Legislature(2007 - 2008)BELTZ 211
03/08/2007 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB93 | |
| SB97 | |
| SB101 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 101 | TELECONFERENCED | |
| *+ | SB 97 | TELECONFERENCED | |
| = | SB 93 | ||
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
March 8, 2007
1:31 p.m.
MEMBERS PRESENT
Senator Johnny Ellis, Chair
Senator Bettye Davis
Senator Con Bunde
MEMBERS ABSENT
Senator Gary Stevens, Vice Chair
Senator Lyman Hoffman
COMMITTEE CALENDAR
SENATE BILL NO. 93
"An Act relating to licensed professional counselors; and
relating to the unlicensed use of the title 'professional
counselor.'"
MOVED SB 93 OUT OF COMMITTEE
SENATE BILL NO. 97
"An Act relating to identification seals for certain articles
created or crafted in the state by Alaska Native persons;
relating to the Alaska State Council on the Arts; and making
certain identification seal violations unfair trade practices."
HEARD AND HELD
SENATE BILL NO. 101
"An Act relating to private professional conservators and
private and public guardians."
HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 93
SHORT TITLE: PROFESSIONAL COUNSELORS
SPONSOR(S): SENATOR(S) DAVIS
02/22/07 (S) READ THE FIRST TIME - REFERRALS
02/22/07 (S) L&C
03/06/07 (S) L&C AT 1:30 PM BELTZ 211
03/06/07 (S) Heard & Held
03/06/07 (S) MINUTE(L&C)
BILL: SB 97
SHORT TITLE: ALASKA NATIVE ART IDENTIFICATION SEALS
SPONSOR(S): SENATOR(S) STEVENS
02/26/07 (S) READ THE FIRST TIME - REFERRALS
02/26/07 (S) L&C, FIN
03/08/07 (S) L&C AT 1:30 PM BELTZ 211
BILL: SB 101
SHORT TITLE: GUARDIANSHIP AND CONSERVATORS
SPONSOR(S): LABOR & COMMERCE
02/28/07 (S) READ THE FIRST TIME - REFERRALS
02/28/07 (S) L&C, STA, FIN
03/08/07 (S) L&C AT 1:30 PM BELTZ 211
WITNESS REGISTER
RICK URION, Director
Division of Corporations, Business, and Professional Licensing
Department of Commerce, Community & Economic Development
Juneau, Alaska
POSITION STATEMENT: Spoke in favor of SB 93 and SB 101.
TIM LAMKIN, Staff
to Senator Gary Stevens
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 97 on behalf of Senator
Stevens, sponsor.
SAUNDERS MCNEILL, Director
Community and Native Arts Program
Alaska State Council on the Arts
Anchorage, Alaska
POSITION STATEMENT: Spoke in favor of SB 97.
CHARLOTTE FOX, Executive Director
Alaska State Council on the Arts
Anchorage, Alaska
POSITION STATEMENT: Spoke in favor of SB 97.
SVEN HAAKANSON, Executive Director
Alutiiq Museum
Chair of the Alaska Council on the Arts
Kodiak, Alaska
POSITION STATEMENT: Spoke in favor of SB 97.
JOSH FINK, Director
Office of Public Advocacy
Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Spoke in favor of SB 101.
ACTION NARRATIVE
CHAIR JOHNNY ELLIS called the Senate Labor and Commerce Standing
Committee meeting to order at 1:31:15 PM. Senators Bunde, Davis
and Ellis were present at the call to order.
SB 93-PROFESSIONAL COUNSELORS
CHAIR ELLIS announced SB 93 to be up for consideration.
1:32:06 PM
RICK URION, Director, Division of Corporations, Business, and
Professional Licensing, Department of Commerce, Community &
Economic Development (DCCED), said he supports SB 93 and noted
that the testimony was complete during the last hearing.
SENATOR BUNDE asked about the zero fiscal note, and if the
department has the resources to carry out investigations of
people who have falsely claimed to be professional counselors.
MR. URION said claims of fraudulent activity are investigated,
and the costs get charged to licensees in the next licensing
period. So it is self-supporting, he explained.
1:33:52 PM
SENATOR DAVIS moved SB 93 from committee with individual
recommendations and attached fiscal note(s). There being no
objection, SB 93 moved from committee.
SB 97-ALASKA NATIVE ART IDENTIFICATION SEALS
1:35:14 PM
CHAIR ELLIS announced the consideration of SB 97.
TIM LAMKIN, staff to Senator Gary Stevens, said that the senator
introduced SB 97 on behalf of the Alaska State Council on the
Arts. Despite its existence for decades, many Alaskans don't
recognize the emblem called the silver hand. It is a marketing
tool that represents a piece of art made by an Alaskan Native.
Its origins date back until at least the 1930s when demand for
Alaskan art was increasing. There has been an ongoing effort to
bring credibility to the silver hand program in honor of Native
Alaskan artists. The effort has been thwarted by fraud, he
stated. SB 97 is a housekeeping bill with no motivation except
to modernize the statutes and rejuvenate the program. He said he
is in the tourism business and gets requests daily for authentic
Alaskan art, so he believes the bill could make it a more
recognized emblem to the public and a beacon of help and
inspiration for artists in Alaska.
1:37:35 PM
SAUNDERS MCNEILL, Director, Community and Native Arts Program,
Alaska State Council on the Arts, said the silver hand program
is the only Native arts authentication program in the state and
the nation. The program serves people from 143 communities and
includes all Alaska Native groups. The proposed changes embodied
in SB 97 represent decades of feedback offered and gathered from
a multitude of Native artists and Alaska businesses. The changes
will accomplish the following: retire the agent arm of the
permit program; remove reference to blood quantum and replace it
with federally-recognized Alaska Native tribes; add civil
penalties for the misuse of the silver hand; link the consumer
protection fair-trade statutes and silver hand statutes; include
Alaska Native artists producing contemporary work; expand
allowable materials for artists; expand the definition section;
and define eligible art mediums. The council is in full support
of the bill, she concluded.
1:40:27 PM
CHARLOTTE FOX, Executive Director, Alaska State Council on the
Arts, said the previous comments cover her testimony.
SVEN HAAKANSON, Executive Director, Alutiiq Museum and Chair of
the Alaska Council on the Arts, said he was on the task force
and has no further testimony.
SENATOR DAVIS asked about page 2, line 8. There is a significant
change from "Native arts" to "Alaska arts", she noted.
MR. LAMKIN said the new language shall read: identification
seals for authentic Alaska Native art created or crafted.
1:43:30 PM
SB 97 was held over.
SB 101-GUARDIANSHIP AND CONSERVATORS
CHAIR ELLIS announced that the next order of business is SB 101.
1:44:04 PM
JOSH FINK, Director, Office of Public Advocacy, Department of
Administration, said SB 101 is greatly appreciated. The bill
will help assure that private, professional guardians are
adequately regulated, and it will encourage the development of
this industry in Alaska as the aging population and the need for
guardianship services grows. This is primarily a clean up bill,
he stated. In 2004 the legislature passed HB 280, which enacted
licensure requirements for private, professional guardians and
conservators, but prior to that it was unregulated. There were
notorious cases in Alaska where guardians spent their wards'
estates down to nothing and engaged in fraud. HB 280 intended
that guardians get one license and pay one fee to the Division
of Occupational Licensing, but the division said it requires
numerous and duplicative licenses. That is an impediment to
encouraging the growth of this industry, he stated. Currently,
applicants need a license to be a guardian, another to be a
conservator, and a third license is required for the company or
corporation. The bill removes the organizational license so that
it will be required only for the individual. Also, someone with
a guardianship license will not need a conservatorship license.
MR. FINK said the bill specifies the type of crime that would
preclude someone from obtaining this license. It will focus on
crimes of dishonesty within the past 10 years. The other change
will be that public guardians will be required to go through the
same criminal background check and obtain the same national
certification that private guardians require. He noted that the
director of the Division of Occupational Licensing has concerns
with the language regarding insurance and bonding ability, but
that can be resolved, he stated.
1:49:19 PM
CHAIR ELLIS said the committee was happy to introduce this bill,
and he heard there were some concerns with the language.
RICK URION, Director, Division of Corporations, Business, and
Professional Licensing, Department of Commerce, Community &
Economic Development, said the bill is a work in progress. He
appreciates its sponsorship, because it is a high priority for
some people. He said he is working on the issue of concern.
1:50:41 PM
CHAIR ELLIS asked for it to be ready on Tuesday, and Mr. Urion
and Mr. Fink said that would be fine. He asked if there are a
lot of complaints around the state.
MR. FINK said there are occasional complaints, and the probate
court has some concerns with some private guardians. He believes
that the major bad players are gone, but there are issues he has
heard about.
CHAIR ELLIS said he has heard frequent complaints from families
with elderly people whose wills get changed to benefit a new
person that was recently befriended.
1:52:47 PM
MR. FINK said that only professional guardians need the license.
Last year Representative Chenault introduced a bill creating the
Office of Elder Fraud and Abuse that addresses those issues.
When his office is aware of exploitation of a senior, it can sue
on the senior's behalf for civil remedy.
CHAIR ELLIS asked for information, because he does receive
complaints.
MR. FINK said he has a new brochure with contact numbers. The
office is overwhelmed and has backed off on seeking new cases.
"We just don't have the staff," he stated.
SB 101 was held over.
The Senate Labor and Commerce Committee adjourned at 1:55:05 PM.
| Document Name | Date/Time | Subjects |
|---|