Legislature(1993 - 1994)

04/20/1993 08:00 AM STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
             HOUSE STATE AFFAIRS STANDING COMMITTEE                            
                         April 20, 1993                                        
                            8:00 a.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Representative Al Vezey, Chair                                               
  Representative Pete Kott, Vice Chair                                         
  Representative Harley Olberg                                                 
  Representative Jerry Sanders                                                 
  Representative Gary Davis                                                    
  Representative Fran Ulmer                                                    
  Representative Bettye Davis                                                  
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  None                                                                         
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  HB 249:   "An Act relating to persons whose occupations                      
            involve electrical or mechanical equipment and                     
            systems; and providing for an effective date."                     
                                                                               
            CS MOVED FROM COMMITTEE WITH DO PASS                               
            RECOMMENDATION                                                     
                                                                               
  SB 85:    "An Act deleting a requirement that certain                        
            members of the board of directors of the Alaska                    
            Tourism Marketing council be substantially                         
            involved in a visitor or recreation industry                       
            business; relating to the selection of a presiding                 
            officer for the Alaska Tourism Marketing Council;                  
            requiring that the council's tourism marketing                     
            program include promotion of the state as a                        
            destination and promotion of all forms of travel                   
            to the state, including travel by air, highway and                 
            water; extending the termination date of the                       
            Alaska Tourism Marketing Council; requiring the                    
            council to consider methods to fund tourism                        
            marketing using both public and private assets and                 
            to consider methods to provide for the financial                   
            self-sufficiency of the council; and providing for                 
            an effective date."                                                
                                                                               
            MOVED FROM COMMITTEE WITH DO PASS RECOMMENDATION                   
                                                                               
  SB 174:   "An Act exempting certain taxicab operators from                   
            coverage under the Alaska Wage and Hour Act, the                   
            Alaska Employment Security Act, and the Alaska                     
            Workers' Compensation Act; and providing for an                    
            effective date."                                                   
                                                                               
            MOVED FROM COMMITTEE WITH DO PASS RECOMMENDATION                   
                                                                               
  HB 209:   "An Act relating to community health aide grants."                 
                                                                               
            MOVED FROM COMMITTEE WITH DO PASS RECOMMENDATION                   
                                                                               
  *HB 280:  "An Act adopting the Uniform Custodial Trust Act."                 
                                                                               
            MOVED FROM COMMITTEE WITH DO PASS RECOMMENDATION                   
  WITNESS REGISTER                                                             
                                                                               
  DEBORAH ERICKSON                                                             
  Department of Social Services                                                
  Division of Public Health                                                    
  P.O. Box 110610                                                              
  Juneau, Alaska  99811-1106                                                   
  465-3090                                                                     
  Position Statement: Supported HB 209                                         
                                                                               
  JOSH FINK, Legislative Aide                                                  
  Senator Tim Kelly                                                            
  Alaska State Legislature                                                     
  Room 101, State Capitol                                                      
  Juneau, Alaska 99801-1182                                                    
  465-3822                                                                     
  Position Statement: Delivered sponsor statement of                           
                      CSSB 174(L&C)am                                          
                                                                               
  KAREN CHASSE                                                                 
  Anchorage Taxicab Permit Owners Association                                  
  2641 Lyvoma Lane                                                             
  Anchorage, Alaska  99502                                                     
  243-7080                                                                     
  Position Statement: Supported CSSB 174(L&C)am                                
                                                                               
  REGINA DOYLE, Dispatch Manager                                               
  Yellow Cab Company                                                           
  3647 East 65th Street                                                        
  Anchorage, Alaska  99507                                                     
  349-8723                                                                     
  Position Statement: Supported CSSB 174(L&C)am                                
                                                                               
  REPRESENTATIVE GARY DAVIS                                                    
  Alaska State Legislature                                                     
  Room 15, State Capitol                                                       
  Juneau, Alaska 99801-1182                                                    
  465-2693                                                                     
  Position Statement: Prime Sponsor of SSHB 249                                
                                                                               
  CHARLES MAHLEN, Commissioner                                                 
  Department of Labor                                                          
  P.O. Box 21149                                                               
  Juneau, Alaska 99801-1149                                                    
  465-2700                                                                     
  Position Statement: Supported SSHB 249                                       
                                                                               
  JIM WHITE, President                                                         
  Southeast Mechanical Contractors                                             
  8221 Cedar Street                                                            
  Juneau, Alaska 99801                                                         
  789-7406                                                                     
  Position Statement: Supported SSHB 249, Opposed CSHB 249                     
                                                                               
  GLENN CAVE, President                                                        
  Cave Electrical Contractors                                                  
  9421 Glacier Highway                                                         
  Juneau, Alaska 99801                                                         
  789-2274                                                                     
  Position Statement: Supported SSHB 249                                       
                                                                               
  GEORGE MCCOY                                                                 
  2201 Bowig Drive                                                             
  Anchorage, Alaska 99501                                                      
  563-0803                                                                     
  Position Statement: Supported CSHB 249, suggested amendments                 
                                                                               
  GARY TRIEWEILER                                                              
  P.O. Box 2905                                                                
  Homer, Alaska 99603                                                          
  235-6977                                                                     
  Position Statement: Supported either form of HB 249                          
                                                                               
  CHARLES METZ                                                                 
  P.O. Box 83487                                                               
  Fairbanks, Alaska  99807                                                     
  479-5853                                                                     
  Position Statement: Supported SSHB 249                                       
                                                                               
  DENNIS ERICKSON                                                              
  P.O. Box 516                                                                 
  Ward Cove, Alaska  99928                                                     
  247-8167                                                                     
  Position Statement: Supported SSHB 249                                       
                                                                               
  WILL JAHRIG                                                                  
  P.O. Box 51                                                                  
  Kenai, Alaska  99669                                                         
  262-4262                                                                     
  Position Statement: Supported SSHB 249                                       
                                                                               
  SANDY HUSS                                                                   
  City of Kotzebue                                                             
  Kotzebue, Alaska  99752                                                      
  Position Statement: Supported CSHB 249                                       
                                                                               
  FRED MOODY                                                                   
  P.O. Box 298                                                                 
  Nome, Alaska 99762                                                           
  443-2380                                                                     
  Position Statement: Supported either form of HB 249                          
                                                                               
  DENNIS LEWIS                                                                 
  P.O. Box 329                                                                 
  Petersburg, Alaska  93833                                                    
  772-4203                                                                     
  Position Statement: Supported either form of HB 249                          
                                                                               
  JOHN LITTLEFIELD                                                             
  P.O. Box 2212                                                                
  Sitka, Alaska  99835                                                         
  747-6866                                                                     
  Position Statement: Supported CSHB 249                                       
                                                                               
  GLEN MARUNDE                                                                 
  P.O. Box 192                                                                 
  Tok, Alaska  99780                                                           
  883-4601                                                                     
  Position Statement: Supported either form of HB 249                          
                                                                               
  DAN COFFEY                                                                   
  P.O. Box 1212                                                                
  Valdez, Alaska  99686                                                        
  835-5533                                                                     
  Position Statement: Supported SSHB 249, opposed CSHB 249                     
                                                                               
  KAREN BRAND, Legislative Aide                                                
  Representative Carl Moses                                                    
  Alaska State Legislature                                                     
  Room 204, State Capitol                                                      
  Juneau, Alaska  99801-1182                                                   
  465-4451                                                                     
  Position Statement: Delivered sponsor statement on HB 280                    
                                                                               
  ART PETERSON                                                                 
  Alaska Uniform Law Commissioner                                              
  One Sealaska Plaza, Suite 202                                                
  Juneau, Alaska  99801                                                        
  586-4000                                                                     
  Position Statement: Supported HB 280                                         
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
  BILL:  HB 249                                                                
  SHORT TITLE: ELECTRICAL/MECHANICAL TRADESPERSONS                             
  BILL VERSION: SSHB 249                                                       
  SPONSOR(S): REPRESENTATIVE(S) G.DAVIS                                        
                                                                               
  TITLE: "An Act relating to persons whose occupations involve                 
  electrical or mechanical equipment and systems; and                          
  providing for an effective date."                                            
                                                                               
  JRN-DATE     JRN-PG               ACTION                                     
  03/22/93       733    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  03/22/93       733    (H)   LABOR & COMMERCE,STATE                           
                              AFFAIRS,JUDICIARY                                
  03/30/93       853    (H)   SPONSOR SUBSTITUTE INTRODUCED-                   
                              REFERRALS                                        
  03/30/93       853    (H)   L&C, STATE AFFAIRS, JUDICIARY                    
  03/30/93              (H)   L&C AT 03:00 PM CAPITOL 17                       
  03/30/93              (H)   MINUTE(L&C)                                      
  03/31/93       873    (H)   L&C RPT  5DP  1NR                                
  03/31/93       873    (H)   DP: SITTON,MACKIE,MULDER,                        
                              WILLIAMS,HUDSON                                  
  03/31/93       873    (H)   NR: PORTER                                       
  03/31/93       873    (H)   -FISCAL NOTE  (LABOR)  3/31/93                   
  04/19/93      1324    (H)   JUD REFERRAL WAIVED                              
  04/20/93              (H)   STA AT 08:00 AM CAPITOL 102                      
                                                                               
                                                                               
  BILL:  SB  85                                                                
  SHORT TITLE: TOURISM MARKETING COUNCIL                                       
  BILL VERSION: CSSB 85(FIN) AM                                                
  SPONSOR(S): LABOR & COMMERCE                                                 
                                                                               
  TITLE: "An Act deleting a requirement that certain members                   
  of the board of directors of the Alaska Tourism Marketing                    
  Council be substantially involved in a visitor or recreation                 
  industry business; relating to the selection of a presiding                  
  officer for the Alaska Tourism Marketing Council; requiring                  
  that the council's tourism marketing program include                         
  promotion of the state as a destination and promotion of all                 
  forms of travel to the state, including travel by air,                       
  highway, and water; extending the termination date of the                    
  Alaska Tourism Marketing Council; requiring the council to                   
  consider methods to fund tourism marketing using both public                 
  and private assets and to consider methods to provide for                    
  the financial self-sufficiency of the council; and providing                 
  for an effective date."                                                      
                                                                               
  JRN-DATE     JRN-PG               ACTION                                     
  02/01/93       204    (S)   READ THE FIRST TIME/REFERRAL(S)                  
  02/01/93       205    (S)   LABOR & COMMERCE, THEN FINANCE                   
  02/09/93              (S)   L&C AT 01:30 PM BELTZ ROOM 211                   
  02/09/93              (S)   MINUTE(L&C)                                      
  02/10/93       314    (S)   L&C RPT  CS  4DP 1NR  NEW TITLE                  
  02/10/93       314    (S)   FISCAL NOTE TO SB & CS (DCED)                    
  03/25/93              (S)   FIN AT 09:00 AM SENATE FIN 518                   
  04/06/93              (S)   FIN AT 08:00 AM SENATE FIN 518                   
  04/06/93      1123    (S)   FIN RPT  CS  5DP 1DNP                            
                              NEW TITLE                                        
  04/06/93      1123    (S)   ZERO FISCAL NOTE TO CS (DCED)                    
  04/08/93      1269    (S)   RULES TO CALENDAR  4/8/93                        
  04/08/93      1269    (S)   READ THE SECOND TIME                             
  04/08/93      1269    (S)   FIN  CS ADOPTED UNAN CONSENT                     
  04/08/93      1269    (S)   AM NO  1     MOVED BY ADAMS                      
  04/08/93      1270    (S)   AM NO  1     ADOPTED Y11 N9                      
  04/08/93      1277    (S)   ADVANCED TO THIRD READING                        
                              UNAN CONSENT                                     
  04/08/93      1277    (S)   READ THE THIRD TIME                              
                              CSSB 85(FIN) AM                                  
  04/08/93      1278    (S)   PASSED Y16 N3 E1                                 
  04/08/93      1278    (S)   EFFECTIVE DATE VOTE SAME AS                      
                              PASSAGE                                          
  04/08/93      1283    (S)   TRANSMITTED TO (H)                               
  04/08/93      1135    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  04/08/93      1135    (H)   STATE AFFAIRS, FINANCE                           
  04/20/93              (H)   STA AT 08:00 AM CAPITOL 102                      
                                                                               
                                                                               
  BILL:  SB 174                                                                
  SHORT TITLE: EXEMPTING CAB DRIVERS FROM EMPLOYMENT LAW                       
  BILL VERSION: CSSB 174(L&C) AM                                               
  SPONSOR(S): SENATOR(S) KELLY,Taylor,Pearce                                   
                                                                               
  TITLE: "An Act exempting certain taxicab operators from                      
  coverage under the Alaska Wage and Hour Act, the Alaska                      
  Employment Security Act, and the Alaska Workers'                             
  Compensation Act; and providing for an effective date."                      
                                                                               
  JRN-DATE     JRN-PG               ACTION                                     
  03/25/93       946    (S)   READ THE FIRST TIME/REFERRAL(S)                  
  03/25/93       946    (S)   LABOR & COMMERCE                                 
  03/30/93              (S)   L&C AT 01:30 PM FAHRENKAMP                       
                              ROOM 203                                         
  04/01/93              (S)   L&C AT 01:30 PM FAHRENKAMP                       
                              ROOM 203                                         
  04/01/93      1039    (S)   L&C RPT  CS  3DP 1NR                             
                              NEW TITLE                                        
  04/01/93      1039    (S)   ZERO FISCAL NOTE TO SB & CS                      
                              (LABOR)                                          
  04/15/93      1406    (S)   RULES TO CALENDAR  4/15/93                       
  04/15/93      1409    (S)   READ THE SECOND TIME                             
  04/15/93      1409    (S)   L&C  CS ADOPTED UNAN CONSENT                     
  04/15/93      1410    (S)   ADVANCE TO 3RD RDG FAILED Y11 N9                 
  04/15/93      1410    (S)   THIRD READING 4/16 CALENDAR                      
  04/16/93      1444    (S)   READ THE THIRD TIME                              
                              CSSB 174(L&C)                                    
  04/16/93      1444    (S)   MOTION TO RET TO 2ND FOR AM                      
                              1 WITHDRAWN                                      
  04/16/93      1445    (S)   RETURN TO SECOND FOR AM 2                        
                              UNAN CONSENT                                     
  04/16/93      1445    (S)   AM NO  2  ADOPTED UNAN CONSENT                   
  04/16/93      1446    (S)   PASSED Y20 N-                                    
  04/16/93      1446    (S)   EFFECTIVE DATE VOTE SAME AS                      
                              PASSAGE                                          
  04/16/93      1446    (S)   COSPONSOR(S):  PEARCE                            
  04/16/93      1453    (S)   TRANSMITTED TO (H)                               
  04/19/93      1314    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  04/19/93      1314    (H)   STATE AFFAIRS                                    
  04/20/93              (H)   STA AT 08:00 AM CAPITOL 102                      
                                                                               
  BILL:  HB 209                                                                
  SHORT TITLE: COMMUNITY HEALTH AIDE GRANTS                                    
  BILL VERSION:                                                                
  SPONSOR(S): HEALTH, EDUCATION AND SOCIAL SERVICES                            
                                                                               
  TITLE: "An Act relating to community health aide grants."                    
                                                                               
  JRN-DATE     JRN-PG               ACTION                                     
  03/10/93       590    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  03/10/93       590    (H)   CRA, STATE AFFAIRS, HES, FINANCE                 
  04/01/93              (H)   CRA AT 01:00 PM CAPITOL 124                      
  04/06/93              (H)   MINUTE(CRA)                                      
  04/07/93      1064    (H)   CRA RPT  6DP                                     
  04/07/93      1064    (H)   DP: TOOHEY, WILLIAMS, WILLIS,                    
                              DAVIES                                           
  04/07/93      1064    (H)   DP: SANDERS, OLBERG                              
  04/07/93      1064    (H)   -ZERO FISCAL NOTE (DHSS) 4/7/93                  
  04/19/93      1324    (H)   HES REFERRAL WAIVED                              
  04/20/93              (H)   STA AT 08:00 AM CAPITOL 102                      
                                                                               
                                                                               
  BILL:  HB 280                                                                
  SHORT TITLE: UNIFORM CUSTODIAL TRUST ACT                                     
  BILL VERSION:                                                                
  SPONSOR(S): RULES                                                            
                                                                               
  TITLE: "An Act adopting the Uniform Custodial Trust Act."                    
                                                                               
  JRN-DATE     JRN-PG               ACTION                                     
  04/08/93      1110    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  04/08/93      1111    (H)   STATE AFFAIRS, JUDICIARY                         
  04/20/93              (H)   STA AT 08:00 AM CAPITOL 102                      
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-42, SIDE A                                                           
  Number 000                                                                   
                                                                               
  CHAIRMAN AL VEZEY called the House State Affairs Committee                   
  to order at 8:02 on April 20, 1993.  Members present were                    
  Representatives Pete Kott, Harley Olberg, Bettye Davis, Gary                 
  Davis, Fran Ulmer and Jerry Sanders, representing a quorum.                  
  HB 209    COMMUNITY HEALTH AIDE GRANTS                                       
                                                                               
  Number 019                                                                   
                                                                               
  CHAIRMAN VEZEY read the title to HB 209 and noted its                        
  introduction by the House Health, Education and Social                       
  Services Committee, and called for testimony.                                
                                                                               
  Number 031                                                                   
                                                                               
  DEBORAH ERICKSON, DEPARTMENT OF HEALTH AND SOCIAL SERVICES,                  
  DIVISION OF PUBLIC HEALTH, joined the committee to express                   
  the department's support for HB 209.  She noted the state                    
  had been providing funds for the Alaska Native Health Board                  
  for years in order to provide money for non-profit Native                    
  health aides.  She stated the money was specifically                         
  provided for supervision and training of health aides, and                   
  the state was providing only about ten percent of the total                  
  funding.  She noted there was no need for legislation until                  
  two larger sized Native groups splintered away from the                      
  Alaska Native Health Board, which meant that funding could                   
  not be provided those groups.  She said Alaska might be                      
  subject to lawsuits unless funding for those groups was                      
  provided, which HB 209 provided for.                                         
                                                                               
  Number 104                                                                   
                                                                               
  CHAIRMAN VEZEY noted that under the statute, grants to                       
  qualified health organizations were not limited to those                     
  grandfathered in, but the $8,000 grants seemed to be                         
  available to everyone.                                                       
                                                                               
  Number 120                                                                   
                                                                               
  MS. ERICKSON stated in the definition of each health                         
  organization the statute allows health care organizations                    
  receiving aid in 1984 to receive funding, and it is not a                    
  problem for local organizations, but rather the regional                     
  corporations.                                                                
                                                                               
  Number 135                                                                   
                                                                               
  CHAIRMAN VEZEY stated he had a problem with the term                         
  "entitled" in the statute.  He wondered if it bothered the                   
  department that the state is obligated to pay an entitled                    
  fund.                                                                        
                                                                               
  Number 143                                                                   
                                                                               
  MS. ERICKSON stated there is a provision in the statute that                 
  limits the funds to the appropriation list in the original                   
  list.                                                                        
                                                                               
  Number 152                                                                   
                                                                               
  CHAIRMAN VEZEY asked, if the statute allowed almost anyone                   
  to claim the aid, why not just eliminate the law and open it                 
  up completely?                                                               
                                                                               
  Number 155                                                                   
                                                                               
  MS. ERICKSON stated the law provides controls for                            
  eligibility that should be kept, and it also provides                        
  guidelines and definitions on what state funds can be used                   
  for.  One concern is that the organizations taking funds do                  
  not use the funds for salaries, only for training and                        
  supervision.  That way, the state's liability is limited.                    
                                                                               
  Number 176                                                                   
                                                                               
  CHAIRMAN VEZEY asked what the state gained by limiting the                   
  funds to groups contracting to Indian Health Service groups                  
  from 1984, but no new groups.                                                
                                                                               
  Number 185                                                                   
                                                                               
  MS. ERICKSON stated it really does not limit the entry to                    
  the program.  She said most of the state was covered by one                  
  central organization at one time, which would allow it to                    
  enter the program anyway.                                                    
                                                                               
  Number 201                                                                   
                                                                               
  REPRESENTATIVE FRAN ULMER moved passage of HB 209 from House                 
  State Affairs.                                                               
                                                                               
  Number 217                                                                   
                                                                               
  House Bill 209 was moved from House State Affairs by a 7-0                   
  vote.                                                                        
  CSSB 85(FIN)am   TOURISM MARKETING COUNCIL                                   
                                                                               
  Number 224                                                                   
                                                                               
  CHAIRMAN VEZEY read the title to CSSB 85(FIN)am and noted                    
  the committee heard testimony on its House counterpart the                   
  previous Saturday.  He asked the committee's pleasure.                       
                                                                               
  Number 238                                                                   
                                                                               
  REPRESENTATIVE ULMER moved passage of CSSB 85(FIN)am.  There                 
  were no objections.                                                          
  CSSB 174(L&C)am  EXEMPTING CAB DRIVERS FROM EMPLOYMENT LAW                   
                                                                               
  Number 246                                                                   
                                                                               
  CHAIRMAN VEZEY then read the title to CSSB 174(L&C)am and                    
  called for a sponsor statement.                                              
                                                                               
  Number 254                                                                   
                                                                               
  JOSH FINK, AIDE TO SENATOR TIM KELLY, joined the committee                   
  to deliver the sponsor statement.  He noted Chairman Vezey                   
  introduced the House version of SB 174, and stated they were                 
  almost identical.  He stated CSSB 174(L&C)am simply                          
  maintains the status quo, which gives drivers the right to                   
  collect their pay directly from customers while paying a                     
  flat fee to a dispatch service.  He said CSSB 174(L&C)am                     
  also allows exemptions of taxicab operators from various                     
  state employment acts, and enjoys widespread support from                    
  both operators and dispatchers across the state.                             
                                                                               
  CHAIRMAN VEZEY noted the reason behind CSSB 174(L&C)am was a                 
  1992 court decision.                                                         
                                                                               
  MR. FINK expressed his agreement, and noted that the                         
  Department of Labor is currently working to change its                       
  regulations after the decision.                                              
                                                                               
  Number 295                                                                   
                                                                               
  KAREN CHASSE, ANCHORAGE TAXICAB PERMIT OWNERS ASSOCIATION,                   
  joined the committee to testify in favor of CSSB 174(L&C)am.                 
  She stated operators have for years gone into business for                   
  themselves, knowing in advance they would not receive the                    
  benefits outlined in state employment acts.  In exchange for                 
  that, they remain independent businessmen able to determine                  
  their own hours and decide their own economic fate.  She                     
  said the Department of Labor is actively trying to take that                 
  status away from drivers by classifying them as employees,                   
  while making dispatchers employers.  She stated the industry                 
  and customers would both lose if that change is made.                        
                                                                               
  Number 372                                                                   
                                                                               
  REGINA DOYLE, DISPATCH MANAGER FOR YELLOW CAB, joined the                    
  committee to support CSSB 174(L&C)am.  She echoed many of                    
  Ms. Chasse's remarks, and stated CSSB 174(L&C)am simply put                  
  the status quo into statute before independent status might                  
  be taken from drivers.                                                       
                                                                               
                                                                               
  REPRESENTATIVE ULMER moved passage of CSSB 174(L&C)am.                       
  There were no objections.                                                    
  SSHB 249  ELECTRICAL/MECHANICAL TRADESPERSONS                                
                                                                               
  Number 403                                                                   
                                                                               
  CHAIRMAN VEZEY read the title to SSHB 249 and noted a                        
  committee substitute (CS) had been drawn up.  He entertained                 
  a motion to adopt the new version for purposes of                            
  discussion.                                                                  
                                                                               
  Number 418                                                                   
                                                                               
  REPRESENTATIVE OLBERG moved for adoption of CSHB 249(STA)                    
  for purposes of discussion.  There were no objections.                       
                                                                               
  Number 422                                                                   
                                                                               
  REPRESENTATIVE ULMER asked what the differences were between                 
  SSHB 249 and CSHB 249(STA).                                                  
                                                                               
  Number 425                                                                   
                                                                               
  CHAIRMAN VEZEY stated CSHB 249(STA) reconstituted the Board                  
  of Electrical Examiners and the Board of Mechanical                          
  Examiners and placed them under the Department of Commerce,                  
  while SSHB 249 would have placed that responsibility under                   
  the Department of Labor.                                                     
                                                                               
  Number 432                                                                   
                                                                               
  REPRESENTATIVE GARY DAVIS, PRIME SPONSOR OF HB 249, stated                   
  he felt any version of the bill was necessary to provide for                 
  the health, welfare and safety of Alaskans statewide.  He                    
  noted the sunsetting of both the electrical and mechanical                   
  examiners boards, and stated not rebuilding a mechanism to                   
  certify licenses of electrical and mechanical administrators                 
  could put the state into a position of liability.  He said                   
  he preferred SSHB 249 to CSHB 249(STA), but because of the                   
  urgency of the need, would accept the CS.                                    
                                                                               
  Number 459                                                                   
                                                                               
  CHARLES MAHLEN, COMMISSIONER, DEPARTMENT OF LABOR, testified                 
  in favor of SSHB 249 and in opposition to CSHB 249(STA),                     
  saying there was a studied need to transfer responsibility                   
  of the electrical and mechanical administrators to Labor                     
  because of enforcement problems in the Commerce Department.                  
  He stated HB 249 was created after the Attorney General                      
  noted the need to draw up new administrative and enforcement                 
  practices.  He said the idea behind the original version of                  
  HB 249 was to streamline the administrative, license and                     
  training problems behind the electrical and mechanical                       
  administrators positions.  He also stated that putting the                   
  licenses back under the Commerce Department would recreate                   
  the enforcement problems first cited by the Attorney                         
  General.                                                                     
                                                                               
  Number 507                                                                   
                                                                               
  CHAIRMAN VEZEY asked how the enforcement would be different.                 
                                                                               
  Number 509                                                                   
                                                                               
  COMMISSIONER MAHLEN stated the penalty under the later                       
  version was only $300, which would amount to nothing for                     
  people working on major projects.                                            
                                                                               
  Number 518                                                                   
                                                                               
  CHAIRMAN VEZEY stated the original statute provided for only                 
  a $300 fine, with the possibility of injunctive relief in                    
  court.  He asked if the commissioner would advocate a larger                 
  fine.                                                                        
                                                                               
  Number 531                                                                   
                                                                               
  COMMISSIONER MAHLEN stated he felt the administrator should                  
  also be responsible for all project work and that the jail                   
  time previously included should also be written in.                          
                                                                               
  Number 541                                                                   
                                                                               
  CHAIRMAN VEZEY told the commissioner he felt he didn't get                   
  an answer to his question, and restated it as to whether the                 
  statutory fine should be adjusted, and if so, to what level.                 
                                                                               
  Number 545                                                                   
                                                                               
  COMMISSIONER MAHLEN stated he felt the injunctive relief                     
  should cover the damages, but restated his wish to see jail                  
  time included.                                                               
                                                                               
  Number 552                                                                   
                                                                               
  REPRESENTATIVE ULMER reminded the Chairman of an auto bill                   
  the House took up in which the statute gave the court the                    
  right to determine the severity of the penalty depending on                  
  the offense.  She suggested the court ought to be given the                  
  same latitude depending on the size of the job under the                     
  administrators purview.                                                      
                                                                               
  Number 568                                                                   
                                                                               
  CHAIRMAN VEZEY noted a previous version set out penalties of                 
  up to 60 days in jail, and stated he felt a jail term was                    
  inappropriate for this type of economic crime.                               
                                                                               
  Number 571                                                                   
                                                                               
  COMMISSIONER MAHLEN stated he felt the penalties were                        
  immaterial unless enforcement was returned to Labor, as                      
  opposed to Commerce.                                                         
                                                                               
  Number 587                                                                   
                                                                               
  CHAIRMAN VEZEY asked the commissioner to return to the topic                 
  of the penalties themselves, and asked if the commissioner                   
  would favor a sliding scale system proposed by                               
  Representative Ulmer.                                                        
                                                                               
  Number 591                                                                   
                                                                               
  COMMISSIONER MAHLEN said he could go along with penalties                    
  being meted out on basis of the scale of the job.                            
                                                                               
  Number 598                                                                   
                                                                               
  JIM WHITE, PRESIDENT OF SOUTHEAST MECHANICAL CONTRACTORS,                    
  testified in favor of some form of HB 249, but stated he had                 
  several problems with CSHB 249(STA).  He said he opposed the                 
  provision stating any job lasting over 24 hours must be                      
  inspected personally by an electrical administrator.  He                     
  stated in outlying areas jobs may last more than 24 hours                    
  for a variety of reasons, none of which would require a                      
  personal inspection.  He stated requiring one would cost the                 
  industry and consumers unfairly.                                             
                                                                               
  Number 620                                                                   
                                                                               
  CHAIRMAN VEZEY agreed, saying he felt the provision should                   
  also be addressed.                                                           
                                                                               
  Number 627                                                                   
                                                                               
  REPRESENTATIVE BETTYE DAVIS asked what Mr. White thought of                  
  CSHB 249(STA).                                                               
                                                                               
  Number 630                                                                   
                                                                               
  MR. WHITE responded he did not like the CS, stating he felt                  
  going back to the previous system, as CSHB 249(STA) did,                     
  would be a step backward.  He stated there was a need for                    
  consistency, which putting the entire process under Labor                    
  would do, and would make the system more efficient and                       
  better enforced.  He noted that Commerce had little real                     
  enforcement power in the field, and putting enforcement into                 
  the department that administered the program would be                        
  better.                                                                      
                                                                               
  Number 656                                                                   
                                                                               
  GLEN CAVE, PRESIDENT OF CAVE ELECTRICAL CONTRACTORS,                         
  testified in opposition of CSHB 249(STA).  He stated putting                 
  electrical administrators in the field was better than                       
  placing them in a bureaucracy.  He said building a new                       
  bureaucracy under Labor was a mistake and he favored                         
  returning to the board system.                                               
                                                                               
  Number 675                                                                   
                                                                               
  REPRESENTATIVE B. DAVIS asked if Mr. Cave could support CSHB
  249(STA).                                                                    
                                                                               
  Number 680                                                                   
                                                                               
  MR. CAVE said he supported the original bill (SSHB 249), but                 
  he had problems with the criminal penalties that were to be                  
  enforced.  He stated it was best to allow problems to be                     
  worked out between contractors and customers before allowing                 
  the courts to become involved.  He also opposed the                          
  licensing exemption for professional engineers.                              
                                                                               
  TAPE 93-43, SIDE B                                                           
  Number 020                                                                   
                                                                               
  REPRESENTATIVE G. DAVIS asked why Mr. Cave opposed the                       
  exemption for professional engineers.                                        
                                                                               
  MR. CAVE stated that while professional engineers had                        
  extensive schooling, they should be required to take the                     
  test because of the broad area covered in practical                          
  electrical work.  He also said exempting engineers from the                  
  licensing provision did not take into account the                            
  possibility of a lack of experience in the person.                           
                                                                               
  GEORGE MCCOY, A FORMER MEMBER OF THE BOARD OF ELECTRICAL                     
  EXAMINERS, testified by teleconference from Anchorage in                     
  favor of CSHB 249(STA).  He stated there was a greater need                  
  for renewal of electrical administrators' licenses than ever                 
  before because of the increasing population and because of                   
  the changes in technology.  He opposed the 24 hour personal                  
  inspection requirement, stating such a requirement would                     
  place a financial burden on the industry and the customer.                   
                                                                               
  Number 129                                                                   
                                                                               
  GARY TRIEWEILER testified by teleconference from Homer in                    
  favor of either version of HB 249.  He stated he was                         
  surprised it took the legislature this long to address a                     
  pressing need for the state for more than a year, and it was                 
  up to the committee to get in gear and pass some form of the                 
  bill.                                                                        
                                                                               
  Number 146                                                                   
                                                                               
  CHARLES METZ, ELECTRICAL ADMINISTRATOR, testified by                         
  teleconference from Fairbanks in opposition to CSHB
  249(STA), stating the latest version did not closely                         
  resemble the original HB 249.  He objected to the exemption                  
  given to professional engineers, despite their extensive                     
  schooling, saying their degree would not cover the necessary                 
  comprehensive code analysis for everyday use.  He called for                 
  the committee to revert to SSHB 249 and reject CSHB
  249(STA).                                                                    
                                                                               
  Number 197                                                                   
                                                                               
  DENNIS ERICKSON testified by teleconference from Ketchikan                   
  to support SSHB 249, and urged rejection of CSHB 249(STA).                   
                                                                               
  Number 209                                                                   
                                                                               
  WILL JAHRIG testified by teleconference from Kenai in                        
  opposition to CSHB 249.  He stated he saw a need for a bill                  
  to be passed, but said he had several objections to the                      
  latest version, including the allowance of outside                           
  contractors to be given licenses without testing.  He stated                 
  such a practice would put Alaskans at risk.  He also                         
  objected to the exemption given professional engineers.                      
                                                                               
  Number 245                                                                   
                                                                               
  SANDY HUSS testified by teleconference from Kotzebue in                      
  favor of CSHB 249.  He stated he had several problems with                   
  the latest version of HB 249, but said any version was                       
  better than none at all.  He noted there was a need to set a                 
  standard for Alaskans to follow until the system could be                    
  perfected, and no one would benefit by allowing licenses to                  
  lapse.                                                                       
                                                                               
  Number 273                                                                   
                                                                               
  FRED MOODY testified by teleconference from Nome in favor of                 
  passing either form of HB 249.  He stated he was most                        
  concerned with keeping licenses valid.  He also opposed the                  
  professional engineers exemption in CSHB 249(STA).                           
                                                                               
  Number 317                                                                   
                                                                               
  DENNIS LEWIS testified by teleconference from Petersburg in                  
  support of either version of HB 249.  He stated the main                     
  concern was not allowing licenses to lapse, and stated it                    
  was important to get new electrical administrators on line                   
  as soon as possible.                                                         
                                                                               
  Number 336                                                                   
                                                                               
  JOHN LITTLEFIELD testified by teleconference from Sitka in                   
  support of CSHB 249(STA), but said he had several problems                   
  with the latest version.  Specifically, he had objections to                 
  sections five, eight, nine and ten.  He stated it was wrong                  
  to exempt professional engineers from the licensing exam;                    
  that the $300 fine to be imposed for violations was too low;                 
  and that he would prefer to see the entire process put into                  
  the Labor Department.  However, he said, despite those                       
  objections, it was of primary importance to pass some                        
  version of the bill.                                                         
                                                                               
  Number 360                                                                   
                                                                               
  GLENN MARUNDE testified by teleconference from Tok in                        
  support of SSHB 249, but said he could also go along with                    
  the later version.  He registered his objections to the                      
  engineering exemption and noted that many people in rural                    
  areas do their own work, so he called for an increase in the                 
  number of administrators, as well as an increase in the                      
  number of electrical inspectors.                                             
                                                                               
  Number 408                                                                   
                                                                               
  DAN COFFEY testified by teleconference from Valdez in                        
  support of SSHB 249 and in opposition to CSHB 249(STA).  He                  
  objected to the exemption for professional engineers, and                    
  also called for the streamlining of the process.                             
                                                                               
  Number 420                                                                   
                                                                               
  CHAIRMAN VEZEY noted the committee had heard from 14                         
  witnesses on HB 249 and stated he felt time was running out                  
  on the last committee meeting of the session.  He                            
  entertained comments and motions on HB 249.                                  
                                                                               
  Number 437                                                                   
                                                                               
  REPRESENTATIVE G. DAVIS moved passage of CSHB 249(STA) with                  
  individual recommendations.                                                  
                                                                               
  Number 440                                                                   
                                                                               
  REPRESENTATIVE B. DAVIS inquired where the bill was headed                   
  next.                                                                        
                                                                               
  CHAIRMAN VEZEY stated it was slated next for Judiciary.                      
                                                                               
  Number 449                                                                   
                                                                               
  REPRESENTATIVE G. DAVIS withdrew his motion in order to                      
  discuss section five, which dealt with the testing exemption                 
  for professional engineers.                                                  
                                                                               
  Number 466                                                                   
                                                                               
  CHAIRMAN VEZEY stated the reason he deleted the test                         
  requirement for engineers was because under current law                      
  three licenses would be required to complete and inspect a                   
  job:  that of the journeyman electrician, the electrical                     
  administrator and the professional engineer.  He said if the                 
  engineer were exempt, that would cut the level of licenses                   
  needed on any one job to two, which would accordingly cut                    
  costs for consumers.  He also noted that being a                             
  professional engineer requires not only a degree but years                   
  of experience and the successful completion of a                             
  comprehensive test.  He also told the committee the standard                 
  for such a test was higher than that required of an                          
  administrator.                                                               
                                                                               
  Number 488                                                                   
                                                                               
  REPRESENTATIVE G. DAVIS said he saw no reference to licensed                 
  electrical engineers in CSHB 249(STA).                                       
                                                                               
  Number 493                                                                   
                                                                               
  CHAIRMAN VEZEY explained there was no legal status for                       
  licensed electrical engineers, and the policing and                          
  guarantor of the proficiency of such engineers was a                         
  function of the Board of Architects and Engineers.  He also                  
  stated there was only one statutory category of engineers,                   
  that of the professional engineer.  He stated the board                      
  issues specialty endorsements in several areas, and that it                  
  is a violation of ethical and legal standards to practice                    
  engineering outside the area of a specialty endorsement.                     
                                                                               
  Number 501                                                                   
                                                                               
  REPRESENTATIVE ULMER noted a problem on page two, line                       
  seven.  She stated there was an apparent conflict on line                    
  19, which stated a violation would constitute the commission                 
  of a misdemeanor, but also deleted the possibility of                        
  imprisonment.  She stated she interpreted the misdemeanor                    
  statute to include fines of up to $10,000 and up to 60 days                  
  of jail time.  She stated that leaving it up to the court                    
  with respect to jail time might be better.                                   
                                                                               
  Number 517                                                                   
                                                                               
  CHAIRMAN VEZEY said he interpreted an unclassified                           
  misdemeanor to carry no jail time.                                           
                                                                               
  Number 521                                                                   
                                                                               
  REPRESENTATIVE ULMER moved an amendment to place a period                    
  after the word "violation" on line 19.  There were no                        
  objections.                                                                  
                                                                               
  Number 530                                                                   
                                                                               
  REPRESENTATIVE G. DAVIS noted a problem under the "lapse of                  
  license" section, which set four years as the retesting                      
  time.  He stated that codes could easily change in four                      
  years, and suggested putting the word "and" in the sentence                  
  to cover that possibility.                                                   
                                                                               
  Number 542                                                                   
                                                                               
  CHAIRMAN VEZEY noted he built the four year period in to                     
  prevent licenses from lapsing this year, after the                           
  legislature failed to keep them alive after the board's 1992                 
  sunset.                                                                      
                                                                               
  REPRESENTATIVE G. DAVIS withdrew his motion to amend the                     
  line.                                                                        
                                                                               
  REPRESENTATIVE JERRY SANDERS noted a need for an amendment                   
  on page three for section 11, line 12, similar to the                        
  previous amendment mentioned by Representative Ulmer, with                   
  this amendment applying to the section dealing with                          
  Mechanical Administrators.  He so moved the amendment.                       
  There were no objections.                                                    
                                                                               
  Number 572                                                                   
                                                                               
  REPRESENTATIVE ULMER asked for clarification on penalties                    
  for Class C misdemeanors.                                                    
                                                                               
  Number 589                                                                   
                                                                               
  REPRESENTATIVE G. DAVIS returned to his earlier concerns                     
  over competency testing, and moved placing the word "by"                     
  with "and" in the previous line.  There were no objections.                  
                                                                               
  CHAIRMAN VEZEY put the committee at ease to look up Class C                  
  misdemeanor statutes.                                                        
                                                                               
  Number 607                                                                   
                                                                               
  CHAIRMAN VEZEY called the committee back to order after a                    
  short discussion with Representative Ulmer and the committee                 
  staff.  He entertained a motion to change the wording in the                 
  penalty section from "misdemeanor" to violation, which would                 
  effectively allow for a fine of up to $10,000 and give the                   
  court discretion on jail terms.                                              
                                                                               
  Number 614                                                                   
                                                                               
  REPRESENTATIVE G. DAVIS moved the amendment suggested by the                 
  chairman.  There were no objections.                                         
                                                                               
  Number 625                                                                   
                                                                               
  REPRESENTATIVE G. DAVIS noted problems with section eight of                 
  CSHB 249(STA).  He said the new wording appeared to be                       
  redundant with respect to the duties and responsibilities of                 
  professional engineers working as electrical administrators.                 
                                                                               
  Number 633                                                                   
                                                                               
  CHAIRMAN VEZEY stated he found the section confusing as                      
  well, but he had been assured by Legislative Legal it was                    
  consistent with the goals laid out in CSHB 249(STA).                         
  However, he said he saw no reason for the section and stated                 
  he felt it could safely be deleted.                                          
                                                                               
  Number 645                                                                   
                                                                               
  REPRESENTATIVE G. DAVIS stated it appeared to him to limit                   
  the inspection powers.                                                       
                                                                               
  Number 647                                                                   
                                                                               
  CHAIRMAN VEZEY remarked it actually removed work done by the                 
  engineer from being inspected, since it was previously                       
  supervised by the engineer.                                                  
                                                                               
  REPRESENTATIVE G. DAVIS moved deletion of section eight.                     
  There were no objections.                                                    
                                                                               
  CHAIRMAN VEZEY called for further discussion.  Seeing none,                  
  he called the question to pass CSHB 249(STA).                                
                                                                               
  CSHB 249(STA) passed by a 7-0 vote.                                          
  HB 280    UNIFORM CUSTODIAL TRUST ACT                                        
                                                                               
  Number 689                                                                   
                                                                               
  CHAIRMAN VEZEY read the title to HB 280 and called for its                   
  sponsor statement.                                                           
                                                                               
  TAPE 93-44, SIDE A                                                           
  Number 000                                                                   
                                                                               
  KAREN BRAND, LEGISLATIVE AIDE TO REPRESENTATIVE CARL MOSES,                  
  joined the committee to present the sponsor's statement.                     
  She explained that the intent of HB 280 was to allow                         
  everyone in Alaska the chance to develop their own trust in                  
  an easy, inexpensive way.  She noted that the person who                     
  creates the trust would remain in control unless becoming                    
  incapacitated or died, and that such a system had already                    
  been developed in several other states.  She stated HB 280                   
  would benefit Alaska seniors or those who anticipate being                   
  incapacitated for a period of time, and that the Uniform                     
  Custodial Trust Act had been endorsed by the American Bar                    
  Association.  She noted similar legislation had passed the                   
  House in the second session of the 17th Legislature, but                     
  died in the Senate due to time running out.                                  
                                                                               
  Number 054                                                                   
                                                                               
  CHAIRMAN VEZEY asked why a person would not be allowed to                    
  revoke the trust when they became incapacitated.                             
                                                                               
  MS. BRAND deferred to a uniform law commissioner seated in                   
  the committee room.                                                          
                                                                               
  Number 069                                                                   
                                                                               
  CHAIRMAN VEZEY asked what HB 280 would accomplish that                       
  wasn't possible under current trust law.                                     
                                                                               
  MS. BRAND again deferred to the commissioner.                                
                                                                               
  Number 069                                                                   
                                                                               
  ART PETERSON, UNIFORM LAW COMMISSIONER FOR THE STATE OF                      
  ALASKA, joined the committee to testify in favor of HB 280.                  
  He stated the Uniform Custodial Trade Act (UCTA) would                       
  provide those people who anticipated being incapacitated                     
  with a chance to direct their assets after such                              
  incapacitation.  He stated the idea was to provide an easy,                  
  legal, simple way for common people to use such an idea,                     
  without the problems associated with trusts.  He stated                      
  under the current system, trusts could only be established                   
  with a lawyer, much paperwork, court appearances, and at                     
  great expense.  He said HB 280 simplified the system and                     
  even provided a form for those who would wish to use it.                     
                                                                               
  Number 129                                                                   
                                                                               
  CHAIRMAN VEZEY asked about the ability to transfer the                       
  trust.                                                                       
                                                                               
  MR. PETERSON noted that section E of HB 280 provides that an                 
  incapacitated person cannot transfer or change the trust                     
  upon his incapacitation.                                                     
                                                                               
  CHAIRMAN VEZEY stated he was confused by the interchangeable                 
  use of the terms "transferor, transferee, beneficiary."                      
                                                                               
  Number 170                                                                   
                                                                               
  MR. PETERSON stated the terms are indeed interchangeable                     
  depending on the role of the person referred to in the                       
  document.  He stated that in some cases, one person could                    
  play several roles.                                                          
                                                                               
  Number 184                                                                   
                                                                               
  REPRESENTATIVE ULMER explained to the committee that a bill                  
  similar to HB 280 passed the House in the previous                           
  legislature; it was non-controversial; it enjoyed widespread                 
  support; and would benefit most Alaskans; and she urged the                  
  committee to pass the bill.                                                  
                                                                               
  Number 197                                                                   
                                                                               
  MR. PETERSON also took the time to convey the endorsement of                 
  the American Association of Retired Persons (AARP), whose                    
  representative was forced to leave the meeting due to time                   
  considerations.                                                              
                                                                               
  Number 203                                                                   
                                                                               
  CHAIRMAN VEZEY also confirmed AARP'S endorsement, and stated                 
  he had spoken with John Shaffer of AARP.  He said he did not                 
  wish to rush the committee in its choices on HB 280, but                     
  considering its apparent widespread support, he asked the                    
  members' pleasure.                                                           
                                                                               
  Number 213                                                                   
                                                                               
  REPRESENTATIVE B. DAVIS moved passage of HB 280.                             
                                                                               
  Number 232                                                                   
                                                                               
  House Bill 280 passed by a 6-0 vote.                                         
  Number 238                                                                   
                                                                               
  REPRESENTATIVE ULMER noted the end of the agenda, but asked                  
  the committee Chairman to consider waiving either HB 36 or                   
  HB 215 from committee so it might be considered on the House                 
  floor.                                                                       
                                                                               
  Number 253                                                                   
                                                                               
  CHAIRMAN VEZEY said he appreciated the Representative's                      
  concern with getting the bill out, but said he and other                     
  committee members simply had not enough time to collect the                  
  entire cost figures for a Retirement Incentive Program.  He                  
  stated he felt HB 215 carried a large fiscal note, and until                 
  the total cost could be determined, he did not wish to move                  
  it or HB 36.                                                                 
                                                                               
  Number 265                                                                   
                                                                               
  REPRESENTATIVE ULMER stated she felt both bills did not                      
  create a financial burden, and that the costs to the state                   
  were benign.                                                                 
                                                                               
  CHAIRMAN VEZEY stated it appeared to create an unfunded                      
  obligation to the state pension fund, which would make the                   
  costs to employers so high they would not be willing to                      
  participate in such a program.                                               
  Number 276                                                                   
                                                                               
  REPRESENTATIVE ULMER stated she felt school districts                        
  covered under HB 215 would be willing to participate in the                  
  program.                                                                     
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  Number 293                                                                   
                                                                               
  CHAIRMAN VEZEY stated that any shortfall created under a RIP                 
  (Retirement Incentive Program) would eventually cost general                 
  fund monies, and therefore should be looked at more closely.                 
  With that, he adjourned the last scheduled House State                       
  Affairs Committee meeting for the First Session of the 18th                  
  Alaska State Legislature at 9:55 a.m.                                        

Document Name Date/Time Subjects