Legislature(1993 - 1994)

02/16/1993 08:00 AM STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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             HOUSE STATE AFFAIRS STANDING COMMITTEE                            
                        February 16, 1993                                      
                            8:00 a.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Representative Al Vezey, Chairman                                            
  Representative Pete Kott, Vice Chairman                                      
  Representative Harley Olberg                                                 
  Representative Gary Davis                                                    
  Representative Fran Ulmer                                                    
  Representative Bettye Davis                                                  
  Representative Jerry Sanders                                                 
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  None                                                                         
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  *SCR 1:   Relating to the twenty-seventh annual Boys' State.                 
                                                                               
            MOVED OUT OF COMMITTEE WITH A DO PASS                              
            RECOMMENDATION                                                     
                                                                               
  *HB 110:  "An Act setting termination dates for various                      
            boards, commissions, councils, agencies,                           
            committees, and divisions of state government;                     
            repealing obsolete statutes relating to the State                  
            Fire Commission and the Board of Electrical                        
            Examiners; repealing obsolete statutes relating to                 
            termination of agency programs and activities;                     
            increasing to 10 years the normal maximum interval                 
            for review of boards, commissions, and other                       
            entities that are subject to sunset reviews; and                   
            providing for an effective date."                                  
                                                                               
            HELD IN COMMITTEE FOR FURTHER CONSIDERATION                        
                                                                               
  (* first public hearing)                                                     
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  Randy Welker                                                                 
  Legislative Auditor                                                          
  Legislative Audit Division                                                   
  P.O. Box 113300                                                              
  Juneau, AK  99811-3300                                                       
  465-3830                                                                     
  Position Statement: Discussed sunset provisions with regard                  
                      to HB 110                                                
                                                                               
  Kristie Leaf, Deputy Director                                                
  Boards & Commissions                                                         
  Office of the Governor                                                       
  P.O. Box 110001                                                              
  Juneau, AK  99811-0001                                                       
  465-3500                                                                     
  Position Statement: Discussed extension of licensing boards                  
                      with regard to HB 110                                    
                                                                               
  Karl Luck, Director                                                          
  Division of Occupational Licensing                                           
  Department of Commerce & Economic Development                                
  P.O. Box 110806                                                              
  Juneau, AK  99811-0806                                                       
  465-2638                                                                     
  Position Statement: Discussed licensing as related to HB 110                 
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
  BILL:  SCR 1                                                                 
  SHORT TITLE: TWENTY-SEVENTH ANNUAL BOYS' STATE                               
  BILL VERSION:                                                                
  SPONSOR(S): SENATOR(S)                                                       
  LEMAN,Phillips,Kerttula,Rieger,Pearce,Duncan,Taylor,Miller,                  
  Salo,Sharp,Zharoff,Donley,Frank,Kelly,Lincoln,Ellis;                         
  REPRESENTATIVE(S) Phillips,Therriault,Willis,Navarre,Ulmer,                  
  TITLE: Relating to the twenty-seventh annual Boys' State.                    
                                                                               
  JRN-DATE     JRN-PG               ACTION                                     
  01/22/93       118    (S)   READ THE FIRST TIME/REFERRAL(S)                  
  01/22/93       118    (S)   STATE AFFAIRS                                    
  02/03/93       219    (S)   STA RPT  4DP                                     
  02/03/93       219    (S)   ZERO FISCAL NOTE (S.STA)                         
  02/03/93              (S)   STA AT 09:00 AM BUTROVICH ROOM                   
                              205                                              
  02/03/93              (S)   MINUTE(STA)                                      
  02/04/93              (S)   RLS AT 11:00 AM FAHRENKAMP                       
                              ROOM 203                                         
  02/04/93              (S)   MINUTE(RLS)                                      
  02/08/93       283    (S)   RULES TO CALENDAR  2/8/93                        
  02/08/93       284    (S)   READ THE SECOND TIME                             
  02/08/93       284    (S)   COSPONSOR(S): KERTTULA, RIEGER,                  
                              PEARCE,                                          
  02/08/93       284    (S)   DUNCAN, TAYLOR, MILLER, SALO,                    
                              SHARP,                                           
  02/08/93       284    (S)   ZHAROFF, DONLEY, FRANK, KELLY,                   
  02/08/93       284    (S)   LINCOLN, ELLIS                                   
  02/08/93       285    (S)   PASSED Y18 N- A2                                 
  02/08/93       290    (S)   TRANSMITTED TO (H)                               
  02/10/93       281    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  02/10/93       281    (H)   STATE AFFAIRS                                    
  02/10/93       313    (H)   CROSS SPONSOR(S): G.PHILLIPS,                    
                              THERRIAULT                                       
  02/10/93       313    (H)   CROSS SPONSOR(S): WILLIS,                        
                              NAVARRE, ULMER                                   
  02/16/93              (H)   STA AT 08:00 AM CAPITOL 102                      
                                                                               
                                                                               
  BILL:  HB 110                                                                
  SHORT TITLE: BOARDS/COMMISSIONS/COUNCILS/AUTHORITIES                         
  BILL VERSION:                                                                
  SPONSOR(S): RULES BY REQUEST OF BUDGET AND AUDIT                             
  TITLE: "An Act setting termination dates for various boards,                 
  commissions, councils, agencies, committees, and divisions                   
  of state government; repealing obsolete statutes relating to                 
  the State Fire Commission and the Board of Electrical                        
  Examiners; repealing obsolete statutes relating to                           
  termination of agency programs and activities; increasing to                 
  10 years the normal maximum interval for review of boards,                   
  commissions, and other entities that are subject to sunset                   
  reviews; and providing for an effective date."                               
                                                                               
  JRN-DATE     JRN-PG               ACTION                                     
  02/01/93       198    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  02/01/93       198    (H)   STATE AFFAIRS, LABOR &                           
                              COMMERCE, FINANCE                                
  02/16/93              (H)   STA AT 08:00 AM CAPITOL 102                      
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-19, SIDE A                                                           
  Number 000                                                                   
                                                                               
  The House State Affairs Committee was called to order at                     
  8:00 a.m. on Tuesday, February 16, 1993, by Chairman Vezey                   
  and he noted a quorum was present.                                           
  SCR 1:  TWENTY-SEVENTH ANNUAL BOYS' STATE                                    
                                                                               
  CHAIRMAN AL VEZEY read the title of SCR 1 and asked if there                 
  were any comments, testimony or questions.  Hearing none, he                 
  made a MOTION to pass SCR 1 with individual recommendations.                 
  Six members signed do pass.  Representative Bettye Davis was                 
  absent at that time and did not vote.                                        
  HB 110:  BOARDS/COMMISSIONS/COUNCILS/AUTHORITIES                             
                                                                               
  Number 045                                                                   
                                                                               
  RANDY WELKER, LEGISLATIVE AUDITOR, LEGISLATIVE AUDIT                         
  DIVISION, discussed the sunset provisions and laws with the                  
  change to Alaska's law from four to ten years.  Other states                 
  reviewed their boards and commissions every eight to                         
  thirteen years, he noted.                                                    
                                                                               
  Number 106                                                                   
                                                                               
  CHAIRMAN VEZEY discussed the termination of boards and                       
  commissions and agency programs with Mr. Welker.                             
                                                                               
  Number 202                                                                   
                                                                               
  MR. WELKER spoke on the provisions in AS 44.66.050 regarding                 
  sunsets of boards and commissions.                                           
                                                                               
  Number 230                                                                   
                                                                               
  CHAIRMAN VEZEY discussed AS 44.66.050 in regards to the                      
  sunset law.  He stated concerns with the steps needed to be                  
  performed and the failure to follow them.                                    
                                                                               
  Number 242                                                                   
                                                                               
  MR. WELKER discussed AS 44.66.050 as it related to                           
  exemptions.                                                                  
                                                                               
  Number 256                                                                   
                                                                               
  CHAIRMAN VEZEY asked about boards that would be eliminated                   
  by HB 110.                                                                   
                                                                               
  Number 260                                                                   
                                                                               
  MR. WELKER said the purpose of HB 110 was not to eliminate                   
  boards or commissions but to clean up statutes.                              
                                                                               
  Number 270                                                                   
                                                                               
  CHAIRMAN VEZEY asked if AS 44.66.050 gave the legislature                    
  more authority or if it defined legislative authority.                       
                                                                               
  Number 274                                                                   
                                                                               
  MR. WELKER explained HB 110 simply defined what to expect in                 
  the sunset process.                                                          
  Number 281                                                                   
                                                                               
  CHAIRMAN VEZEY asked if there were further questions from                    
  the committee for Mr. Welker.  He said HB 111 was similar to                 
  HB 110 with regard to the sunset of 13 or 14 boards.                         
                                                                               
  Number 298                                                                   
                                                                               
  KRISTIE LEAF, DEPUTY DIRECTOR OF BOARDS AND COMMISSIONS,                     
  OFFICE OF THE GOVERNOR, discussed the extension of licensing                 
  boards.  Reference was made to sections 2 and 5 of HB 110,                   
  which changed the sunset program from four to ten years.                     
  The Governor's office did not support changing the review                    
  length, and believed four years were better than ten.  She                   
  suggested the audits be done in the last year.                               
                                                                               
  Number 356                                                                   
                                                                               
  REPRESENTATIVE GARY DAVIS did not support a 10 year cycle.                   
  He asked if the purpose of changing terms was to simplify                    
  the process and amount of activity it took to review every                   
  four years.                                                                  
                                                                               
  Number 366                                                                   
                                                                               
  MS. LEAF said the Governor was not proposing any legislation                 
  to change the four year cycle.                                               
                                                                               
  Number  376                                                                  
                                                                               
  REPRESENTATIVE ULMER referenced the Audit Report of October                  
  30, 1992, on boards and commissions which was included in                    
  the committee members packets.  Page 11, paragraph 2 of that                 
  report stated the average for a review was eight years.  Due                 
  to the work and cost involved, it would be more efficient to                 
  change, she believed.  By having the terms staggered, less                   
  auditors would be needed to do the review, she said.                         
                                                                               
  Number 398                                                                   
                                                                               
  MS. LEAF discussed research comparing review terms of other                  
  states.  Alaska had less boards because many were merged                     
  together, she alleged.                                                       
                                                                               
  Number 423                                                                   
                                                                               
  REPRESENTATIVE OLBERG stated reviews could be done at any                    
  time, and the legislature could eliminate Boards and                         
  Commissions whenever it chose to do so.                                      
                                                                               
  Number 432                                                                   
                                                                               
  MS. LEAF said there were 150 boards in the state, 40 of                      
  which fell under the sunset.  Many exist yet were not                        
  funded, she noted.  The legislature could call for a review                  
  at any time but that was not something that had been used.                   
  The sunset process brought the board to the legislature's                    
  attention so that a conscious decision to keep it had to be                  
  made.                                                                        
                                                                               
  Number 458                                                                   
                                                                               
  CHAIRMAN VEZEY said it was positive to confirm instead of                    
  bringing up a board due to dissatisfaction.                                  
  HB 111:  BOARDS/COMMISSIONS/COUNCILS/AUTHORITIES                             
                                                                               
  Number 465                                                                   
                                                                               
  REPRESENTATIVE ULMER asked about the elimination of boards                   
  in HB 111.                                                                   
                                                                               
  MS. LEAF said HB 111 had been recommended by the governors'                  
  task force.                                                                  
                                                                               
  Number 475                                                                   
                                                                               
  REPRESENTATIVE ULMER requested a list of those not active on                 
  page 13 of the Audit Report of October 30, 1992, compared                    
  with those in HB 111.                                                        
                                                                               
  Number 485                                                                   
                                                                               
  KARL LUCK, DIRECTOR, DIVISION OF OCCUPATIONAL LICENSING,                     
  DEPARTMENT OF COMMERCE & ECONOMIC DEVELOPMENT (DCED), said                   
  HB 110 would not have a large impact on the DCED.  He                        
  discussed the Board of Electrical Examiners, which was                       
  allowed to sunset.  This caused a chaos in the industry, and                 
  the DCED was unable to renew licenses, he disclosed.                         
                                                                               
  Number 525                                                                   
                                                                               
  CHAIRMAN VEZEY said the Department of Labor (DOL) and the                    
  DCED took no action, but instead, allowed the board to                       
  sunset.  He also said there was an attorney general's                        
  opinion.                                                                     
                                                                               
  Number 533                                                                   
                                                                               
  MR. LUCK said the licensing function was not transferred so                  
  no licensing function was able to take place.                                
                                                                               
  Number 548                                                                   
                                                                               
  REPRESENTATIVE G. DAVIS asked about legislation regarding                    
  examiners by the DOL.                                                        
                                                                               
  Number 554                                                                   
                                                                               
  MR. LUCK said there was a differing of opinion regarding                     
  whether licensing duties should reside in the DCED's                         
  Division of Occupational Licensing or the DOL.  The use of                   
  electrical administrators as inspectors was debatable                        
  because if they were owners of electrical companies they                     
  would have to inspect themselves, he noted.                                  
                                                                               
  Number 579                                                                   
                                                                               
  CHAIRMAN VEZEY asked for clarification regarding the legal                   
  authority of the DOL for inspection.                                         
                                                                               
  Number 589                                                                   
                                                                               
  MR. LUCK said the DOL had authority to hire an individual to                 
  inspect and to charge a fee for the inspection, as well as                   
  authority to license electrical administrators.  The DOL                     
  might also file a complaint against an electrical                            
  administrator's license.  Reference was made to AS                           
  08.40.175.  This section would not be repealed, he said.                     
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  Number 621                                                                   
                                                                               
  CHAIRMAN VEZEY asked Mr. Luck for a position paper from the                  
  DOL on HB 110.  He said the House State Affairs' committee                   
  aide would cross reference HB 111 with HB 110 and report                     
  back to the committee.  He then adjourned the meeting at                     
  8:43 a.m.                                                                    

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