Legislature(1997 - 1998)

03/11/1997 01:47 PM Senate L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
               SENATE LABOR AND COMMERCE COMMITTEE                             
                         March 11, 1997                                        
                           1:47 P.M.                                           
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Senator Loren Leman, Chairman                                                 
 Senator Jerry Mackie, Vice Chairman                                           
 Senator Mike Miller                                                           
 Senator Tim Kelly                                                             
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 Senator Lyman Hoffman                                                         
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 Confirmation Hearing:                                                         
  Alcoholic Beverage Control Board                                             
   Mr. Robert Klein - Anchorage                                                
                                                                               
  Board of Pharmacy                                                            
   Ms. Bonnie R. Stewart - Anchorage                                           
   Mr. Stanley Thompson - Anchorage                                            
                                                                               
  Board of Registration for Architects, Engineers, and Land                    
 Surveyors                                                                     
   Ms. Daphne E. Brown - Anchorage                                             
   Mr. Patrick H. Kalen - Fairbanks                                            
   Mr. Robert E. Miller - Anchorage                                            
   Ms. Marcia Davis - Anchorage                                                
                                                                               
 SENATE BILL NO. 87                                                            
 "An Act relating to regulation of architects, engineers, and land             
 surveyors; extending the termination date of the State Board of               
 Registration for Architects, Engineers, and Land Surveyors; and               
 providing for an effective date."                                             
                                                                               
  - MOVED CSSB 87(L&C)am OUT OF COMMITTEE                                      
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 SB 87 - No previous action to be considered.                                  
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Mr. Merle Jantz, President                                                    
 AELS Board                                                                    
 1077 Vincent Ct.                                                              
 North Pole, AK 99705                                                          
  POSITION STATEMENT:   Supported SB 87.                                       
 Mr. Patrick Kalen, Member                                                     
 AELS Board                                                                    
 1041 Chena Ridge Rd.                                                          
 Fairbanks, AK 99709                                                           
  POSITION STATEMENT:   Supported SB 87.                                       
                                                                               
 Mr. Dwayne Adams                                                              
 Alaska Professional Design Council                                            
 13311 Cove Circle                                                             
 Anchorage, AK 99515                                                           
  POSITION STATEMENT:   Supported SB 87.                                       
                                                                               
   Ms. Catherine Reardon, Director                                             
 Division of Occupations Licensing                                             
 Department of Commerce and Economic Development                               
 P.O. Box 110806                                                               
 Juneau, AK 99811-0806                                                         
  POSITION STATEMENT:   Supported SB 87.                                       
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
  TAPE 97-10, SIDE A                                                           
 Number 001                                                                    
                                                                               
  CHAIRMAN LEMAN  called the Senate Labor and Commerce Committee               
 meeting to order at 1:47 p.m. and asked Mr. Robert Klein to give              
 the committee his background and the reason he wanted to serve on             
 the Alcoholic Beverage Control Board.   MR. KLEIN  said this is his           
 second term and he is currently serving as Chairman.  They are not            
 only making sure license holders throughout the State are adhering            
 to Title 4, but making the communities more a part of the decisions           
 that affect alcoholic beverages.                                              
                                                                               
 There were no questions from Committee members.                               
                                                                               
  CHAIRMAN LEMAN  said that Ms. Stewart and Mr. Thompson, Board of             
 Pharmacy, were not available for comment at this time.  Ms. Brown,            
 Board of Registration for Architects, Engineers, and Land                     
 Surveyors, was also not available.   Next he asked Mr. Robert                 
 Miller to brief the Committee on his qualifications for that                  
 Board.                                                                        
                                                                               
  MR. MILLER  said he had been a civil engineer for almost 36 years            
 and had been a registered professional engineer for over 25 years.            
 He reviewed his resume for the Committee.                                     
                                                                               
  CHAIRMAN LEMAN  thanked him for his willingness to serve.  There             
 were no questions from the Committee members.                                 
                                                                               
  MS. MARCIA DAVIS  said she is a lawyer by profession and is for              
 maintaining professional standards within any profession.  She said           
 she is up for the public member's slot on the Board of Registration           
 for Architects, Engineers, and Land Surveyors.  She believed in               
 maintaining professional standards so there is a high degree of               
 public trust and public safety impacts.  As ability to fund public            
 consumer protection programs ebbs, it is all the more important for           
 these Boards to work.                                                         
                                                                               
  CHAIRMAN LEMAN  asked how she was contacted to serve on this Board.          
 MS. DAVIS said she was contacted by a Board member who was aware of           
 the vacancy about two or three months ago.  CHAIRMAN LEMAN asked if           
 she had any experience with the statute of repose or any issues               
 like that as a lawyer.  She replied that she had experience with              
 statutes of repose and limitations, but not specifically as they              
 apply to engineers or the construction industry.                              
                                                                               
   Number 120                                                                  
                                                                               
  MR. PATRICK KALEN,  Board of Registration for Architects, Engineers,         
 and Land Surveyors, reviewed his resume for the Committee.  He said           
 he had served on this Board before in 1988 and 1992 and he has                
 strong support from the land surveying profession.                            
                                                                               
                                                                               
            SB  87 ARCHITECTS, ENGINEERS & SURVEYORS                          
                                                                              
  CHAIRMAN LEMAN  said that completed everyone they were able to reach         
 and announced  SB 87  to be up for consideration.                             
                                                                               
  MS. KREITZER,  Staff to Senate Labor and Commerce Committee,                 
 explained the CS which was a result of conversations between the              
 Division of Occupational Licensing, the Alaska Professional Design            
 Council, and the AELS Board.  The only element this Committee made            
 clear they did not agree with was the sunset date which remains at            
 2001, not at 2003.  She said they might want to note on page 2,               
 under Organizations and Meetings, the title of President is changed           
 to Chairman and Vice President is changed to Vice Chairman.                   
                                                                               
  SENATOR KELLY  said he thought they would eventually add landscape           
 architects to this Board.  If they do that, he noted that there was           
 room for someone to be appointed.                                             
                                                                               
  SENATOR MILLER  moved to adopt the CS to SB 87.  There were no               
 objections and it was so ordered.                                             
                                                                               
  MR. MERLE JANTZ,  President, AELS Board, said the Board had worked           
 hard and focused on public health, safety, and welfare.  He said              
 they support the CS to SB 87.  It addresses all the issues the                
 Board was concerned about except they are in favor of the year 2003           
 as the sunset date.  He clarified that they elected the Chairman,             
 the Vice Chairman, and the Secretary.                                         
                                                                               
 Number 250                                                                    
  SENATOR MACKIE  moved on page 2, line 5 to delete "president" and            
 insert "chair;" delete "vice president" and insert "vice chair."              
 There were no objections and it was so ordered.                               
                                                                               
      MR. DWAYNE ADAMS,  Alaska Professional Design Council, said this         
 one of the most important pieces of legislation they will review              
 for the protection of the health and safety of Alaskans.                      
 Continuance of the licensing of architects assures our buildings              
 work, meet safety codes, and are accessible.  Continuance of                  
 licensing of engineers insures our water is clean, our buildings              
 are safe, and their mechanical and electrical systems meet the                
 needs of our unique climate in our urban and rural conditions.                
 Continuance of the licensure of our surveyors insures the ability             
 to conduct commerce under clearly defined lines and patterns of               
 ownership.  He said they support this bill, but recommend that the            
 2001 be changed to 2003, because the value of these professionals             
 for maintenance of health and safety is self evident.                         
                                                                               
 Number 297                                                                    
                                                                               
  MR. MIKE TAURIANIEN,  Board of Architects, Engineers, and Land               
 Surveyors, said he has served for seven years.  Bringing the number           
 of surveyors to two is important for the efficient operation of the           
 Board.  They make up a significant portion of their work load.                
                                                                               
  SENATOR KELLY  said he supported the bill and asked if anyone                
 opposed licensing landscape architects.  MR. TAURIANIEN said the              
 Board has generally been in favor of it, although it's been a split           
 vote.  His main concern is showing a compelling reason for                    
 protection of the public.  SENATOR KELLY asked him if he didn't               
 think the fact that 43 other states do was enough of a reason.  MR.           
 TAURIANIEN replied not at all.                                                
                                                                               
 SENATOR KELLY asked why he thought it was compelling to license               
 him.  MR. TAURIANIEN said he wouldn't argue with him if the                   
 legislature decided not to.  He thought they went overboard in                
 registration of many professions.                                             
                                                                               
  MR. JANTZ  said the Board in a teleconference about a week ago               
 considered the issue of including landscape architects and voted in           
 favor of removing them because there weren't enough to justify an             
 additional position for licensing them at this time.                          
                                                                               
  MR. KALEN  said the draft legislation the Board reviewed proposed to         
 add a landscape architect to the Board.   VICE CHAIRMAN MACKIE  noted         
 that Senator Leman had to leave and that they would have this issue           
 before the Committee in another bill.                                         
                                                                               
  SENATOR MILLER  said he wasn't sure why the fiscal notes coming from         
 the Department are written to show fiscal impact when these funds             
 are already built into the budget.  A fiscal note means another               
 Finance Committee referral.   MS. REARDON,  Director, Division of             
 Occupational Licensing, said the only reason they do the fiscal               
 notes that way is because they were directed by the legislature               
 several years ago to show the on-going costs so they would know               
 what they would save by eliminating the licensing program.  She               
 said she would be very happy to do the fiscal notes any way the               
 legislature wants them.                                                       
                                                                               
 SENATOR MILLER said if it's money that's already being collected,             
 he would rather see them reflect either additional money that would           
 be used or if there was a subtraction.                                        
                                                                               
  SENATOR MILLER  moved to zero out the fiscal note to make it                 
 accurate.  There were no objections and it was so ordered.                    
                                                                               
 MS. REARDON added that the draft CS adds a member to the Board                
 which would have a small fiscal impact of the money needed to                 
 travel to the Board meetings for that person.  She anticipated                
 about $2,500 per year.                                                        
                                                                               
 Number 420                                                                    
                                                                               
  SENATOR MILLER  moved to pass CSSB87(L&C)am from committee with              
 individual recommendations with a $0 fiscal note.  There were no              
 objections and it was so ordered.                                             
                                                                               
  VICE CHAIRMAN MACKIE  adjourned the meeting at 2:17 p.m.                     
                                                                               

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