  suppression systems.   This                                                              
bill  is  supported  by the  Alaska  Professional  Design  Council                                                              
(APDC), the  AELS Board,  and the  DPS Division  of Fire  and Life                                                              
Safety, he noted.                                                                                                               
                                                                                                                                
3:22:17 PM                                                                                                                    
                                                                                                                                
SENATOR THOMAS,  in response  to Representative Neuman,  explained                                                              
that  one AELS  seat  is designated  for a  mining  engineer.   He                                                              
reiterated   that  22   mining   engineers  of   the  5,000   AELS                                                              
registrants are licensed  by the state.  Of those,  only 14 mining                                                              
engineers reside in  Alaska.  He noted that most  mining engineers                                                              
reside  in  remote  areas  where mining  occurs,  which  makes  it                                                              
difficult for  them to serve on  the AELS Board.  He  offered that                                                              
expanding the option  to allow petroleum or chemical  engineers to                                                              
serve  helps  to  ensure  that the  AELS  board  position  can  be                                                              
filled.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  NEUMAN  related  his understanding  that  the  DPS                                                              
Fire  Marshal  authorizes  people  to design  fire  detection  and                                                              
suppression  systems.     He  asked  whether  the   permit  holder                                                              
currently has to be licensed by the AELS board.                                                                                 
                                                                                                                                
SENATOR  THOMAS  explained  that  the person  designing  the  fire                                                              
detection   and  suppression   systems   has  to   submit  to   an                                                              
examination  and  must  also possess  five  years  of  experience.                                                              
Under  the  bill,   the  applicant  would  submit   to  the  NICET                                                              
examinations for  the specific area in  which they will  work.  In                                                              
further  response   to  Representative   Neuman,  Senator   Thomas                                                              
explained  that  the  DPS Fire  Marshal  oversees  the  permitting                                                              
process for those that hold NICET certifications.                                                                               
                                                                                                                                
3:24:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  referred  to the  committee  packet  item                                                              
labeled,  "Department  of  Public Safety  Regulations"  and  noted                                                              
that  a company  designing fire  suppression  systems must  employ                                                              
sufficient   personnel    who   hold   valid   permits    in   the                                                              
classifications.    She inquired  as  to  whether that  meant  the                                                              
employee  who  holds  the  permit  must  also  be  employed  by  a                                                              
licensed engineer.                                                                                                              
                                                                                                                                
KELLY  NICOLELLO, Assistant  Fire  Marshal, Division  of Fire  and                                                              
Life Safety,  Central Office, Department  of Public  Safety (DPS),                                                              
stated that the  permit is attached to the individual  and not the                                                              
firm.   Thus, a company  would need to  employ a permit  holder in                                                              
order  to do  the  design  of a  particular  system.   In  further                                                              
response to  Representative Gardner,  Mr. Nicolello  answered that                                                              
while  a  NICET   certified  permit  holder  could   work  for  an                                                              
engineering firm, they  are not required to do so.   In fact, some                                                              
permit  holders  may  own  and operate  their  own  companies,  he                                                              
noted.                                                                                                                          
                                                                                                                                
3:26:42 PM                                                                                                                    
                                                                                                                                
CRAIG  FREDEEN, P.E.,  Mechanical Engineer;  Vice-Chair, Board  of                                                              
Registration  for   Architects,  Engineers,  and   Land  Surveyors                                                              
(AELS),   Department   of   Commerce,    Community,   &   Economic                                                              
Development  (DCCED),  stated  that  Senator  Thomas  provided  an                                                              
excellent overview  on SB 263.   He stated that the AELS  Board is                                                              
very comfortable  with SB 263, and  has worked hard over  the last                                                              
year  and a  half  on the  issues  of fire  contractors  providing                                                              
services  in Alaska.   He  pointed out  that with  respect to  the                                                              
mining engineer position,  that the AELS board  has previously had                                                              
a vacancy  and not been  able to fill  the position with  a mining                                                              
engineer.   He  opined that  SB 263  would allow  the governor  to                                                              
have  more flexibility  to  fill  the AELS  Board  position.   Mr.                                                              
Fredeen noted  that the  AELS board  sought statutory  changes for                                                              
the  fire permit  holders  since the  AELS  statutes require  that                                                              
those  who perform  design work  must  be professional  engineers.                                                              
The DPS  Fire Marshal authorizes  the fire protection  contractors                                                              
to  perform design  work  by  permit, and  has  done  so for  many                                                              
years.    He  further stated  that  this  statutory  change  helps                                                              
ensure that  future AELS  board members  will have clear  guidance                                                              
that the fire  protection contractors can perform  the design work                                                              
so long as they are permitted by the DPS Fire Marshal's office.                                                                 
                                                                                                                                
3:28:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO  referred to the  title, which read:  "An Act                                                              
relating  to  the  State Board  of  Registration  for  Architects,                                                              
Engineers, and  Land Surveyors; and  relating to an  exemption for                                                              
persons authorized..."    He also related  his understanding  that                                                              
the bill allows  14 exemptions from the licensure  for architects,                                                              
engineers, and land surveyors and asked for clarification.                                                                      
                                                                                                                                
MR. FREDEEN  answered that the  AELS statutes require  that anyone                                                              
who designs a road  or building needs to be a  licensed architect,                                                              
engineer, or  land surveyor.   However,  the exemptions  allow for                                                              
specific  circumstances  when a  licensed  design professional  is                                                              
not  required,   such  as  when   a  person  installs   their  own                                                              
electrical system.   In  that instance, the  person does  not need                                                              
to   have  an   electrical  engineer   to   stamp  the   drawings.                                                              
Historically, the  exemption for  fire protection design  has been                                                              
allowed  under the  current exemption  for specialty  contractors.                                                              
However, that  exemption is broad  and some abuse has  arisen such                                                              
as  when  a  plumber who  holds  a  specialty  contractor  license                                                              
decides that  he/she does not need  to be licensed as  an engineer                                                              
in  order to  perform  any design  work  necessary  on a  project.                                                              
Since  the specialty  contractor's  exemption is  broad, the  AELS                                                              
board would  specifically  like to identify  that fire  protection                                                              
contractors are  exempted from licensure.   Therefore,  the people                                                              
who perform  the design work,  who are  highly qualified to  do so                                                              
under  the  NICET  certification  and DPS  Fire  Marshal's  office                                                              
permit, would be exempted from licensure by SB 263.                                                                             
                                                                                                                                
3:30:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO  related his understanding that  a commercial                                                              
building  must still  be  designed by  a  registered architect  or                                                              
engineer.    The  fire contractors  would  be  subcontractors,  he                                                              
offered.     He  asked  for   clarification  whether   the  people                                                              
designing fire suppression systems will need to be registered.                                                                  
                                                                                                                                
MR.  FREDEEN  reiterated  that   the  people  designing  the  fire                                                              
suppression  systems  do  not have  to  be  licensed  professional                                                              
engineers, but they  must hold the NICET certification  and permit                                                              
that authorize them to perform design work.                                                                                     
                                                                                                                                
3:32:12 PM                                                                                                                    
                                                                                                                                
JOHN WALSH, Lobbyist,  Alaska Professional Design  Council (APDC),                                                              
testified in support  of SB 263 on behalf of the  APDC.  He agreed                                                              
with prior  testimony that  SB 263  would exempt specialty  design                                                              
contractors,  as  approved  by  the DPS  Fire  Marshal,  from  the                                                              
engineering  licensure requirement.    He further  explained  that                                                              
under  the  bill,  people  performing   the  work  under  the  DPS                                                              
regulatory jurisdiction  are specifically  exempted from  the AELS                                                              
statutory requirement  for licensure.  He referred  to proposed AS                                                              
08.48.011(c) which  relates to the mining engineer  board position                                                              
and  allows  the  governor  to appoint  a  chemical  or  petroleum                                                              
engineer  if a qualified  mining  engineer is  not available.   He                                                              
offered  that   the  APDC,  which   is  a  consortium   of  design                                                              
professional  societies representing  over 5,000  licensees  is in                                                              
support of SB 263.                                                                                                              
                                                                                                                                
3:34:01 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON,  after  first  determining  no one  else  wished  to                                                              
testify, closed public testimony on SB 263.                                                                                     
                                                                                                                                
3:34:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN related his  understanding that  the mining                                                              
engineering position  was vacant and  not able to be  filled since                                                              
so few  mining engineers live  in Alaska.   He offered  his belief                                                              
that the  governor should have the  latitude to select  from other                                                              
qualified  engineers  to  fill   the  AELS  board  position.    He                                                              
expressed  concern   that  a   14-story  building  might   sustain                                                              
structural  damage caused  by fire,  but he pointed  out that  the                                                              
AELS Board  and the DPS  Fire Marshal support  SB 263, so  he felt                                                              
that appropriate oversight  is in place.  He said  he thought that                                                              
SB  263  simplifies  the  process   and  allows  fire  contractors                                                              
already permitted by DPS to continue to perform their work.                                                                     
                                                                                                                                
3:35:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  moved  to  report  CSSB  263(L&C)  out  of                                                              
committee  with individual  recommendations  and the  accompanying                                                              
fiscal  notes.    There being  no  objection,  CSSB  263(L&C)  was                                                              
reported out of the House Labor and Commerce Standing Committee.                                                                
                                                                                                                                
3:36:00 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being  no further business  before the committee,  the House                                                              
Labor and  Commerce Standing  Committee meeting  was adjourned  at                                                              
3:36 p.m.                                                                                                                       
                                                                                                                                

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