Legislature(1995 - 1996)
02/13/1995 03:12 PM L&C
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
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.