Legislature(1993 - 1994)
02/16/1993 08:00 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
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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