Legislature(2007 - 2008)CAPITOL 17
04/07/2008 03:00 PM House LABOR & COMMERCE
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|---|---|
| Start | |
| Confirmation Hearings|| Alaska State Board of Public Accountancy|| Alcoholic Beverage Control Board|| State Board of Registration for Architects, Engineers, and Land Surveyors || Board of Barbers and Hairdressers|| Board of Chiropractic Examiners|| Board of Marine Pilots|| Board of Marital and Family Therapy|| Occupational Safety and Health Review Board|| State Physical Therapy and Occupational Therapy Board|| Board of Professional Counselors|| Board of Psychologist and Psychological Associate Examiners|| Real Estate Commission|| Regulatory Commission of Alaska (rca)|| Board of Veterinary Examiners|| Workers' Compensation Appeals Commission|| Alaska Workers' Compensation Board | |
| SB305 | |
| SB263 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 263 | TELECONFERENCED | |
| + | SB 305 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
April 7, 2008
3:07 p.m.
MEMBERS PRESENT
Representative Kurt Olson, Chair
Representative Mark Neuman, Vice Chair
Representative Carl Gatto
Representative Gabrielle LeDoux
Representative Jay Ramras
Representative Robert L. "Bob" Buch
Representative Berta Gardner
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING(S)
Alaska State Board of Public Accountancy
Max E. Mertz - Juneau
- CONFIRMATION ADVANCED
Alcoholic Beverage Control Board
Joseph DelDonno - Anchorage
Robert Klein - Anchorage
- CONFIRMATION(S) ADVANCED
State Board of Registration for Architects, Engineers, and Land
Surveyors
Clifford E. Baker - Kenai
Daniel E. Walsh - Fairbanks
- CONFIRMATION(S) ADVANCED
Board of Barbers and Hairdressers
Lorenda Britten - Fairbanks
Kelley Sherman - Wasilla
- CONFIRMATION(S) ADVANCED
Board of Chiropractic Examiners
James Heston - Homer
- CONFIRMATION ADVANCED
Board of Marine Pilots
Robert J. Arts - Anchorage
- CONFIRMATION ADVANCED
Board of Marital and Family Therapy
The Very Rev. John Downing - Eagle River
- CONFIRMATION ADVANCED
Occupational Safety and Health Review Board
James Montgomery, Jr. - Kenai
Timothy O. Sharp - Fairbanks
- CONFIRMATION(S) ADVANCED
State Physical Therapy and Occupational Therapy Board
Joyce Barnett - Anchorage
Dr. Julius S. Brecht - Anchorage
Gary W. Burleson - Anchorage
Kathleen Lind - Anchorage
- CONFIRMATION(S) ADVANCED
Board of Professional Counselors
James R. "Randy" Morton - Nome
- CONFIRMATION ADVANCED
Board of Psychologist and Psychological Associate Examiners
Camille O. "Cam" Carlson - Fairbanks
Dr. John R. DeRuyter - Fairbanks
Lisa C. Turner - Kenai
- CONFIRMATION(S) ADVANCED
Real Estate Commission
Christina E. Swires - Anchorage
- CONFIRMATION ADVANCED
Regulatory Commission of Alaska (RCA)
Robert M. "Bob" Pickett - Wasilla
- CONFIRMATION ADVANCED
Board of Veterinary Examiners
Dr. Timothy L. Bowser - Soldotna
Martin Buser - Big Lake
Dr. Cynthia A. Trout - Anchorage
- CONFIRMATION(S) ADVANCED
Workers' Compensation Appeals Commission
David Richards - Eagle River
- CONFIRMATION ADVANCED
Alaska Workers' Compensation Board
Don L. Gray - Anchorage
Howard A. Hansen - Wasilla
David Kester - Anchorage
Debra G. Norum - Fairbanks
Michael J. Notar - Juneau
Jeffrey P. Pruss - Fairbanks
David B. Robinson - Wasilla
Marc D. Stemp - Bethel
Damian J. Thomas - Fairbanks
- CONFIRMATION(S) ADVANCED
SENATE BILL NO. 305
"An Act relating to recorking, sealing, or packaging of wine
served with a meal and removal of recorked, sealed, or packaged
wine from licensed premises."
- MOVED SB 305 OUT OF COMMITTEE
CS FOR SENATE BILL NO. 263(L&C)
"An Act relating to the State Board of Registration for
Architects, Engineers, and Land Surveyors; and relating to an
exemption for persons authorized by the Department of Public
Safety who are engaged in the design of fire detection and
suppression systems from registration as architects, engineers,
land surveyors, or landscape architects."
- MOVED CSSB 263 (L&C) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
CONFIRMATION HEARING
Regulatory Commission of Alaska (RCA)
Robert M. "Bob" Pickett - Wasilla
01/31/08 (H) L&C
04/04/08 (H) L&C AT 3:00 PM CAPITOL 17
04/04/08 (H) Heard & Held
BILL: SB 263
SHORT TITLE: ARCHITECTS, ENGRS, SURVEYORS BD/EXEMPTION
SPONSOR(s): SENATOR(s) THOMAS
02/08/08 (S) READ THE FIRST TIME - REFERRALS
02/08/08 (S) L&C
03/18/08 (S) L&C AT 1:30 PM BELTZ 211
03/18/08 (S) Heard & Held
03/18/08 (S) MINUTE(L&C)
03/20/08 (S) L&C AT 1:30 PM BELTZ 211
03/20/08 (S) Moved CSSB 263(L&C) Out of Committee
03/20/08 (S) MINUTE(L&C)
03/21/08 (S) L&C RPT CS 4DP NEW TITLE
03/21/08 (S) DP: ELLIS, BUNDE, DAVIS, STEVENS
03/26/08 (S) TRANSMITTED TO (H)
03/26/08 (S) VERSION: CSSB 263(L&C)
03/27/08 (H) READ THE FIRST TIME - REFERRALS
03/27/08 (H) L&C
04/07/08 (H) L&C AT 3:00 PM CAPITOL 17
BILL: SB 305
SHORT TITLE: RECORKING WINE SERVED WITH A MEAL
SPONSOR(s): LABOR & COMMERCE
03/21/08 (S) READ THE FIRST TIME - REFERRALS
03/21/08 (S) L&C
03/25/08 (S) L&C AT 1:30 PM BELTZ 211
03/25/08 (S) Scheduled But Not Heard
03/27/08 (S) L&C AT 1:30 PM BELTZ 211
03/27/08 (S) Moved SB 305 Out of Committee
03/27/08 (S) MINUTE(L&C)
03/28/08 (S) L&C RPT 1DP 2NR
03/28/08 (S) DP: ELLIS
03/28/08 (S) NR: BUNDE, DAVIS
03/31/08 (S) TRANSMITTED TO (H)
03/31/08 (S) VERSION: SB 305
04/01/08 (H) READ THE FIRST TIME - REFERRALS
04/01/08 (H) L&C
04/07/08 (H) L&C AT 3:00 PM CAPITOL 17
WITNESS REGISTER
DANA OWEN, Staff
to Senator Johnny Ellis
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 305 on behalf of the sponsor,
the Senate Labor & Commerce Committee.
SENATOR JOE THOMAS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 263 as the sponsor of the
bill.
KELLY NICOLELLO, Assistant Fire Marshal
Division of Fire and Life Safety
Central Office
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: Answered questions on SB 263.
CRAIG FREDEEN, P.E., Mechanical Engineer
Vice-Chair
Board of Registration for Architects, Engineers, and Land
Surveyors (AELS)
Department of Commerce, Community, & Economic Development
(DCCED)
Anchorage, Alaska
POSITION STATEMENT: Testified on SB 263.
JOHN WALSH, Lobbyist
Alaska Professional Design Council (APDC)
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 263.
ACTION NARRATIVE
CHAIR KURT OLSON called the House Labor and Commerce Standing
Committee meeting to order at 3:07:26 PM. Representatives
Gatto, Buch, Gardner, Olson were present at the call to order.
Representatives LeDoux, Ramras, and Neuman arrived as the
meeting was in progress.
^CONFIRMATION HEARINGS
^Alaska State Board of Public Accountancy
^Alcoholic Beverage Control Board
^State Board of Registration for Architects, Engineers, and Land
Surveyors
^Board of Barbers and Hairdressers
^Board of Chiropractic Examiners
^Board of Marine Pilots
^Board of Marital and Family Therapy
^Occupational Safety and Health Review Board
^State Physical Therapy and Occupational Therapy Board
^Board of Professional Counselors
^Board of Psychologist and Psychological Associate Examiners
^Real Estate Commission
^Regulatory Commission of Alaska (RCA)
^Board of Veterinary Examiners
^Workers' Compensation Appeals Commission
^Alaska Workers' Compensation Board
3:07:37 PM
CHAIR OLSON announced that the first order of business would be
to take up the confirmation hearings of the various boards and
commissions.
3:07:50 PM
REPRESENTATIVE GARDNER moved to advance the confirmations, as
listed in the committee calendar, to the joint session for
consideration. She noted that each member's signature on the
committee report does not reflect the member's vote during the
joint floor session. There being no objection, the
confirmations were advanced.
SB 305-RECORKING WINE SERVED WITH A MEAL
3:08:04 PM
CHAIR OLSON announced that the next order of business would be
SENATE BILL NO. 305, "An Act relating to recorking, sealing, or
packaging of wine served with a meal and removal of recorked,
sealed, or packaged wine from licensed premises."
3:08:18 PM
DANA OWEN, Staff to Senator Johnny Ellis, Alaska State
Legislature, stated on behalf of the bill sponsor, the Senate
Labor & Commerce Committee, that SB 305 is identical to the
identical to [HB 51] that passed the House of Representatives
last year. He characterized SB 305 as a bill that addresses a
safety issue. He opined that Alaska's laws have a bias towards
overconsumption of alcohol. Under SB 305, customers can order
wine and not feel compelled to drink the entire bottle of wine
at the restaurant since the bottle can be recorked and taken
home.
3:09:25 PM
CHAIR OLSON, after first determining no one else wished to
testify, closed public testimony on SB 305.
3:09:39 PM
MR. OWEN, in response to Representative Buch, answered that the
language in SB 305 is identical to last year's bill.
REPRESENTATIVE GATTO inquired as to whether similar legislation
has been introduced in any state and failed to pass.
MR. OWEN said he not sure. He noted that 34 states have passed
similar recorking laws. In further response to Representative
Gatto, Mr. Owen answered that while it may be reasonable to
require that a partially empty wine bottle be placed in a tamper
proof bag, SB 305 would require the Alcoholic Beverage Control
Board ("ABC Board")to set by regulation a method to seal bottles
that are not corked. Thus, bottles that were originally sealed
with a cork are resealed in such a way that a mechanical device
is necessary to reopen the bottle. He offered that if the
bottle is a screw cap type bottle, the bottle would be sealed
under regulations developed by the ABC Board.
3:11:34 PM
REPRESENTATIVE GARDNER characterized SB 305 as a means to
encourage sales since the bill would encourage patrons to
purchase a higher quality of wine or perhaps purchase an
additional bottle of wine. While she said she has no objection
to SB 305, she stated that the primary objective is to sell more
wine, with a side benefit that people will not feel compelled to
drink the entire bottle of wine.
3:12:06 PM
REPRESENTATIVE GATTO agreed with Representative Gardner. He
pointed out that otherwise the proprietor might only sell one
glass of wine, but since the person can purchase the bottle and
take any remaining wine home that the proprietor can sell more
wine to customers. He inquired as to whether the sealing
process would entail a screw on cap that is tamper proof or if
the wine would be resealed with a cork.
MR. OWEN offered his understanding that a bottle not originally
sealed with a cork, would be sealed with a seal approved by the
ABC Board. He surmised that it might be sealed with a paper
seal. However, he noted that the ABC board would develop
regulations for recorking and resealing wine. He added that if
the wine bottle is sealed by a cork, it must be recorked in such
a fashion that the cork cannot be removed by hand.
3:13:33 PM
REPRESENTATIVE LEDOUX inquired as to whether a screw top bottle
could be corked as a means of resealing it.
MR. OWEN said he was not sure. He surmised that it would be
resealed in another fashion.
3:14:31 PM
REPRESENTATIVE NEUMAN inquired if someone purchases a bottle of
wine and does not consume it whether another customer could
purchase the remainder of the bottle.
MR. OWEN answered that he did not know for certain if that
arrangement could be made.
3:15:41 PM
REPRESENTATIVE LEDOUX revisited her earlier question and
inquired as to whether wine that originally had a screw top can
physically be corked or if another method must be used for those
types of bottles.
MR. OWEN answered that he wasn't sure if it could be corked. He
surmised that assuming that the cork would work that it would
meet the intent of the bill, which is to allow wine to be taken
off premises to be consumed at home.
CHAIR OLSON explained that screw top and regular wine bottles
that have the same size neck can easily be corked with a tool
designed for that purpose.
3:17:02 PM
REPRESENTATIVE NEUMAN moved to report SB 305 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, SB 305 was reported out of
committee.
The committee took an at-ease from 3:17 p.m. to 3:19 p.m.
SB 263-ARCHITECTS, ENGRS, SURVEYORS BD/EXEMPTION
3:19:32 PM
CHAIR OLSON announced that the final order of business would be
CS FOR SENATE BILL NO. 263(L&C), "An Act relating to the State
Board of Registration for Architects, Engineers, and Land
Surveyors; and relating to an exemption for persons authorized
by the Department of Public Safety who are engaged in the design
of fire detection and suppression systems from registration as
architects, engineers, land surveyors, or landscape architects."
SENATOR JOE THOMAS, Alaska State Legislature, sponsor, stated
that the Board of Registration for Architects, Engineers, and
Land Surveyors (AELS) consists of ten professional members [and
one public member.] One seat is designated to be held by a
mining engineer. However, since 22 mining engineers are
licensed in Alaska and only 14 reside in the state, SB 263 would
allow the governor to appoint a petroleum or mining engineer to
fill the seat currently designated for the mining engineer.
Senator Thomas referred to page 4, and explained this section
would add underlying language to exempt persons from licensure
that are authorized by the Department of Public Safety, Fire
Marshal's office to design fire suppression systems. This
exemption would apply to persons certified by the National
Institute for Certification in Engineering Technologies (NICET),
who are required to pass a national certification exam, and have
5 years related work experience. The State Fire Marshal's
office has long maintained the permit system for those engaged
in the design of fire detection and suppression systems. This
bill is supported by the Alaska Professional Design Council
(APDC), the AELS Board, and the DPS Division of Fire and Life
Safety, he noted.
3:22:17 PM
SENATOR THOMAS, in response to Representative Neuman, explained
that one AELS seat is designated for a mining engineer. He
reiterated that 22 mining engineers of the 5,000 AELS
registrants are licensed by the state. Of those, only 14 mining
engineers reside in Alaska. He noted that most mining engineers
reside in remote areas where mining occurs, which makes it
difficult for them to serve on the AELS Board. He offered that
expanding the option to allow petroleum or chemical engineers to
serve helps to ensure that the AELS board position can be
filled.
REPRESENTATIVE NEUMAN related his understanding that the DPS
Fire Marshal authorizes people to design fire detection and
suppression systems. He asked whether the permit holder
currently has to be licensed by the AELS board.
SENATOR THOMAS explained that the person designing the fire
detection and suppression systems has to submit to an
examination and must also possess five years of experience.
Under the bill, the applicant would submit to the NICET
examinations for the specific area in which they will work. In
further response to Representative Neuman, Senator Thomas
explained that the DPS Fire Marshal oversees the permitting
process for those that hold NICET certifications.
3:24:22 PM
REPRESENTATIVE GARDNER referred to the committee packet item
labeled, "Department of Public Safety Regulations" and noted
that a company designing fire suppression systems must employ
sufficient personnel who hold valid permits in the
classifications. She inquired as to whether that meant the
employee who holds the permit must also be employed by a
licensed engineer.
KELLY NICOLELLO, Assistant Fire Marshal, Division of Fire and
Life Safety, Central Office, Department of Public Safety (DPS),
stated that the permit is attached to the individual and not the
firm. Thus, a company would need to employ a permit holder in
order to do the design of a particular system. In further
response to Representative Gardner, Mr. Nicolello answered that
while a NICET certified permit holder could work for an
engineering firm, they are not required to do so. In fact, some
permit holders may own and operate their own companies, he
noted.
3:26:42 PM
CRAIG FREDEEN, P.E., Mechanical Engineer; Vice-Chair, Board of
Registration for Architects, Engineers, and Land Surveyors
(AELS), Department of Commerce, Community, & Economic
Development (DCCED), stated that Senator Thomas provided an
excellent overview on SB 263. He stated that the AELS Board is
very comfortable with SB 263, and has worked hard over the last
year and a half on the issues of fire contractors providing
services in Alaska. He pointed out that with respect to the
mining engineer position, that the AELS board has previously had
a vacancy and not been able to fill the position with a mining
engineer. He opined that SB 263 would allow the governor to
have more flexibility to fill the AELS Board position. Mr.
Fredeen noted that the AELS board sought statutory changes for
the fire permit holders since the AELS statutes require that
those who perform design work must be professional engineers.
The DPS Fire Marshal authorizes the fire protection contractors
to perform design work by permit, and has done so for many
years. He further stated that this statutory change helps
ensure that future AELS board members will have clear guidance
that the fire protection contractors can perform the design work
so long as they are permitted by the DPS Fire Marshal's office.
3:28:21 PM
REPRESENTATIVE GATTO referred to the title, which read: "An Act
relating to the State Board of Registration for Architects,
Engineers, and Land Surveyors; and relating to an exemption for
persons authorized..." He also related his understanding that
the bill allows 14 exemptions from the licensure for architects,
engineers, and land surveyors and asked for clarification.
MR. FREDEEN answered that the AELS statutes require that anyone
who designs a road or building needs to be a licensed architect,
engineer, or land surveyor. However, the exemptions allow for
specific circumstances when a licensed design professional is
not required, such as when a person installs their own
electrical system. In that instance, the person does not need
to have an electrical engineer to stamp the drawings.
Historically, the exemption for fire protection design has been
allowed under the current exemption for specialty contractors.
However, that exemption is broad and some abuse has arisen such
as when a plumber who holds a specialty contractor license
decides that he/she does not need to be licensed as an engineer
in order to perform any design work necessary on a project.
Since the specialty contractor's exemption is broad, the AELS
board would specifically like to identify that fire protection
contractors are exempted from licensure. Therefore, the people
who perform the design work, who are highly qualified to do so
under the NICET certification and DPS Fire Marshal's office
permit, would be exempted from licensure by SB 263.
3:30:45 PM
REPRESENTATIVE GATTO related his understanding that a commercial
building must still be designed by a registered architect or
engineer. The fire contractors would be subcontractors, he
offered. He asked for clarification whether the people
designing fire suppression systems will need to be registered.
MR. FREDEEN reiterated that the people designing the fire
suppression systems do not have to be licensed professional
engineers, but they must hold the NICET certification and permit
that authorize them to perform design work.
3:32:12 PM
JOHN WALSH, Lobbyist, Alaska Professional Design Council (APDC),
testified in support of SB 263 on behalf of the APDC. He agreed
with prior testimony that SB 263 would exempt specialty design
contractors, as approved by the DPS Fire Marshal, from the
engineering licensure requirement. He further explained that
under the bill, people performing the work under the DPS
regulatory jurisdiction are specifically exempted from the AELS
statutory requirement for licensure. He referred to proposed AS
08.48.011(c) which relates to the mining engineer board position
and allows the governor to appoint a chemical or petroleum
engineer if a qualified mining engineer is not available. He
offered that the APDC, which is a consortium of design
professional societies representing over 5,000 licensees is in
support of SB 263.
3:34:01 PM
CHAIR OLSON, after first determining no one else wished to
testify, closed public testimony on SB 263.
3:34:17 PM
REPRESENTATIVE NEUMAN related his understanding that the mining
engineering position was vacant and not able to be filled since
so few mining engineers live in Alaska. He offered his belief
that the governor should have the latitude to select from other
qualified engineers to fill the AELS board position. He
expressed concern that a 14-story building might sustain
structural damage caused by fire, but he pointed out that the
AELS Board and the DPS Fire Marshal support SB 263, so he felt
that appropriate oversight is in place. He said he thought that
SB 263 simplifies the process and allows fire contractors
already permitted by DPS to continue to perform their work.
3:35:43 PM
REPRESENTATIVE NEUMAN moved to report CSSB 263(L&C) out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSSB 263(L&C) was
reported out of the House Labor and Commerce Standing Committee.
3:36:00 PM
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
3:36 p.m.
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