Legislature(1995 - 1996)

02/15/1995 09:06 AM HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                       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              
 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               
 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                     
 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                     
 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                
 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.                                                         

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