Legislature(2013 - 2014)BARNES 124

03/29/2013 03:15 PM LABOR & COMMERCE


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03:21:22 PM Start
03:21:46 PM Confirmation Hearing(s)|| Alaska State Board of Public Accountancy|| Alcoholic Beverage Control Board|| Board of Registration for Architects, Engineers, and Land Surveyors|| Board of Barbers and Hairdressers|| Board of Dental Examiners|| Board of Chiropractic Examiners|| Alaska Labor Relations Agency|| Regulatory Commission of Alaska|| 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 Professional Counselors|| State Physical Therapy and Occupational Therapy Board|| Board of Pharmacy|| Board of Psychologists and Psychological Associate Examiners|| Board of Certified Real Estate Appraisers|| Board of Social Work Examiners|| Real Estate Commission|| Board of Veterinary Examiners|| Workers' Compensation Appeals Commission|| Alaska Workers' Compensation Board
03:37:17 PM HB167
04:02:51 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 and Land
Surveyors; Board of Barbers and Hairdressers;
Board of Chiropractic Examiners; Board of
Dental Examiners; Alaska Labor Relations Agency;
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
- Regulatory Commission of Alaska
<Above Item Rescheduled to 4/5/13>
*+ HB 167 ARCHITECTS, ENGINEERS, SURVEYORS TELECONFERENCED
Moved Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                         March 29, 2013                                                                                         
                           3:21 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Kurt Olson, Chair                                                                                                
Representative Lora Reinbold, Vice Chair                                                                                        
Representative Mike Chenault                                                                                                    
Representative Dan Saddler                                                                                                      
Representative Andy Josephson                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Bob Herron                                                                                                       
Representative Charisse Millett                                                                                                 
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S):                                                                                                        
                                                                                                                                
Alaska State Board of Public Accountancy                                                                                      
                                                                                                                                
     Craig Chapman - Kenai                                                                                                      
     Donovan Rulien II - Anchorage                                                                                              
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Alcoholic Beverage Control Board                                                                                              
                                                                                                                                
     Robert (Bobby) Evans - Nome                                                                                                
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Registration for Architects, Engineers, and Land                                                                     
Surveyors                                                                                                                     
                                                                                                                                
     Eric Eriksen - Juneau                                                                                                    
     John Kerr - Anchorage                                                                                                      
     Jeffrey Koonce - Anchorage                                                                                                 
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Barbers and Hairdressers                                                                                             
                                                                                                                                
     Michael Bolivar - Anchorage                                                                                                
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Dental Examiners                                                                                                     
                                                                                                                                
     Robyn Chaney - Dillingham                                                                                                  
     Dr. Mary Anne Navitsky' - Sitka                                                                                            
     Dr. Steven Scheller - Fairbanks                                                                                            
     Gail Walden - Wassila                                                                                                      
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Chiropractic Examiners                                                                                               
                                                                                                                                
     Dr. Edward Barrington - Anchorage                                                                                          
     Dr. Daniel Holt - Auke Bay                                                                                                 
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Alaska Labor Relations Agency                                                                                                 
                                                                                                                                
     Gary Bader - Anchorage                                                                                                     
     Daniel Repasky - Anchorage                                                                                                 
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Marital and Family Therapy                                                                                           
                                                                                                                                
     Linda King - Chugiak                                                                                                       
     Kennith McCarty - Eagle River                                                                                              
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Certified Direct-Entry Midwives                                                                                      
                                                                                                                                
     Sarah Taygan - Chugiak                                                                                                     
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Nursing                                                                                                              
                                                                                                                                
     Hannah Espera - Anchorage                                                                                                  
     Thomas Hendrix - Eagle River                                                                                               
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Occupational Safety and Health Review Board                                                                                   
                                                                                                                                
          Thomas Trosvig - Kodiak                                                                                               
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Examiners in Optometry                                                                                               
                                                                                                                                
     Dr. Grant Humphreys - Anchorage                                                                                            
     Immanuel Lewis - Anchorage                                                                                                 
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Professional Counselors                                                                                              
                                                                                                                                
     Anne Marie Brainerd - Fairbanks                                                                                            
     Debra Hamilton - Soldotna                                                                                                  
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
State Physical Therapy and Occupational Therapy Board                                                                         
                                                                                                                                
     Dr. Darin Bell - Seward                                                                                                    
     Ruth Kostik - Juneau                                                                                                       
     Valerie Phelps - Anchorage                                                                                                 
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Pharmacy                                                                                                             
                                                                                                                                
     John Cotter - Fairbanks                                                                                                    
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Psychologists and Psychological Associate Examiners                                                                  
                                                                                                                                
     Dr. Kristi Fuller - Anchorage                                                                                              
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Certified Real Estate Appraisers                                                                                     
                                                                                                                                
     James Picard - Anchorage                                                                                                   
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Social Work Examiners                                                                                                
                                                                                                                                
     Zachary Paulson - Palmer                                                                                                   
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Real Estate Commission                                                                                                        
                                                                                                                                
     Eric Bushnell - Wasilla                                                                                                    
     Nancy Davis - Sitka                                                                                                        
     Stacy Risner - Fairbanks                                                                                                   
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Veterinary Examiners                                                                                                 
                                                                                                                                
     DeeDee Jonrowe - Willow                                                                                                    
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Workers' Compensation Appeals Commission                                                                                      
                                                                                                                                
     David Richards - Eagle River                                                                                               
                                                                                                                                
          - CONFIRMATION(S) ADVANCED                                                                                            
                                                                                                                                
Alaska Workers' Compensation Board                                                                                            
                                                                                                                                
     Stacy Allen - Palmer                                                                                                       
     Bradley Austin - Auke Bay                                                                                                  
     Pamela Cline - Wasilla                                                                                                     
     Sarah Lefebvre - Fairbanks                                                                                                 
     Amy Steele - Anchorage                                                                                                     
     Mark Talbert - Wasilla                                                                                                     
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
HOUSE BILL NO. 167                                                                                                              
"An Act relating to the regulation of architects, engineers,                                                                    
land surveyors, and landscape architects."                                                                                      
                                                                                                                                
     - MOVED HB 167 OUT OF COMMITTEE                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S):                                                                                                        
                                                                                                                                
Regulatory Commission of Alaska                                                                                               
                                                                                                                                
     - RESCHEDULED TO 4/5/13                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 167                                                                                                                  
SHORT TITLE: ARCHITECTS, ENGINEERS, SURVEYORS                                                                                   
SPONSOR(s): LABOR & COMMERCE                                                                                                    
                                                                                                                                
03/15/13       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/15/13       (H)       L&C                                                                                                    
03/29/13       (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                                                               
on behalf of Representative Kurt Olson, Chair of the House Labor                                                                
& Commerce Committee.                                                                                                           
                                                                                                                                
ANNA LATHAM, Staff                                                                                                              
Representative Kurt Olson                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 167 on behalf of                                                                            
Representative Kurt Olson, Chair of the House Labor & Commerce                                                                  
Committee.                                                                                                                      
                                                                                                                                
HARLEY HIGHTOWER, Architect                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 167.                                                                          
                                                                                                                                
RICHARD REARICK, Architect; Chair                                                                                               
Board of Registration for Architects, Engineers, and Land                                                                       
Surveyors                                                                                                                       
Department of Commerce, Community & Economic Development (DCCED)                                                                
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 167.                                                                          
                                                                                                                                
BRIAN HANSON, Professional Engineer (PE);                                                                                       
Civil and Mining Engineer; Chair,                                                                                               
Board of Registration for Architects, Engineers, and Land                                                                       
Surveyors (AELS)                                                                                                                
Department of Commerce, Community & Economic Development (DCCED)                                                                
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 167.                                                                          
                                                                                                                                
DALE NELSON, Professional Engineer (PE) Civil Engineer;                                                                         
Chair, Liaison Committee                                                                                                        
Alaska Professional Design Council (APDC)                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 167.                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:21:22 PM                                                                                                                    
                                                                                                                                
CHAIR KURT  OLSON called  the House  Labor and  Commerce Standing                                                             
Committee  meeting  to  order  at   3:21  p.m.    Representatives                                                               
Josephson, Reinbold, Saddler, and Olson  were present at the call                                                               
to order.  Representative Chenault  arrived as the meeting was in                                                               
progress.                                                                                                                       
                                                                                                                                
^CONFIRMATION HEARING(S)                                                                                                        
^Alaska State Board of Public Accountancy                                                                                       
^Alcoholic Beverage Control Board                                                                                               
^Board of Registration for Architects, Engineers, and Land                                                                      
Surveyors                                                                                                                       
^Board of Barbers and Hairdressers                                                                                              
^Board of Dental Examiners                                                                                                      
^Board of Chiropractic Examiners                                                                                                
^Alaska Labor Relations Agency                                                                                                  
^Regulatory Commission of Alaska                                                                                                
^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 Professional Counselors                                                                                               
^State Physical Therapy and Occupational Therapy Board                                                                          
^Board of Pharmacy                                                                                                              
^Board of Psychologists and Psychological Associate Examiners                                                                   
^Board of Certified Real Estate Appraisers                                                                                      
^Board of Social Work Examiners                                                                                                 
^Real Estate Commission                                                                                                         
^Board of Veterinary Examiners                                                                                                  
^Workers' Compensation Appeals Commission                                                                                       
^Alaska Workers' Compensation Board                                                                                             
                                                                                                                                
                    CONFIRMATION HEARING(S)                                                                                 
            Alaska State Board of Public Accountancy                                                                        
                Alcoholic Beverage Control Board                                                                            
   Board of Registration for Architects, Engineers, and Land                                                                
                           Surveyors                                                                                        
               Board of Barbers and Hairdressers                                                                            
                   Board of Dental Examiners                                                                                
                Board of Chiropractic Examiners                                                                             
                 Alaska Labor Relations Agency                                                                              
                Regulatory Commission of Alaska                                                                             
              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 Professional Counselors                                                                            
     State Physical Therapy and Occupational Therapy Board                                                                  
                       Board of Pharmacy                                                                                    
  Board of Psychologists and Psychological Associate Examiners                                                              
           Board of Certified Real Estate Appraisers                                                                        
                 Board of Social Work Examiners                                                                             
                     Real Estate Commission                                                                                 
                 Board of Veterinary Examiners                                                                              
            Workers' Compensation Appeals Commission                                                                        
               Alaska Workers' Compensation Board                                                                           
                                                                                                                                
3:21:46 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON announced  that the first order of  business would be                                                               
the  confirmation  hearings of  the  appointments  to the  listed                                                               
boards and commission.                                                                                                          
                                                                                                                                
3:22:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD moved  to  advance  the confirmation  of                                                               
appointees referred  to the House  Labor & Commerce  Committee to                                                               
the joint session of the House and Senate for consideration.                                                                    
                                                                                                                                
CHAIR OLSON objected.                                                                                                           
                                                                                                                                
3:24:59 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:24 p.m. to 3:25 p.m.                                                                       
                                                                                                                                
CHAIR  OLSON related  the committee  will take  up the  remaining                                                               
confirmation hearing appointees and  holdover the hearing for the                                                               
appointee  to  the Regulatory  Commission  of  Alaska (RCA),  Mr.                                                               
Rokeberg,  since members  have  questions for  the appointee  who                                                               
could not testify due to technical difficulties.                                                                                
                                                                                                                                
3:25:13 PM                                                                                                                    
                                                                                                                                
KONRAD JACKSON,  Staff, Representative  Kurt Olson,  Alaska State                                                               
Legislature, on behalf  of the House Labor  & Commerce Committee,                                                               
referred to  a draft memo dated  March 29, 2013.   He stated that                                                               
the memo from  the committee to the Chief  Clerk lists appointees                                                               
to the Boards  and Commissions to which they were  appointed.  He                                                               
said that all  the members have had an opportunity  to review the                                                               
resumes of  the appointees  and have  expressed no  concerns with                                                               
any of the qualifications of the appointees he is about to read.                                                                
                                                                                                                                
3:26:02 PM                                                                                                                    
                                                                                                                                
MR. JACKSON read the following list of appointees:                                                                              
                                                                                                                                
     Alaska State Board of Public Accountancy                                                                                 
     Craig Chapman                                                                                                              
     Donovan Rulien II                                                                                                          
                                                                                                                                
     Alcoholic Beverage Control Board                                                                                         
     Robert (Bobby) Evans                                                                                                       
                                                                                                                                
      Board of Registration for Architects, Engineers, and                                                                    
     Land Surveyors                                                                                                           
     Eric Eriksen                                                                                                             
     John Kerr                                                                                                                  
     Jeffrey Koonce                                                                                                             
                                                                                                                                
     Board of Dental Examiners                                                                                                
     Robyn Chaney                                                                                                               
     Dr. Mary Anne Navitsky'                                                                                                    
     Dr. Steven Scheller                                                                                                        
     Gail Walden                                                                                                                
                                                                                                                                
     Board of Barbers and Hairdressers                                                                                        
     Michael Bolivar                                                                                                            
                                                                                                                                
     Board of Chiropractic Examiners                                                                                          
     Dr. Edward Barrington                                                                                                      
     Dr. Daniel Holt                                                                                                            
                                                                                                                                
     Alaska Labor Relations Agency                                                                                            
     Gary Bader                                                                                                                 
     Daniel Repasky                                                                                                             
                                                                                                                                
     Board of Marital and Family Therapy                                                                                      
     Linda King                                                                                                                 
     Kennith McCarty                                                                                                            
                                                                                                                              
     Board of Certified Direct-Entry Midwives                                                                                 
     Sarah Taygan                                                                                                               
                                                                                                                                
     Board of Nursing                                                                                                         
     Hannah Espera                                                                                                              
     Thomas Hendrix                                                                                                             
                                                                                                                                
     Occupational Safety and Health Review Board                                                                              
     Thomas Trosvig                                                                                                             
                                                                                                                                
     Board of Examiners in Optometry                                                                                          
     Dr. Grant Humphreys                                                                                                        
     Immanuel Lewis                                                                                                             
                                                                                                                                
     Board of Professional Counselors                                                                                         
     Anne Marie Brainerd                                                                                                        
     Debra Hamilton                                                                                                             
                                                                                                                                
     State Physical Therapy &Occupational Therapy Board                                                                       
     Dr. Darin Bell                                                                                                             
     Ruth Kostik                                                                                                                
     Valerie Phelps                                                                                                             
                                                                                                                              
     Board of Pharmacy                                                                                                        
     John Cotter                                                                                                              
                                                                                                                              
       Board of Psychologists and Psychological Associate                                                                     
     Examiners                                                                                                                
     Dr. Kristi Fuller                                                                                                          
                                                                                                                              
     Board of Certified Real Estate                                                                                           
     Appraisers                                                                                                               
     James Picard                                                                                                               
                                                                                                                              
     Board of Social Work Examiners                                                                                           
     Zachary Paulson                                                                                                            
                                                                                                                                
     Real Estate Commission                                                                                                   
     Eric Bushnell                                                                                                              
     Nancy Davis                                                                                                                
     Stacy Risner                                                                                                               
                                                                                                                                
     Board of Veterinary Examiners                                                                                            
     DeeDee Jonrowe                                                                                                             
                                                                                                                                
     Workers' Compensation Appeals Commission                                                                               
     David Richards                                                                                                             
                                                                                                                                
     Alaska Workers' Compensation Board                                                                                       
     Stacy Allen                                                                                                                
     Bradley Austin                                                                                                             
     Pamela Cline                                                                                                               
     Sarah Lefebvre                                                                                                             
     Amy Steele                                                                                                                 
     Mark Talbert                                                                                                               
                                                                                                                                
                                                                                                                                
MR.  JACKSON reminded  members that  members'  signatures on  the                                                               
memo to the Chief  Clerk do not reflect the intent  of any of the                                                               
members to  vote for or  against any of these  individuals during                                                               
the joint floor session.                                                                                                        
                                                                                                                                
3:28:55 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  stated that  members have been  given access  to the                                                               
resumes  and  applications   of  all  of  the   names  that  were                                                               
previously read and if they  had questions, members contacted the                                                               
individuals directly.  He offered  his belief the high caliber of                                                               
appointees have been  put forward and he has not  heard any vocal                                                               
opposition to  any of  the appointees.   He  added that  he asked                                                               
former  Representative  Norm Rokeberg  to  testify,  [but due  to                                                               
technical difficulties he has not been able to testify].                                                                        
                                                                                                                                
3:29:56 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON removed his objection.                                                                                              
                                                                                                                                
The committee took an at-ease from 3:30 p.m. to 3:34 p.m.                                                                       
                                                                                                                                
3:34:52 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON  [said  he  would   advance  the  confirmations  for                                                               
appointees  referred to  the House  Labor  and Commerce  Standing                                                               
Committee for  consideration to  the joint  session of  the House                                                               
and  Senate  for consideration.    He  noted that  each  member's                                                               
signature  on  the committee's  report  in  no way  reflects  the                                                               
member's vote  during the  joint floor session.   There  being no                                                               
further objection, the confirmations were advanced.                                                                             
                                                                                                                                
The committee took an at-ease from 3:35 p.m. to 3:37 p.m.                                                                       
                                                                                                                                
            HB 167-ARCHITECTS, ENGINEERS, SURVEYORS                                                                         
                                                                                                                                
3:37:17 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON announced  that the final order of  business would be                                                               
HOUSE  BILL  NO. 167,  "An  Act  relating  to the  regulation  of                                                               
architects,    engineers,   land    surveyors,   and    landscape                                                               
architects."                                                                                                                    
                                                                                                                                
3:37:22 PM                                                                                                                    
                                                                                                                                
ANNA  LATHAM,  Staff, Representative  Kurt  Olson,  on behalf  of                                                               
Representative  Kurt  Olson,  Chair,  House  Labor  and  Commerce                                                               
Standing Committee, stated that HB  167 would provide a number of                                                               
technical changes  to the Board  of Registration  for Architects,                                                               
Engineers,  &  Land  Surveyors   (AELS)  and  provide  additional                                                               
protection  to  the  public  regarding  sealing  of  professional                                                               
documents by the  design professionals.  She  provided a section-                                                               
by-section  analysis of  the  bill.   Section  1  would amend  AS                                                               
08.48.221  by requiring  registrants  to sign  on  the seal  when                                                               
approving design documents.   It deleted the  language that would                                                               
allow  registrants to  certify on  the face  of the  document the                                                               
extent of  the registrant's responsibility  for the  design work.                                                               
Section  2  would add  a  new  subsection  to AS  08.48.221  that                                                               
requires  documents containing  the  work of  multiple fields  of                                                               
practice to be  sealed and signed by a registrant  in each of the                                                               
fields covered by the document.                                                                                                 
                                                                                                                                
MS. LATHAM  said that  Section 3 would  change the  exemption for                                                               
buildings for  residence by  not more than  four families  to not                                                               
more  than   three  families.  It  would   add  "architect,  land                                                               
surveying, or  landscape architecture"  to this  section wherever                                                               
"engineering" appears.   Additionally,  it would add  language to                                                               
the  exceptions  regarding  revegetation or  placement  of  plant                                                               
material to  require a board  determination that the  action does                                                               
not  affect the  public health,  safety, or  welfare.   Section 4                                                               
would  add definitions  for "design  of minor  importance," "shop                                                               
drawing"  and  "field  drawing."    One  of  the  purposes  of  a                                                               
professional  licensing  board  is   to  take  into  account  the                                                               
concerns of  its licensees  and serve as  a conduit  for bringing                                                               
those issues  to the attention  of the legislature.   She pointed                                                               
out that all of the changes in  HB 167 were brought forth by AELS                                                               
Board.  She  highlighted that while most  registrants work within                                                               
their  field  of expertise,  current  statutes  suggested that  a                                                               
registrant  is allowed  to seal  documents  that are  not in  the                                                               
realm  of  the  registrant's  discipline   of  licensure  if  the                                                               
registrant certifies of  the face of the documents  to the extent                                                               
of the registrant's responsibility,  which has created a loophole                                                               
and many problems.                                                                                                              
                                                                                                                                
3:39:47 PM                                                                                                                    
                                                                                                                                
MS.  LATHAM explained  that  the statute  was  intended to  allow                                                               
multiple  engineering  disciplines  the   ability  to  stamp  the                                                               
drawing  and indicate  the  specific portion  of  the design  for                                                               
which  they were  taking responsibility;  however, this  has been                                                               
exploited or misinterpreted to allow  design professionals to opt                                                               
out of taking  responsibility for a large portion  of their work.                                                               
This has resulted  in numerous building code  violations the AELS                                                               
investigator must review.   Currently, the AELS Board  has a bill                                                               
before  the  legislature  for  a  full-time  investigator,  which                                                               
passed out of this committee.   In 2012, the AELS Board added 490                                                               
registrants to its  oversight, which has also  increased the case                                                               
load for  the investigator.   Thus, now is  the time to  clean up                                                               
the statutes  for the board.   The only other change  in the bill                                                               
that  raised some  questions is  in Section  3, page  3 line  14.                                                               
This would  change the size  of residence that requires  a design                                                               
professional's  involvement and  will conform  to the  state Fire                                                               
Marshal's regulations, she  said.  She referred  to AS 18.70.080,                                                               
which requires the  Department of Public Safety  (DPS) to develop                                                               
regulations  establishing minimum  standards  for  fire and  life                                                               
safety    criteria   in    commercial,   industrial,    business,                                                               
institutional, and other public  buildings and buildings used for                                                               
residential purposes containing four or  more dwelling units.  In                                                               
accordance with the AELS Board's  mission to protect the public's                                                               
health, safety,  and welfare,  this bill  seeks to  eliminate the                                                               
loopholes  in  current statutes  that  allow  for the  misuse  of                                                               
seals.                                                                                                                          
                                                                                                                                
3:41:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  asked  whether she  could  identify  any                                                               
buildings that have had problems.                                                                                               
                                                                                                                                
MS. LATHAM  deferred to Harley  Hightower, who  previously served                                                               
on the AELS board for eight years.                                                                                              
                                                                                                                                
The committee took an at-ease from 3:43 p.m. to 3:48 p.m.                                                                       
                                                                                                                                
3:49:28 PM                                                                                                                    
                                                                                                                                
HARLEY HIGHTOWER, Architect, introduced himself.                                                                                
                                                                                                                                
REPRESENTATIVE   SADDLER  asked   whether  Mr.   Hightower  could                                                               
highlight some  specific building code violations  that relate to                                                               
numerous health  and safety issues  and if he could  identify any                                                               
specific  buildings  members might  be  familiar  with [in  their                                                               
districts.]                                                                                                                     
                                                                                                                                
MR. HIGHTOWER answered that he  was unsure of specific buildings,                                                               
although he  had served on  the enforcement committee  during his                                                               
AELS  board  service.    He  recalled  when  the  board  reviewed                                                               
documents he  found some  issues, although he  said he  could not                                                               
name them since the cases under review were confidential.                                                                       
                                                                                                                                
3:50:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON  asked whether this  part of AS  08 that                                                               
relates to  misuse of seals  should have some deterrent  or civil                                                               
penalty attached.                                                                                                               
                                                                                                                                
MR. HIGHTOWER replied that he  is not familiar with the penalties                                                               
in  AS 08  although the  board does  have guidelines  for certain                                                               
penalties for  certain offenses.   The problem the board  has had                                                               
relates to the difficulty in  enforcing these statutes.  In fact,                                                               
the  board  is  interested  in  these changes  so  cases  can  be                                                               
prosecuted, he said.                                                                                                            
                                                                                                                                
3:52:30 PM                                                                                                                    
                                                                                                                                
MR.  HIGHTOWER offered  his  support for  HB 167.    He said  his                                                               
support is offered  based on his observations  during forty years                                                               
of  practice in  the field  of architecture  in Alaska  and eight                                                               
years of  service on the  AELS board.   The current  statutes are                                                               
unclear in  terms of  use of seals  or application  of exemptions                                                               
relative  to  the  public  health, safety,  and  welfare  of  the                                                               
public, which  is not well served.   He referred to  AS 08.48.221                                                               
and  noted  the   most  common  misuse  of  seals is  sealing  of                                                               
multiple discipline  drawings by the single  registrant.  Sealing                                                               
documents without the  proper due diligence and  oversight is not                                                               
allowed.  The change under  AS 08.48.331, exemption (6), relative                                                               
to  three  and  four  plex  residences  is  one  that  the  board                                                               
considered  as  a  housekeeping   measure  consistent  with  fire                                                               
prevention statutes and for clarity.   He explained the exemption                                                               
for the  specialty contractors  has been  interpreted by  some to                                                               
allow  the  practice  of engineering  by  specialty  contractors.                                                               
Certainly,  fire  protection  contractors  who  are  specifically                                                               
educated,  trained  and  certified   to  design  fire  protection                                                               
systems  are  presently exempt.    Other  trades under  specialty                                                               
contractors are  skilled; however,  they are  not able  to design                                                               
systems  since they  do not  have  the rigors  of experience  and                                                               
examination to design fire systems.   The remaining changes under                                                               
AS 08.48.281 and  08.48.341 are "clean up"  or technical language                                                               
to  clarify the  subject  of  sealing of  design  documents.   He                                                               
concluded  that  the  bill  will assist  in  the  enforcement  of                                                               
statutes  to  protect  the  health, safety  and  welfare  of  the                                                               
public.                                                                                                                         
                                                                                                                                
3:56:09 PM                                                                                                                    
                                                                                                                                
RICHARD REARICK,  Architect, stated  that he currently  serves on                                                               
the AELS  board, but is  representing himself today.   He offered                                                               
his support  for HB  167 and  echoed Mr.  Hightower's statements.                                                               
He offered  his belief that this  bill will serve to  clarify the                                                               
registrant's responsibility with respect  to sealing of documents                                                               
and to  clarify the  extent of  the registrant's  discipline with                                                               
respect to incidental  practice.  The bill  also adds definitions                                                               
to  AS  08.48.341.   These  changes  are complementary  to  other                                                               
statute changes, he said.                                                                                                       
                                                                                                                                
3:57:25 PM                                                                                                                    
                                                                                                                                
BRIAN  HANSON,  Professional  Engineer  (PE);  Civil  and  Mining                                                               
Engineer;   Chair,   Board   of  Registration   for   Architects,                                                               
Engineers,  and Land  Surveyors (AELS),  Department of  Commerce,                                                               
Community  &   Economic  Development  (DCCED),  stated   that  he                                                               
currently  serves as  chair of  the AELS  board.   He said  he is                                                               
supporting  HB  167, specifically,  the  language  change for  AS                                                               
08.48.221,  related to  signing  and sealing  documents which  is                                                               
important, in  particular, the seal  has added significance.   He                                                               
referred  to AS  08.48.221, with  respect to  signing within  the                                                               
registrant's  field   of  practice   or  design  work   of  minor                                                               
importance, which  he also supports.   He has served on  the AELS                                                               
Board's  enforcement committee  and  during that  time the  board                                                               
took some legal actions.  For  example, the board has on occasion                                                               
had   to  consent   decrees  with   licensees,   who  have   made                                                               
inappropriate  statements on  a document.   He  explained that  a                                                               
registered   design  professional   cannot  stamp   with  his/her                                                               
professional stamp  and later decide not  take responsibility for                                                               
the work.   He said  this is  contrary to a  registrant's ethics,                                                               
due  diligence,  and  public   protection.    Additionally,  some                                                               
housekeeping  changes  are in  the  bill,  which were  previously                                                               
discussed  related to  three and  four-plex buildings.   Thus  AS                                                               
08.48.341  further   clarifies  some   of  these  changes.     In                                                               
conclusion, HB 167  will assist the board and  he appreciated the                                                               
committee's time and consideration.                                                                                             
                                                                                                                                
4:00:02 PM                                                                                                                    
                                                                                                                                
DALE NELSON,  Professional Engineer (PE); Civil  Engineer; Chair,                                                               
Liaison  Committee, Alaska  Professional  Design Council  (APDC),                                                               
stated he  has practiced in the  state for forty-five years.   He                                                               
spoke in support of HB 167 on behalf  of the APDC.  The APDC is a                                                               
professional group which consists  of memberships of professional                                                               
engineers,  land  surveyors,   including  American  Institute  of                                                               
Architects, and  the American  Council of  Engineering Companies.                                                               
The  APDC supports  the bill  to  ensure the  health, safety  and                                                               
welfare  of  the  public  and  to provide  the  AELS  board  with                                                               
additional tools to clarify and meet those needs.                                                                               
                                                                                                                                
CHAIR  OLSON indicated  he enjoyed  working with  the AELS  Board                                                               
since  it  promotes professionalism  and  also  since it  has  an                                                               
impact  on  public   protection.    He  thanked   the  board  and                                                               
organization for its work.                                                                                                      
                                                                                                                                
4:02:20 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON,  after first  determining  no  one else  wished  to                                                               
testify, closed public testimony on HB 167.                                                                                     
                                                                                                                                
4:02:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD moved  to report HB 167  out of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.   There being no objection,  HB 167 was reported  from the                                                               
House Labor and Commerce Standing Committee.                                                                                    
                                                                                                                                
4:02:51 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Labor and  Commerce Standing Committee  meeting was  adjourned at                                                               
4:02 p.m.                                                                                                                       

Document Name Date/Time Subjects
HB167 ver U.pdf HL&C 3/29/2013 3:15:00 PM
SL&C 3/27/2014 1:30:00 PM
HB 167
HB167 Sponsor Statement.pdf HL&C 3/29/2013 3:15:00 PM
SL&C 3/27/2014 1:30:00 PM
HB 167
HB167 Sectional Analysis.pdf HL&C 3/29/2013 3:15:00 PM
SL&C 3/27/2014 1:30:00 PM
HB 167
HB167 Fiscal Note-DCCED-CBPL-03-25-13.pdf HL&C 3/29/2013 3:15:00 PM
SL&C 3/27/2014 1:30:00 PM
HB 167
HB167 Support Document-Assorted Letters of Support.pdf HL&C 3/29/2013 3:15:00 PM
SL&C 3/27/2014 1:30:00 PM
HB 167
Memo to Clerk-members copy- Mar 29.pdf HL&C 3/29/2013 3:15:00 PM
Referral of Appointees to Boards and Commissions