Legislature(1995 - 1996)
02/15/1995 09:06 AM Senate HES
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE
February 15, 1995
9:06 a.m.
MEMBERS PRESENT
Senator Lyda Green, Chairman
Senator Loren Leman, Vice-Chairman
Senator Mike Miller
Senator Johnny Ellis
Senator Judy Salo
MEMBERS ABSENT
All members present.
COMMITTEE CALENDAR
SENATE BILL NO. 58
"An Act restricting the use of the title `industrial hygienist' and
related titles and initials."
SENATE BILL NO. 62
"An Act relating to birth certificates for certain foreign born
persons who are adopted."
SENATE BILL NO. 68
"An Act relating to the donation of food by meat processors and
seafood processors and to who qualifies as a food bank."
SHES - 2/15/95
SB 59 (REGULATIONS FOR STUDENT LOANS) was scheduled, but not taken
up this date.
PREVIOUS SENATE COMMITTEE ACTION
No previous action to record.
WITNESS REGISTER
Senator Leman
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Prime sponsor of SB 58.
Erin Trippler
Director of Government Affairs
American Industrial Hygiene Association
Fairfax, Virginia
POSITION STATEMENT: Discussed AIHA and SB 58.
Jeff Carpenter
Midnight Sun Section Member of AIHA
9121 King David Drive
Anchorage, Alaska 99507
POSITION STATEMENT: Defined "industrial hygienits."
Penny Goodstein
Midnight Sun Section Member of AIHA
9200 Buddy Werner
Anchorage, Alaska 99516
POSITION STATEMENT: Clarified the public health issue regarding
SB 58.
Rachel Snigaroff
Staff to Senator Green
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Reviewed SB 62.
Larry and Maxine DeVilbiss
Requestors of SB 62.
POSITION STATEMENT: Expressed appreciation for SB 62.
Senator Leman
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Prime sponsor of SB 68.
Jack Doyle, Executive Director
Food Bank of Alaska
2121 Spar Avenue
Anchorage, Alaska 99501
POSITION STATEMENT: Urged the adoption of proposed amendments to
SB 68.
Tom Mears, Executive Director
Cook Inlet Aqua Culture Association
HC 2 Box 849
Soldotna, Alaska 99669
POSITION STATEMENT:
ACTION NARRATIVE
TAPE 95-5, SIDE A
SHES - 2/15/95
SB 58 USE OF TITLE "INDUSTRIAL HYGIENIST"
Number 004
CHAIRMAN GREEN called the Senate Health, Education and Social
Services (HESS) Committee to order at 9:06 a.m. She introduced
SB 58 as the first order of business before the committee.
SENATOR LEMAN, Prime Sponsor, noted that he had introduced this
legislation for the Midnight Sun Section of the American Industrial
Hygiene Association. There have been cases in which individuals
have used the title "industrial hygienist" when they are not
qualified as such. The profession of industrial hygiene is a cross
disciplinary field. He explained that SB 58 makes using the title
"industrial hygienist" an unfair trade practice if the individual
is not qualified as such. Other states have such legislation.
ERIN TRIPPLER, Director of Government Affairs at the American
Industrial Hygiene Association (AIHA), emphasized the need for this
legislation in order to protect the health and safety of employees,
their families and the community. He pointed out that California,
Tennessee, and Illinois have similar legislation while many other
states are preparing similar legislation. He inquired as to the
language in SB 58 which would make the use of the title by an
unqualified person an unfair business practice. He noted that the
legislation could add an exclusionary clause to ensure that the
legislation would not infringe on other professions.
Number 103
SENATOR LEMAN clarified that the bill refers to Alaska Statutes
which address Mr. Trippler's concern regarding the unfair business
practice portion of the legislation. The title protection would be
added to the list in statutes.
SENATOR SALO asked for examples of other items under this statute.
SENATOR LEMAN listed telephonic solicitations, hearing aides,
Alaska gasoline products, and many others.
ERIN TRIPPLER said the title protection that SB 58 provides for
industrial hygienists is used nationwide for professions such as
waste water treatment operators, CPAs, physician assistants,
nursing assistants, and many others.
SENATOR SALO expressed confusion with the purpose of SB 58. There
are licensing standards of practice for various occupations, but SB
58 would amend the portion of law dealing with misrepresentation.
She asked if the purpose of the bill was to eliminate persons
misrepresenting themselves as qualified industrial hygienists. Is
there another section of law that licenses persons in industrial
hygiene?
SENATOR LEMAN explained that industrial hygienists are not
licesnsed in Alaska and SB 58 would not create a licensure for
them. SB 58 protects the use of the title "industrial hygienist"
for those who are qualified through the national system.
SENATOR SALO seemed perplexed that industrial hygienists are not
licesensed in Alaska, but that this legislation would make the
misrepresentation of that title illegal. She asked what the
Council on Postsecondary Accreditation referred to in the bill.
ERIN TRIPPLER explained that the council was a national
accreditation group for postsecondary education.
In response to Senator Salo, ERIN TRIPPLER said that the industrial
hygiene association does not require that their professionals be
licensed. The association chose the option of title protection.
The American Board for Idustrial Hygiene handles the certification
of these professionals. Mr. Trippler pointed out that there are
very few professions that are licensed in the United States.
Number 234
JEFF CARPENTER, member of the Midnight Sun Section of AIHA,
specified that an industrial hygienist's job is to recognize and
anticipate health hazards in the work place and then implement
strategies to control the situation. He expressed concern with the
lack of understanding of this profession. In response to Chairman
Green, Mr. Carpenter explained that an industrial hygienist would
be hired by a company as a consultant or part of a larger team. He
noted that industrial hygienists are part of government agencies
who would assist employers with compliance of regulations as well
as enforce the regulations.
SENATOR LEMAN spoke to Senator Salo's comment regarding creating a
crime. He explained that in Alaska statutes under Unlawful Acts
and Practices, the Attorney General, on the state's behalf, can
request a restraining order. Violation of the restraining order
could lead to a civil penalty not to exceed $5,000 per violation.
He suggested that in most cases a letter would be sent from the
Attorney General to the violator requesting they stop using the
title.
PENNY GOODSTEIN, member of the Midnight Sun Section of the AIHA,
reiterated that this is a public health issue. Misrepresentation
of the title could cost industry and harm workers. She pointed out
that industrial hygienists deal with asbestos and hazardous waste
disposal which have public health implications. She expressed the
need to stop the misuse of the term because it denotes a certain
amount of knowledge.
CHAIRMAN GREEN asked if anyone could give an example of substantial
loss sustained from misrepresentation of the title. PENNY
GOODSTEIN recounted a case in which an individual had instructed
employees to wear the incorrect respirator on a hazardous waste
site. This could have been a harmful situation.
SENATOR MILLER moved that SB 58 be moved out of committee with
individual recommendations. Without objection, it was so ordered.
SHES - 2/15/95
SB 62 BIRTH CERTIFICATES FOR CERTAIN ADOPTEES
Number 325
CHAIRMAN GREEN introduced SB 62 as the next order of business
before the committee.
RACHEL SNIGAROFF, staff to Senator Green, explained that SB 62
changes the law to allow foreign born adopted children to receive
an Alaskan birth certificate after the age of 18. Vital Statistics
and Immigration do not foresee any problem with SB 62.
LARRY DEVILBISS, representing the family that requested the
legislation, expressed appreciation for this legislation. He noted
that the family had been working for such legislation for more than
20 years. SB 62 would help numerous families in Alaska. He
explained that his adopted brother, Brian, has been unable to get
a birth certificate which also means that he is unable to obtain a
passport. This has posed problems for him in his job as a
commercial trucker who frequently crosses into Canada.
MAXINE DEVILBISS, mother of an adopted child, appreciated the
legislation. She recounted her story with her adopted son. In
response to Chairman Green, Ms. DeVilbiss said that her son was
adopted in Korea in 1963 and was adopted in Alaska in 1964.
SENATOR MILLER moved that SB 62 be moved out of committee with
individual recommendations. Without objection, it was so ordered.
SHES - 2/15/95
SB 68 FOOD BANKS;MEAT & SEAFOOD PROCESSORS
Number 393
CHAIRMAN GREEN introduced SB 68 as the next order of business
before the committee.
SENATOR LEMAN, Prime Sponsor, said that he had originally
introduced SB 68 at the request of the Food Bank of Alaska,
however, other food processors have expressed interest in the
legislation. He explained that state law does not coincide with
the recent passage of the Good Samaritan Food Donation Act at the
federal level. SB 68 would afford meat and seafood processors the
same level of protection against simple negligence as other food
donors. He expressed hope that this legislation would encourage
food processors to donate excess food to the needy.
JACK DOYLE, Executive Director of the Food Bank of Alaska, urged
the adoption of proposed amendments in order to address inequities.
He pointed out that there are tax advantages to manufacturers and
donors of food and household products; they recover production
costs and a portion of the intended mark up. Currently, Alaskan
meat and seafood processors, who could be tremendous food donors,
are excluded. He noted that the protection of SB 68 would not
apply if food was donated knowing that it was unfit for
consumption. He requested that page 2 of a proposed amendment be
reworded in order to further protect the food bank as the
middleman.
SENATOR LEMAN clarified that the change of language Mr. Doyle
referred to would allow the recovery of a small amount of the cost
of distribution. JACK DOYLE explained that the food bank incurs a
lot of overhead since they store the food until the agencies can
distribute it.
SENATOR LEMAN noted that the food would ultimately have to be
freely distributed to needy persons, but the organizations may
incur a small fee.
Number 473
TOM MEARS, Executive Director of Cook Inlet Aqua Culture
Association, informed the committee of an organization known as
Earth, a food bank, distributing unprocessed salmon in the
Anchorage area. The Cook Inlet Aqua Culture Association
contributed in the first year, but not since. He explained that
the problem seemed to be a conflict between alturistic tendencies
and minimization of corporate exposure; the association is afraid
to participate in food distribution. He expressed the need to have
the amendment which would solve the liability concerns for
corporations and associations.
Mr. Mears pointed out that most of the fish to be given away have
been held for several weeks in order that they mature; the hatchery
uses the eggs and milk for spawning purposes. He addressed a
letter received in March of 1990 from the State Department of
Environmental Conservation which indicated that fish that have been
stripped of their roe and milk may be unfit for human consumption.
If the government determines that these fish are fit for free
distribution, then the association should not be held liable for
participating. The amendment would attempt to accomplish that.
SENATOR LEMAN asked if Mr. Mears had a copy of an amendment that
originated in the House. TOM MEARS said he did have a copy of the
amendment and suggested that "roe strip" be removed from the
proposed new Section C and only specify salmon. This would clean
up the language.
SENATOR LEMAN asked if there were any Alaskan hatcheries that could
donate anything beside salmon. TOM MEARS said not to his
knowledge.
RAY GILLESPIE, represents the four non-profit regional Aqua Culture
Associations, urged the adoption of the amendment.
Number 548
SENATOR LEMAN moved to adopt Amendment 1. SENATOR MILLER objected
for purposes of discussion.
SENATOR ELLIS inquired as to the level of liability that SB 68
would give immunity. SENATOR LEMAN specified that it would be a
release of liability for simple negligence.
SENATOR MILLER asked if others in the list would fall under the
same level of immunity. SENATOR LEMAN explained that it is the
same level of immunity and the amendment would clarify the
confusion regarding fish processing, such as stripping roe in a
hatchery. SENATOR MILLER removed his objection. Without
objection, Amendment 1 was adopted.
SENATOR LEMAN moved that CSSB 68(HES) be moved out of committee
with individual recommendations. Without objection, it was so
ordered.
TAPE 95-5, SIDE B
SHES - 2/15/95
SB 59 REGULATIONS FOR STUDENT LOANS
Number 579
CHAIRMAN GREEN held SB 59 over until the next meeting.
CHAIRMAN GREEN announced that Friday's meeting was cancelled. She
reminded everyone that there would be a statewide teleconference on
SB 70 on Saturday, February 18th.
There being no further business before the committee, the meeting
adjourned at 9:55a.m.
| Document Name | Date/Time | Subjects |
|---|