Legislature(2011 - 2012)BARNES 124

03/30/2012 03:15 PM House LABOR & COMMERCE


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03:24:06 PM Start
03:24:19 PM Confirmation Hearings
03:36:37 PM HB269
03:38:15 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearings: TELECONFERENCED
Alaska State Board of Public Accountancy;
Alcoholic Beverage Control Board; State Board of
Registration for Architects, Engineers & Land
Surveyors; State Assessment Review Board; Board
of Barbers & Hairdressers; Board of Chiropractic
Examiners; Alaska Labor Relations Agency; Board
of Marine Pilots; Board of Marital & Family
Therapy; Board of Certified Direct-Entry
Midwives; Board of Nursing; Occupational Safety &
Health Review Board; Board of Examiners in
Optometry; Board of Pharmacy; State Physical
Therapy & Occupational Therapy Board; Board of
Professional Counselors; Board of Psychologist &
Psychological Associate Examiners; Board of
Certified Real Estate Appraisers; Real Estate
Commission; Board of Social Work Examiners;
Board of Veterinary Examiners; Workers'
Compensation Appeals Commission; Alaska Workers'
Compensation Board
+= HB 266 PRACTICE OF NATUROPATHY TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 269 COMMON INTEREST COMMUNITIES TELECONFERENCED
Moved Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                         March 30, 2012                                                                                         
                           3:24 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Kurt Olson, Chair                                                                                                
Representative Craig Johnson, Vice Chair                                                                                        
Representative Dan Saddler                                                                                                      
Representative Steve Thompson                                                                                                   
Representative Lindsey Holmes                                                                                                   
Representative Bob Miller                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Mike Chenault                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARINGS                                                                                                           
                                                                                                                                
Alaska State Board of Public Accountancy                                                                                      
                                                                                                                                
     Karen Brewer-Tarver - Juneau                                                                                               
     Appointed: 3/1/2012      Term Expires: 3/1/2016                                                                            
                                                                                                                                
     Wayne Don - Eagle River                                                                                                    
     Appointed: 3/1/2012      Term Expires: 3/1/2016                                                                            
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Alcoholic Beverage Control Board                                                                                              
                                                                                                                                
     Ethan Billings - Juneau                                                                                                    
     Appointed: 3/1/2009                                                                                                        
     Reappointed: 3/1/2012          Term Expires: 3/1/2015                                                                      
                                                                                                                                
     Ellen Ganley - Fairbanks                                                                                                   
     Appointed: 3/1/2009                                                                                                        
     Reappointed: 3/1/2012          Term Expires: 3/1/2015                                                                      
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
State Board of Registration for Architects, Engineers, and Land                                                               
Surveyors                                                                                                                     
                                                                                                                                
     David Hale - Anchorage                                                                                                     
     Appointed: 3/1/2012      Term Expires: 3/1/2016                                                                            
                                                                                                                                
     Colin Maynard - Anchorage                                                                                                  
     Appointed: 3/1/2012      Term Expires: 3/1/2016                                                                            
                                                                                                                                
     Richard Rearick - Eagle River                                                                                              
     Appointed: 2/3/2009                                                                                                        
     Reappointed: 3/1/2012          Term Expires: 3/1/2016                                                                      
                                                                                                                                
     Kathleen Schedler - Fairbanks                                                                                              
     Appointed: 3/1/2012      Term Expires: 3/1/2016                                                                            
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
State Assessment Review Board                                                                                                 
                                                                                                                                
     James Mosley - Eagle River                                                                                                 
     Appointed: 5/6/2011      Term Expires: No defined term                                                                     
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Barbers and Hairdressers                                                                                             
                                                                                                                                
     Darae Crews - Anchorage                                                                                                    
     Appointed: 3/1/2012      Term Expires: 3/1/2016                                                                            
                                                                                                                                
     Brittany Hutchison - Fairbanks                                                                                             
     Appointed: 6/13/2011           Term Expires: 3/1/2013                                                                      
                                                                                                                                
     Kevin McKinley - Fairbanks                                                                                                 
     Appointed: 3/1/2012      Term Expires: 3/1/2016                                                                            
                                                                                                                                
     Deanna Pruhs - Anchorage                                                                                                   
     Appointed: 3/1/2012      Term Expires: 3/1/2016                                                                            
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Chiropractic Examiners                                                                                               
                                                                                                                                
     Dr. James Heston - Homer                                                                                                   
     Appointed: 1/29/2008                                                                                                       
     Reappointed: 3/1/2012          Term Expires: 3/1/2016                                                                      
                                                                                                                                
     Renee Robinson - Anchorage                                                                                                 
     Appointed: 3/1/2012      Term Expires: 3/1/2016                                                                            
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Alaska Labor Relations Agency                                                                                                 
                                                                                                                                
     Tyler Andrews - Anchorage                                                                                                  
     Appointed: 6/9/2008      Reappointed: 3/1/2009                                                                             
     Reappointed: 3/1/2012    Term Expires: 3/1/2015                                                                            
                                                                                                                                
     Matthew McSorley - Anchorage                                                                                               
     Appointed: 12/15/2005                                                                                                      
     Reappointed: 3/1/2006          Reappointed: 3/1/2009                                                                       
     Reappointed: 3/1/2012          Term Expires: 3/1/2015                                                                      
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Marine Pilots                                                                                                        
                                                                                                                                
     Robert Richmond - Anchorage                                                                                                
     Appointed: 1/1/2011                                                                                                        
     Reappointed: 3/1/2012          Term Expires: 3/1/2016                                                                      
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Marital and Family Therapy                                                                                           
                                                                                                                                
     The Very Rev. John Downing - Eagle River                                                                                   
     Appointed: 1/28/2008                                                                                                       
     Reappointed: 3/1/2012          Term Expires: 3/1/2016                                                                      
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Certified Direct-Entry Midwives                                                                                      
                                                                                                                                
     Cheryl Corrick - Fairbanks                                                                                                 
     Appointed: 1/28/2008                                                                                                       
     Reappointed: 3/1/2012          Term Expires: 3/1/2016                                                                      
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Nursing                                                                                                              
                                                                                                                                
     Rochelle Lehrer - Fairbanks                                                                                                
     Appointed: 3/1/2012      Term Expires: 3/1/2016                                                                            
                                                                                                                                
     Denise Valentine - Anchorage                                                                                               
     Appointed: 1/28/2008                                                                                                       
     Reappointed: 3/1/2012          Term Expires: 3/1/2016                                                                      
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Occupational Safety and Health Review Board                                                                                   
                                                                                                                                
     James Montgomery, Jr. - Kenai                                                                                              
     Appointed: 1/29/2008                                                                                                       
     Reappointed: 3/1/2012          Term Expires: 3/1/2016                                                                      
                                                                                                                                
     Timothy Sharp - Fairbanks                                                                                                  
     Appointed: 10/12/1995          Reappointed: 6/23/1999                                                                      
     Reappointed: 1/23/2006         Reappointed: 1/29/2008                                                                      
     Reappointed: 3/1/2012          Term Expires: 3/1/2016                                                                      
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Examiners in Optometry                                                                                               
                                                                                                                                
     Dr. Forrest Messerschmidt - Juneau                                                                                         
     Appointed: 3/1/2012      Term Expires: 3/1/2016                                                                            
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Pharmacy                                                                                                             
                                                                                                                                
     John Cotter - Fairbanks                                                                                                    
     Appointed: 9/1/2011      Term Expires: 3/1/2013                                                                            
                                                                                                                                
     Lori DeVito - Soldotna                                                                                                     
     Appointed: 3/1/2011                                                                                                        
     Reappointed: 3/1/2012          Term Expires: 3/1/2016                                                                      
                                                                                                                                
     Christopher Kim - Anchorage                                                                                                
     Appointed: 3/1/2009                                                                                                        
     Reappointed: 3/1/2012          Term Expires: 3/1/2016                                                                      
                                                                                                                                
     Theodore Mala, Jr. - Anchorage                                                                                             
     Appointed: 5/11/2011           Term Expires: 3/1/2015                                                                      
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
State Physical Therapy and Occupational Therapy Board                                                                         
                                                                                                                                
     David Carey - Anchorage                                                                                                    
     Appointed: 3/1/2012      Term Expires: 3/1/2016                                                                            
                                                                                                                                
     Kathleen Lind - Anchorage                                                                                                  
     Appointed: 1/29/2008                                                                                                       
     Reappointed: 3/1/2012          Term Expires: 3/1/2016                                                                      
                                                                                                                                
     James Parietti - Chugiak                                                                                                   
     Appointed: 3/1/2012      Term Expires: 3/1/2016                                                                            
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Professional Counselors                                                                                              
                                                                                                                                
     Lillian Mitchell - Anchorage                                                                                               
     Appointed: 8/8/2008                                                                                                        
     Reappointed: 3/1/2012          Term Expires: 3/1/2016                                                                      
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Psychologist and Psychological Associate Examiners                                                                   
                                                                                                                                
     Al Levy - Anchorage                                                                                                        
     Appointed: 3/1/2012      Term Expires: 3/1/2016                                                                            
                                                                                                                                
     Christian Muntean - Anchorage                                                                                              
     Appointed: 3/1/2012      Term Expires: 3/1/2016                                                                            
                                                                                                                                
     Joel Wieman - Anchorage                                                                                                    
     Appointed: 2/1/2012      Term Expires: 3/1/2016                                                                            
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Certified Real Estate Appraisers                                                                                     
                                                                                                                                
     Lance Cook - Fairbanks                                                                                                     
     Appointed: 3/1/2012      Term Expires: 3/1/2016                                                                            
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Real Estate Commission                                                                                                        
                                                                                                                                
     Anita Bates - Anchorage                                                                                                    
     Appointed: 5/17/2011           Term Expires: 3/1/2015                                                                      
                                                                                                                                
     Stacy Risner - Fairbanks                                                                                                   
     Appointed: 10/27/2011          Term Expires: 3/1/2013                                                                      
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Social Work Examiners                                                                                                
                                                                                                                                
     Marilyn Kerr - Anchorage                                                                                                   
     Appointed: 6/13/2011                                                                                                       
     Reappointed: 3/1/2012          Term Expires: 3/1/2016                                                                      
                                                                                                                                
Board of Veterinary Examiners                                                                                                 
                                                                                                                                
     Dr. Nelson Priddy II - Anchorage                                                                                           
     Appointed: 3/1/2012      Term Expires: 3/1/2016                                                                            
                                                                                                                                
     Dr. Tamara Rose - Fairbanks                                                                                                
     Appointed: 10/27/2011          Term Expires: 3/1/2015                                                                      
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Workers' Compensation Appeals Commission                                                                                      
                                                                                                                                
     Stephen Hagedorn - Anchorage                                                                                               
     Appointed: 3/1/2007                                                                                                        
     Reappointed: 3/1/2012          Term Expires: 3/1/2017                                                                      
                                                                                                                                
     James Rhodes - Ketchikan                                                                                                   
     Appointed: 3/1/2012      Term Expires: 3/1/2017                                                                            
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Alaska Workers' Compensation Board                                                                                            
                                                                                                                                
   Charles Collins, Jr. - Juneau                                                                                                
   Appointed: 6/1/2010                                                                                                          
   Reappointed: 3/1/2012      Term Expires: 3/1/2015                                                                            
                                                                                                                                
   Linda Hutchings - Soldotna                                                                                                   
   Appointed: 9/27/2005                                                                                                         
   Reappointed: 3/1/2006      Reappointed: 3/1/2009                                                                             
   Reappointed: 3/1/2012      Term Expires: 3/1/2015                                                                            
                                                                                                                                
   Amy Steele - Anchorage                                                                                                       
   Appointed: 8/1/2011        Term Expires: 3/1/2013                                                                            
                                                                                                                                
   Richard Traini, Jr. - Anchorage                                                                                              
   Appointed: 8/15/2011                                                                                                         
   Reappointed: 3/1/2012      Term Expires: 3/1/2015                                                                            
                                                                                                                                
   Patricia Vollendorf - Anchorage                                                                                              
   Appointed: 4/12/2004                                                                                                         
   Reappointed: 3/10/2006     Reappointed: 3/1/2009                                                                             
   Reappointed: 3/1/2012      Term Expires: 3/1/2015                                                                            
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
HOUSE BILL NO. 269                                                                                                              
"An Act relating to the amendment of a declaration that creates                                                                 
a common interest community."                                                                                                   
                                                                                                                                
     - MOVED HB 269 OUT OF COMMITTEE                                                                                            
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
BILL: HB 269                                                                                                                  
SHORT TITLE: COMMON INTEREST COMMUNITIES                                                                                        
SPONSOR(s): REPRESENTATIVE(s) HOLMES                                                                                            
                                                                                                                                
01/17/12       (H)       PREFILE RELEASED 1/13/12                                                                               

01/17/12 (H) READ THE FIRST TIME - REFERRALS

01/17/12 (H) L&C, JUD 03/14/12 (H) L&C AT 3:15 PM BARNES 124 03/14/12 (H) Heard & Held 03/14/12 (H) MINUTE(L&C) 03/30/12 (H) L&C AT 3:15 PM BARNES 124 WITNESS REGISTER KONRAD JACKSON, Staff Representative Kurt Olson Alaska State Legislature Juneau, Alaska. POSITION STATEMENT: Testified during the confirmation hearings. JAMES WALDO, Staff Representative Lindsey Holmes Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Briefly recapped HB 269 on behalf of the sponsor, Representative Lindsey Holmes. ACTION NARRATIVE 3:24:06 PM CHAIR KURT OLSON called the House Labor and Commerce Standing Committee meeting to order at 3:24 p.m. Representatives Holmes, Thompson, Saddler and Olson were present at the call to order. Representatives Miller and Johnson arrived as the meeting was in progress. 3:24:19 PM ^Confirmation Hearings Confirmation Hearings Alaska State Board of Public Accountancy Alcoholic Beverage Control Board State Board of Registration for Architects, Engineers, and Land Surveyors State Assessment Review Board Board of Barbers and Hairdressers Board of Chiropractic Examiners Alaska Labor Relations Agency Board of Marine Pilots Board of Marital and Family Therapy Board of Certified Direct-Entry Midwives Board of Nursing Occupational Safety and Health Review Board Board of Examiners in Optometry Board of Pharmacy State Physical Therapy and Occupational Therapy Board Board of Professional Counselors Board of Psychologist and Psychological Associate Examiners Board of Certified Real Estate Appraisers Real Estate Commission Board of Social Work Examiners Board of Veterinary Examiners Workers' Compensation Appeals Commission Alaska Workers' Compensation Board 3:24:28 PM CHAIR OLSON announced that the first order of business would be confirmation hearings of the various boards and commissions. 3:25:05 PM KONRAD JACKSON, Staff, Representative Kurt Olson, Alaska State Legislature, stated members received a copy of the memo from the Chief Clerk's office listing the appointees to the various boards and commissions. The memo also lists the appointment dates and terms that they have served. He stated that all the members have taken an opportunity to review resumes and so far have not expressed any concerns with the qualifications of any of the appointees. He offered to read the names of the boards or commissions and the appointees. He said he will then pass around the memo for members' signatures, and as members know a signature on that memo does not signify any member's vote for or against an appointee, but is to advance the names to a joint session. He then read, as follows: Alaska State Board of Public Accountancy Karen Brewer-Tarver Wayne Don Alcoholic Beverage Control Board Ethan Billings Ellen Ganley State Board of Registration for Architects, Engineers, and Land Surveyors David Hale Colin Maynard Richard Rearick Kathleen Schedler State Assessment Review Board James Mosley Board of Barbers and Hairdressers Darae Crews Brittany Hutchison Kevin McKinley Deanna Pruhs Board of Chiropractic Examiners Dr. James Heston Renee Robinson Alaska Labor Relations Agency Tyler Andrews Matthew McSorley Board of Marine Pilots Robert Richmond Board of Marital and Family Therapy The Very Rev. John Downing Board of Certified Direct-Entry Midwives Cheryl Corrick Board of Nursing Rochelle Lehrer Denise Valentine Occupational Safety and Health Review Board James Montgomery, Jr. Timothy Sharp Board of Examiners in Optometry Dr. Forrest Messerschmidt Board of Pharmacy John Cotter Lori DeVito Christopher Kim Theodore Mala, Jr. State Physical Therapy and Occupational Therapy Board David Carey Kathleen Lind James Parietti Board of Professional Counselors Lillian Mitchell Board of Psychologist and Psychological Associate Examiners Al Levy Christian Muntean Joel Wieman Board of Certified Real Estate Appraisers Lance Cook Real Estate Commission Anita Bates Stacy Risner Board of Social Work Examiners Marilyn Kerr Board of Veterinary Examiners Dr. Nelson Priddy II Dr. Tamara Rose Workers' Compensation Appeals Commission Stephen Hagedorn James Rhodes Alaska Workers' Compensation Board Charles Collins, Jr. Linda Hutchings Amy Steele Richard Traini, Jr. Patricia Vollendorf 3:29:45 PM REPRESENTATIVE THOMPSON asked whether Mr. Jackson had read the nominees to the Board of Professional Counselors. CHAIR OLSON stated Mr. Jackson had done so. 3:30:12 PM CHAIR OLSON, after first determining no one else wished to testify, closed public testimony on the confirmation hearings. 3:30:41 PM REPRESENTATIVE HOLMES commented that she appreciated having time to review the list. She said she discussed the names with her caucus and no one had any concerns at this point. She stated in terms of due diligence that everyone seems to be perfectly acceptable. She thanked everyone who put their names forward. She said she understands it takes time for people to serve on the boards and commissions. She restated her thanks for people agreeing to serve. CHAIR OLSON shared Representative Holmes sentiments. He also related his understanding of what it takes to serve given the scrutiny people currently receive. He expressed his gratitude that people are willing to serve. 3:31:33 PM REPRESENTATIVE SADDLER commented he previously served as staff to the Governor's Boards and Commissions. He said the names of those being reappointed were familiar. He expressed concern that some people served through their term limits, went off a board or commission for a term, and then were appointed again. He suggested new people should have a turn. REPRESENTATIVE THOMPSON agreed. He also noticed some board members who have served two terms. He pointed out some people are appointed late in the term and actually serve little more than one term. In those instances the board or commission does not receive the benefit of the board member's expertise for two full terms. CHAIR OLSON also agreed. He noted that this has also happened and has affected residents from the Kenai Peninsula Borough. 3:34:05 PM REPRESENTATIVE JOHNSON moved the confirmation of appointees referred to the House Labor & Commerce Standing Committee for consideration to the joint session of the House and Senate for consideration. He would also like to note that a member's signature on the report in no way reflects the member's vote during the joint session. There being no objection, the confirmations were advanced. 3:34:41 PM The committee took an at-ease from 3:34 p.m. to 3:36 p.m. HB 269-COMMON INTEREST COMMUNITIES 3:36:37 PM CHAIR OLSON announced that the final order of business would be HOUSE BILL NO. 269. "An Act relating to the amendment of a declaration that creates a common interest community." 3:36:44 PM JAMES WALDO, Staff, Representative Lindsey Holmes, Alaska State Legislature, explained that HB 269 would amend the Uniform Common Interest Ownership Act (UCIOA) to allow 80 percent of the homeowners to vote to extend timeframes on condominium projects. He characterized the bill as one that tweaks the UCIOA. 3:37:28 PM CHAIR OLSON, after first determining no one else wished to testify, closed public testimony on HB 269. 3:37:53 PM REPRESENTATIVE JOHNSON moved to report HB 269 out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HB 269 was reported from the House Labor and Commerce Standing Committee. 3:38:15 PM ADJOURNMENT There being no further business before the committee, the House Labor and Commerce Standing Committee meeting was adjourned at 3:38 p.m.

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