Legislature(1995 - 1996)

02/13/1995 03:12 PM L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
           HOUSE LABOR & COMMERCE STANDING COMMITTEE                           
                       February 13, 1995                                       
                           3:12 p.m.                                           
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Norman Rokeberg, Vice Chairman                                 
 Representative Brian Porter                                                   
 Representative Jerry Sanders                                                  
 Representative Beverly Masek                                                  
 Representative Kim Elton                                                      
 Representative Gene Kubina                                                    
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 Representative Pete Kott, Chairman                                            
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 Confirmation hearings of Governor's appointments:   State Board               
 of Registration for Architects, Engineers & Land Surveyors;                   
 Athletic Commission;  Board of Barbers & Hairdressers;  Board of              
 Chiropractic Examiners;  Board of Clinical Social Work Examiners;             
 Board of Dental Examiners;  Board of Dispensing Opticians;                    
 Alaska Labor Relations Agency;  Board of Marine Pilots;  Board of             
 Marital and Family Therapy;  Board of Certified Direct-Entry                  
 Midwives;  Board of Nursing;  Board of Examiners in Optometry;                
 State Physical Therapy & Occupational Therapy Board;  Board of                
 Psychologist & Psychological Associate Examiners;  Board of                   
 Certified Real Estate Appraisers;  Alaska Public Utilities                    
 Commission;  Alaska Workers Compensation Board                                
                                                                               
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 95-6, SIDE A                                                             
 Number 000                                                                    
                                                                               
 The House Labor & Commerce Committee was called to order by Vice              
 Chairman Norman Rokeberg at 3:12 p.m.  Members present at the                 
 call to order were Representatives Rokeberg, Porter, Sanders,                 
 Masek, Elton and Kubina.  Member absent was Representative Kott.              
                                                                               
 Number 015                                                                    
                                                                               
 VICE CHAIRMAN NORMAN ROKEBERG stated that a quorum was present.               
 He stated he would read the list of appointees.                               
                                                                               
 REPRESENTATIVE GENE KUBINA interrupted and objected.                          
                                                                               
 VICE CHAIRMAN ROKEBERG asked Representative Kubina if it would be             
 acceptable to let him read the list.                                          
                                                                               
 REPRESENTATIVE KUBINA asked to see the letter of transmittal                  
 bringing these names before the committee, he stated he believed              
 these names were not legally before the committee.                            
                                                                               
 VICE CHAIRMAN ROKEBERG stated that having reviewed the                        
 Constitution of the State of Alaska, and the legal opinions                   
 presented to the body, he wanted to move forward on the premise               
 that the committee was making recommendations and not                         
 confirmations.                                                                
                                                                               
 Number 041                                                                    
                                                                               
 REPRESENTATIVE KIM ELTON stated if there wasn't a letter of                   
 transmittal, then he wanted to see the legal opinion provided to              
 the committee.                                                                
                                                                               
 Number 048                                                                    
                                                                               
 VICE CHAIRMAN ROKEBERG stated he had just received the opinion                
 that afternoon.  The letter was from Suzi Lowell, Chief Clerk.                
 He stated the legal opinion indicated that the constitutional                 
 question had not been ruled directly or indirectly by the Alaska              
 Supreme Court, and there is legal opinion that indicates the                  
 custom and tradition of this body proceed on the recommendations              
 today.  He stated any other challenge to this committee would be              
 better taken up on the floor.                                                 
                                                                               
 REPRESENTATIVE ELTON stated he would move to change the format                
 for this committee to reflect this was not a confirmation                     
 hearing, they were viewing names for possible approval by the                 
 committee.                                                                    
                                                                               
 REPRESENTATIVE BRIAN PORTER objected to the motion.  He stated it             
 would be inappropriate to not characterize this as a confirmation             
 hearing.  It was his understanding, (having just chaired a                    
 committee that went through this same process), the result of                 
 this committee hearing, after pleading its deliberations on these             
 individuals, would be to forward the names without commitment for             
 a yes or no vote, towards confirmation.  The committee vote would             
 be to recommend that these names be presented to the House for                
 consideration or confirmation vote, not that we do or do not                  
 recommend individually or collectively their appointments.                    
                                                                               
 VICE CHAIRMAN ROKEBERG asked Representative Porter to restate                 
 what he had just said.                                                        
                                                                               
 REPRESENTATIVE PORTER stated that we will not be making                       
 recommendations on the document that we will be sending to the                
 Clerk, as we do on bills.  He stated they would merely say that               
 this committee moves these names from committee to the floor for              
 a collective consideration.                                                   
                                                                               
 REPRESENTATIVE ELTON moved that the consideration of these names              
 not be considered confirmation of hearing names, but                          
 recommendations only.                                                         
                                                                               
 Representatives Kubina, Elton, Masek and Sanders voted in favor               
 of the motion.  Representatives Porter and Rokeberg voted against             
 the motion.  So the motion was adopted.                                       
                                                                               
 VICE CHAIRMAN ROKEBERG stated that this motion wasn't the                     
 original motion that Representative Porter stated earlier.                    
                                                                               
 REPRESENTATIVE MASEK stated that she would like to reconsider.                
                                                                               
 Discussion ensued over what the motion was.                                   
                                                                               
 REPRESENTATIVE KUBINA stated that the motion was very similar to              
 what Representative Porter had said.                                          
                                                                               
 VICE CHAIRMAN ROKEBERG stated that it was different.                          
                                                                               
 Number 203                                                                    
                                                                               
 REPRESENTATIVE KUBINA stated they were the Labor & Commerce                   
 Committee and they didn't need this battle.  He said, "let                    
 whatever the 2nd & 3rd floors do whatever they wanted, and not                
 bring Labor & Commerce into it."  He stated that if these were                
 going to go forward to the floor, he felt Representative Elton's              
 motion did that.                                                              
                                                                               
 Number 183                                                                    
                                                                               
 REPRESENTATIVE PORTER stated that he detected a difference in the             
 characterization of the motion.  The rendition that we were                   
 voting on, was that we will not individually confirm these                    
 people, but send the names on to the House.                                   
                                                                               
 VICE CHAIRMAN ROKEBERG moved that they reconsider and restate the             
 motion, then vote on this motion to reconsider.  He stated they               
 would vote on reconsidering the motion and put the motion in                  
 writing.                                                                      
                                                                               
 REPRESENTATIVE ELTON stated with that in mind, then he would move             
 that they rescind their previous action.                                      
                                                                               
 Number 203                                                                    
                                                                               
 REPRESENTATIVE KUBINA stated he was going to leave and allow the              
 committee to conduct this hearing.  He stated he felt they had                
 taken an action.                                                              
                                                                               
 REPRESENTATIVE ROKEBERG stated there was a motion on the floor to             
 rescind the action.                                                           
                                                                               
 REPRESENTATIVE ELTON stated that he objected.  He asked if the                
 motion to rescind represented the majority vote of the members                
 present.                                                                      
                                                                               
 VICE CHAIRMAN ROKEBERG asked Representative Elton if he objected.             
                                                                               
 REPRESENTATIVE ELTON stated that he objected.                                 
                                                                               
 VICE CHAIRMAN ROKEBERG asked for a vote.                                      
                                                                               
 Representatives Sanders, Porter, Masek and Rokeberg voted in                  
 favor of the motion.  Representative Elton voted against.                     
                                                                               
 Number 225                                                                    
                                                                               
 VICE CHAIRMAN ROKEBERG stated he would entertain a motion.                    
                                                                               
 REPRESENTATIVE ELTON stated he would offer a motion that the                  
 committee forward only those names that were on Governor Knowles'             
 list and the list that was forwarded by Governor Hickel, and                  
 those names that are not on both lists would remain off the table             
 at this time.                                                                 
                                                                               
 REPRESENTATIVE PORTER and REPRESENTATIVE MASEK objected.                      
                                                                               
 Number 240                                                                    
                                                                               
 VICE CHAIRMAN ROKEBERG stated he had reviewed both lists and all              
 of Governor Knowles names are included in the Clerk's list;                   
 however, there are additional names on the Clerk's list that were             
 not on Governor Knowles' list.  Therefore, he stated, he was                  
 going to vote no on this.                                                     
                                                                               
 Representative Elton voted in favor of the motion,                            
 Representatives Masek, Sanders, Porter and Rokeberg voted                     
 against.                                                                      
                                                                               
 Number 256                                                                    
                                                                               
 REPRESENTATIVE ELTON stated he had yet to see that these names                
 were properly or legally before not only this committee but also              
 the legislature.  Representative Elton then excused himself from              
 the meeting.                                                                  
                                                                               
 Number 260                                                                    
                                                                               
 REPRESENTATIVE PORTER stated he did not dispute the opinions of               
 the previous speakers that had left the committee, but did                    
 disagree with their opinions.  He stated it was inappropriate                 
 characterization to say that this has a legal problem, it has                 
 potential for legal debate like anything, but the law is clear                
 that people who have been appointed by a Governor and whose names             
 have been submitted are properly in front of the legislature, and             
 it is the legislature's prerogative to either accept or reject                
 them, regardless of the fact the Governorship has changed hands               
 between this occurrence.  Representative Porter recommended that              
 the committee adopt the form they had in front of them.                       
                                                                               
 VICE CHAIRMAN ROKEBERG agreed with Representative Porter and                  
 asked him to put that in the form of a motion.                                
                                                                               
 REPRESENTATIVE PORTER asked if he would like to do this                       
 individually or as a group.                                                   
                                                                               
 VICE CHAIRMAN ROKEBERG made a motion to move the list of                      
 appointments, transferred by Suzi Lowell, House Chief Clerk, in a             
 Memorandum dated February 6, 1995, from the committee to the                  
 floor for consideration.  Vice Chairman Rokeberg asked if there               
 were any objections.  There were none.  The motion was adopted.               
 For the record, Vice Chairman Rokeberg asked that the names from              
 that memorandum be incorporated into the minutes.                             
                                                                               
  State Board of Registration for Architects, Engineers, Land                  
  Surveyors                                                                    
   Mary Ann Pease                                                              
   D. Lance Mearig, P.E.                                                       
                                                                               
  Athletic Commission                                                          
    Kenneth P. Asplund                                                         
                                                                               
  Board of Barbers and Hairdressers                                            
   Julie A. Flint                                                              
                                                                               
  Board of Chiropractic Examiners                                              
   Patricia G. Conners-Allen, D.C.                                             
   Virginia C. Phillips                                                        
                                                                               
  Board of Clinical Social Work Examiners                                      
   James W. Henkelman, L.C.S.W.                                                
   Colleen C. Patrick-Riley                                                    
                                                                               
  Board of Dental Examiners                                                    
   Lt. Commander Benjamin T. Selle, D.M.D.                                     
   James C. Singleton, D.D.S.                                                  
                                                                               
  Board of Dispensing Opticians                                                
   Patricia Hedges-Gajdos                                                      
   Pamela L. Doerr                                                             
                                                                               
  Alaska Labor Relations Agency                                                
   Robert A. Doyle                                                             
   James W. Elliott                                                            
   Karen J. Mahurin                                                            
   Bill J. SMart                                                               
                                                                               
  Board of Marine Pilots                                                       
   Robert M. Berto                                                             
                                                                               
  Board of Marital and Family Therapy                                          
   Maureen P. Christensen, M.Ed., L.M.F.T                                      
                                                                               
  Board of Certified Direct-Entry Midwives                                     
   Sydney Flint                                                                
                                                                               
  Board of Nursing                                                             
   Louise M. Dean                                                              
                                                                               
  Board of Examiners in Optometry                                              
   Randall W. Christiansen, O.D.                                               
   Marilyn S. Porter                                                           
                                                                               
  State Physical Therapy and Occupational Therapy Board                        
   Bonnie W. Tisler, P.T.                                                      
                                                                               
  Board of Psychologist and Psychological Associate Examiners                  
   Timothy M. Lynch                                                            
   Bruno M. Kappas, Ph.D.                                                      
                                                                               
  Board of Certified Real Estate Appraisers                                    
   Richard L. Shideler                                                         
   Susan K. Crosson                                                            
                                                                               
  Alaska Public Utilities Commission                                           
   Tim Cook                                                                    
                                                                               
  Alaska Workers Compensation Board                                            
   Richard B. Stout                                                            
   Clifford D. Koivisto                                                        
   Paula J. Wilson                                                             
   Darrell R. Smith                                                            
   Marc D. Stemp                                                               
   C. Russell Lewis                                                            
   Patricia A. Vollendorf                                                      
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 There being no further business before the committee, the House               
 Labor & Commerce Committee meeting was adjourned at 3:37 p.m.                 
                                                                               
                                                                               

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