03/27/2012 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| Confirmations: | |
| SB211 | |
| SB143 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 211 | TELECONFERENCED | |
| *+ | SB 143 | TELECONFERENCED | |
| + | TELECONFERENCED |
LASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
March 27, 2012
1:32 p.m.
MEMBERS PRESENT
Senator Dennis Egan, Chair
Senator Linda Menard
Senator Bettye Davis
Senator Cathy Giessel
MEMBERS ABSENT
Senator Joe Paskvan, Vice Chair
COMMITTEE CALENDAR
CONFIRMATION HEARINGS
Alaska State Board of Public Accountancy
Karen J. Brewer Tarver - Juneau
Wayne Don - Eagle River
- CONFIRMATIONS ADVANCED
Alcoholic Beverage Control Board
Ethan Billings - Juneau
Ellen Ganley - Fairbanks
- CONFIRMATIONS ADVANCED
State Board of Registration for Architects, Engineers, and
Land Surveyors
David Hale - Anchorage
Colin Maynard - Anchorage
Richard Rearick - Eagle River
Kathleen Schedler - Fairbanks
- CONFIRMATIONS ADVANCED
State Assessment Review Board
James Mosley - Eagle River
- CONFIRMATION ADVANCED
Board of Barbers and Hairdressers
Darae Crews - Anchorage
Brittany Hutchison - Fairbanks
Kevin McKinley - Fairbanks
Deanna Pruhs - Anchorage
- CONFIRMATIONS ADVANCED
Board of Chiropractic Examiners
Dr. James Heston - Homer
Renee Robinson - Anchorage
- CONFIRMATIONS ADVANCED
Alaska Labor Relations Agency
Tyler Andrews - Anchorage
Matthew McSorley - Anchorage
- CONFIRMATIONS ADVANCED
Board of Marine Pilots
Robert Richmond - Anchorage
- CONFIRMATION ADVANCED
Personnel Board
Alfred Tamagni, Sr. - Anchorage
- CONFIRMATION ADVANCED
Board of Certified Real Estate Appraisers
Lance Cook - Fairbanks
- CONFIRMATION ADVANCED
Real Estate Commission
Anita Bates - Anchorage
Stacy Risner - Fairbanks
- CONFIRMATIONS ADVANCED
Board of Veterinary Examiners
Dr. Nelson Priddy, II - Anchorage
Dr. Tamara Rose - Fairbanks
- CONFIRMATIONS ADVANCED
Alaska Workers' Compensation Board
Charles Collins, Jr. - Juneau
Linda Hutchings - Soldotna
Amy Steele - Anchorage
Richard Traini, Jr. - Anchorage
Patricia Vollendorf - Anchorage
- CONFIRMATIONS ADVANCED
Workers' Compensation Appeals Commission
Stephen Hagedorn - Anchorage
James Rhodes - Ketchikan
- CONFIRMATIONS ADVANCED
SENATE BILL NO. 211
"An Act allowing a person who retires as a peace officer or
firefighter under the defined benefit plan of the public
employees' retirement system to receive credited service in the
plan for up to five years of past military service; and
providing for an effective date."
- HEARD & HELD
SENATE BILL NO. 143
"An Act relating to the Board of Registration for Architects,
Engineers, and Land Surveyors and to the Department of Commerce,
Community, and Economic Development."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 211
SHORT TITLE: PERS CREDIT FOR MILITARY SERVICE
SPONSOR(s): SENATOR(s) MCGUIRE
02/21/12 (S) READ THE FIRST TIME - REFERRALS
02/21/12 (S) L&C, FIN
03/27/12 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 143
SHORT TITLE: BD OF ARCHITECTS, ENGINEERS, SURVEYORS
SPONSOR(s): SENATOR(s) GIESSEL BY REQUEST
01/17/12 (S) PREFILE RELEASED 1/6/12
01/17/12 (S) READ THE FIRST TIME - REFERRALS
01/17/12 (S) L&C, FIN
03/27/12 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
MICHAEL PAWLOWSKI, Staff
Senator Lesil McGuire
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Commented on SB 211 for the sponsor.
SHARON LONG, Staff
Senator Cathy Giessel
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Explained the CS for SB 211.
JAMES SEARS, Western Vice President
Public Service Employees Association (PSEA)
Nome, Alaska
POSITION STATEMENT: Supported SB 211.
BOYD BROWNFIELD, registered civil engineer
Representation himself
Anchorage, AK
POSITION STATEMENT: Supported SB 143.
COLIN MAYNARD, member
Alaska Professional Design Council (APDC)
Anchorage, AK
POSITION STATEMENT: Supported SB 143.
ERIC ERICKSON, representing himself
Juneau, AK
POSITION STATEMENT: Supported SB 143.
ACTION NARRATIVE
1:32:13 PM
CHAIR DENNIS EGAN called the Senate Labor and Commerce Standing
Committee meeting to order at 1:31 p.m. Present at the call to
order were Senators Giessel, Davis and Chair Egan.
1:32:54 PM
SENATOR MENARD joined the committee.
^Confirmations:
Confirmations
1:33:08 PM
Chair Egan announced consideration of the Governor's appointees
to various boards and commissions.
SENATOR DAVIS moved to forward the names of the governor's
appointments to the joint body for consideration. Without
objection, the following names were forwarded:
Alaska State Board of Public Accountancy
Karen J. Brewer Tarver - Juneau
Appointed: 3/1/2012 Term Expires: 3/1/2016
Wayne Don - Eagle River
Appointed: 3/1/2012 Term Expires: 3/1/2016
Alcoholic Beverage Control Board
Ethan Billings - Juneau
Appointed: 3/1/2009
Reappointed: 3/1/2012 Term Expires: 3/1/2015
Ellen Ganley - Fairbanks
Appointed: 3/1/2009
Reappointed: 3/1/2012 Term Expires: 3/1/2015
State Board of Registration for Architects, Engineers, and Land
Surveyors
David Hale - Anchorage
Appointed: 3/1/2012 Term Expires: 3/1/2016
Colin Maynard - Anchorage
Appointed: 3/1/2012 Term Expires: 3/1/2016
Richard Rearick - Eagle River
Appointed: 2/3/2009
Reappointed: 3/1/2012 Term Expires: 3/1/2016
Kathleen Schedler - Fairbanks
Appointed: 3/1/2012 Term Expires: 3/1/2016
State Assessment Review Board
James Mosley - Eagle River
Appointed: 5/6/2011 Term Expires: No defined term
Board of Barbers and Hairdressers
Darae Crews - Anchorage
Appointed: 3/1/2012 Term Expires: 3/1/2016
Brittany Hutchison - Fairbanks
Appointed: 6/13/2011 Term Expires: 3/1/2013
Kevin McKinley - Fairbanks
Appointed: 3/1/2012 Term Expires: 3/1/2016
Deanna Pruhs - Anchorage
Appointed: 3/1/2012 Term Expires: 3/1/2016
Board of Chiropractic Examiners
Dr. James Heston - Homer
Appointed: 1/29/2008
Reappointed: 3/1/2012 Term Expires: 3/1/2016
Renee Robinson - Anchorage
Appointed: 3/1/2012 Term Expires: 3/1/2016
Alaska Labor Relations Agency
Tyler Andrews - Anchorage
Appointed: 6/9/2008
Reappointed: 3/1/2009
Reappointed: 3/1/2012 Term Expires: 3/1/2015
Matthew McSorley - Anchorage
Appointed: 12/15/2005
Reappointed: 3/1/2006
Reappointed: 3/1/2009
Reappointed: 3/1/2012 Term Expires: 3/1/2015
Board of Marine Pilots
Robert Richmond - Anchorage
Appointed: 1/1/2011
Reappointed: 3/1/2012 Term Expires: 3/1/2016
Personnel Board
Alfred Tamagni, Sr. - Anchorage
Appointed: 3/1/2006
Reappointed: 3/1/2012 Term Expires: 3/1/2018
Board of Certified Real Estate Appraisers
Lance Cook - Fairbanks
Appointed: 3/1/2012 Term Expires: 3/1/2016
Real Estate Commission
Anita Bates - Anchorage
Appointed: 5/17/2011 Term Expires: 3/1/2015
Stacy Risner - Fairbanks
Appointed: 10/27/2011 Term Expires: 3/1/2013
Board of Veterinary Examiners
Dr. Nelson Priddy, II - Anchorage
Appointed: 3/1/2012 Term Expires: 3/1/2016
Dr. Tamara Rose - Fairbanks
Appointed: 10/27/2011 Term Expires: 3/1/2015
Alaska Workers' Compensation Board
Charles Collins, Jr. - Juneau
Appointed: 6/1/2010
Reappointed: 3/1/2012 Term Expires: 3/1/2015
Linda Hutchings - Soldotna
Appointed: 9/27/2005
Reappointed: 3/1/2006
Reappointed: 3/1/2009
Reappointed: 3/1/2012 Term Expires: 3/1/2015
Amy Steele - Anchorage
Appointed: 8/1/2011 Term Expires: 3/1/2013
Richard Traini, Jr. - Anchorage
Appointed: 8/15/2011
Reappointed: 3/1/2012 Term Expires: 3/1/2015
Patricia Vollendorf - Anchorage
Appointed: 4/12/2004
Reappointed: 3/10/2006
Reappointed: 3/1/2009
Reappointed: 3/1/2012 Term Expires: 3/1/2015
Workers' Compensation Appeals Commission
Stephen Hagedorn - Anchorage
Appointed: 3/1/2007
Reappointed: 3/1/2012 Term Expires: 3/1/2017
James Rhodes - Ketchikan
Appointed: 3/1/2012 Term Expires: 3/1/2017
At ease from 1:33 to 1:34 p.m.
SB 211-PERS CREDIT FOR MILITARY SERVICE
1:34:36 PM
CHAIR EGAN announced consideration of SB 211.
MICHAEL PAWLOWSKI, staff to Senator Lesil McGuire, sponsor of SB
211, said he would first like to explain the intent behind the
bill and then answer questions. He said that Senator McGuire had
worked with members of the peace officer and firefighter
community and recognizes that these are individuals that come to
the state to provide service to it in what are often very
dangerous jobs, and that the state looks to them to protect
life, health and safety.
He said it is a natural transition from military service to
public safety fields and under current Alaska statute a member
who is a peace officer or a firefighter is able to purchase up
to five years of credit towards retirement for their previous
military service. The problem in current law is that the
purchase of that credit doesn't include the medical benefits
that are available to someone that retires between the point of
their retirement and their Medicare eligibility. So the intent
of the legislation is to allow a purchaser to use those up to
five years' credit toward satisfying the requirement for medical
benefits under AS 39.35.535.
MR. PAWLOWSKI explained that section 1 of the current version of
the bill provides an exception to the normal prohibition under
this current purchase of retirement (that says subject to (j) of
this section, the credited service created under this section
may not be used to satisfy the credited service requirements for
normal retirement). That essentially means that you can purchase
the credit, but the credit does not apply to medical benefits
because they are in a separate part of the statute.
1:36:51 PM
The attempt in the original version, in section 2, was to
provide an exemption for this. However in working with the
department, they found this creates a significant financial
unfunded liability to the state and that was not the intent of
the sponsor or the people who brought the bill to the sponsor's
attention. The intent is for the person purchasing the service
to bear that extra cost. The goal is to get a fair deal for the
purchaser while not putting an undue burden on the state.
SENATOR GIESSEL asked him to clarify the age of retirement.
MR. PAWLOWSKI answered that the age varies and someone from the
Public Service Employees Association (PSEA) might be able to
answer that better. The sponsor's intent was the issue in AS
39.35.535(c), specifically where it says 25 years of credited
service as a peace officer, and passing this would allow a
person to apply five years of previous military service making
that 20 years. The rationale is benefiting someone who has gone
through the physically demanding work of serving their country
and then takes a physically demanding position to serve their
state. Recognizing the unique situation they are under within
the system, the sponsor wanted to create a win/win for both them
and the state.
SENATOR GIESSEL asked if this 25 years is also applicable to
firefighters.
MR. PAWLOWSKI replied he understood that the definition of peace
officer includes firefighter.
1:40:13 PM
SENATOR MENARD moved to adopt CSSB 211( ), version 27-LS1398\M.
CHAIR EGAN objected for discussion purposes.
MR. PAWLOWSKI explained that the CS refines the problem he
talked about. Section 1 amends AS 39.35.340, the regular
purchasing section, which the original bill was attempting to
change by breaking it into two sections recognizing first the
existing purchase of credit under 340, but adding a new
subsection in section 2 that provides a different methodology
for calculating the additional indebtedness that an employee
would be accruing. Language on page 2, lines 2-22, indicates
that it's an amount based on the increase, if any, in the
present value of future benefits for that year as determined by
the department.
Here he explained that everyone is well used to the fact that
the state's unfunded liabilities are a moving target and the
goal for this language was to allow the department to capture
the changing unfunded liability to keep it representative of the
cost the state is incurring and limiting it to the medical
benefit in AS 39.35.435(c).
1:43:20 PM
JAMES SEARS, Western Vice President, Public Service Employees
Association (PSEA), Nome, Alaska, said he had served in law
th
enforcement since 1985 and currently is serving his 14 year as
an Alaska State Trooper; he also served in the U.S. Army. He
supported the CS and explained that it will allow Tier 2 and
Tier 3 law enforcement employees to purchase their medical time
in conjunction with the military time that they are already
allowed to purchase. He said they are not asking for any
handouts and are willing to pay their fair share.
He said this would save the state money and reasoned that law
enforcement is a young man's game. Many law enforcement officers
are the highest paid in the state but also most prone for injury
when approaching 40 or 50 years of age needing the medical
benefits. He said this bill would also increase morale, possibly
enhance recruitment and provide an optional benefit for
veterans.
SENATOR MENARD said she looked forward to this bill being
passed.
SENATOR GIESSEL asked if multiplying the determined product by 6
percent on page 2, lines 3 and 4, was to cover the cost of the
medical insurance.
MR. PAWLOWSKI answered that is the calculation in existing
statute for the existing military service purchase that is
allowed (that does not qualify towards the medical benefit). The
base level of military purchase that the employee is responsible
for has not been modified, but if you want to purchase the
medical benefit, there is a separate indebtedness that has to be
calculated on top of it. And rather than going back and trying
to fiddle with the base number - because individuals might elect
to purchase their military credit as they do today, but not
decide to purchase the medical benefit - the goal of the CS is
to set up a choice to give employees as much flexibility as
possible. It would be 6 percent plus interest, plus whatever the
extra indebtedness would be as calculated by the department for
the medical.
CHAIR EGAN said he intended to hold SB 211 until the next
meeting.
SB 143-BD OF ARCHITECTS, ENGINEERS, SURVEYORS
1:48:27 PM
CHAIR EGAN announced consideration of SB 143.
SENATOR GIESSEL moved to bring SB 143 before the committee.
CHAIR EGAN objected for discussion purposes.
SENATOR GIESSEL said SB 143 was filed by request, and
essentially it would designate an investigator for the Board of
Architects, Engineers and Land Surveyors (AELS) the same as that
used for the State Medical Board. She explained that the
designated investigator would help facilitate accurate and
timely investigations and those timely investigations would
facilitate two goals. The first is the top priority for
regulation of professions, and that is public protection through
appropriate licensure. The second is the responsible use of the
board funds which come from licensing fees.
1:49:35 PM
SHARON LONG, staff to Senator Giessel, explained that section 1
amends AS 08.48.055 to designate an investigator specifically
for the board, and section 2 outlines his duties,
responsibilities and direct accountability. She added that
although there is a fiscal note, that cost is covered by license
fees. She explained that the AELS Board currently covers six
branches of engineers and architects and that was expanded on
March 11 to add 10 new categories for a total of 16 branches.
The number of licensees the board currently monitors could
increase dramatically from 5,600 licensees to maybe 800 to 1000
more over the next few years.
SENATOR MENARD commended Senator Giessel for this bill; she
didn't see they could not pass it. She has heard a number of
stories about how investigators for other boards can't
physically investigate in a timely manner.
1:51:53 PM
BOYD BROWNFIELD, representing himself, Anchorage, said he has
been a registered civil engineer in Alaska since August 1975. He
most recently served on the AELS Board from March 2004 until
March 2012 and supported having a full time investigator.
MR. BROWNFIELD said of 20 professional boards the AELS is the
third largest with nursing being the first and barbers and
hairdressers being the second. But AELS is the first in the
category of complexity having four separate professions
(engineers, architects, land surveyors and landscape
architects). Additionally, within the engineering profession
alone there are six different branches (civil, chemical,
mechanical, electrical, mining and petroleum), each having its
own separate technical challenges. These six branches will
shortly increase to 15, placing a significant additional demand
on the investigator if he/she is going to do a good job.
MR. BROWNFIELD explained that in reality the current
investigator, John Savage, serves AELS only part time; he is
assigned to five additional boards in addition to their board's
demanding work load. He serves as investigator for construction
contractors, mechanical administrators, electrical
administrators, underground storage tanks and home inspections.
So, stated more correctly, AELS has about 17 percent of one
investigator's attention. He said they are fortunate in having
Mr. Savage as an investigator but his workload is "staggering."
1:55:35 PM
He said the concept of having a full time investigator is not
ground breaking. The Medical Board, the fourth largest
professional board, already has two full-time investigators and
the Real Estate Board, the sixth largest board, has a full time
investigator. The Guide and Outfitters Board, the seventh
largest, has one and a quarter investigators.
He thanked Senator Giessel for sponsoring this bill.
SENATOR MENARD said she felt privileged to be in the room when
Lt. Governor Treadwell signed the order certifying the changes
to the regulations for the AELS Board.
1:58:33 PM
COLIN MAYNARD, member, Alaska Professional Design Council
(APDC), Anchorage, said it is an organization that combines the
voice of nine professional design societies whose members
consist of architects, engineers, land surveyors, landscape
architects, and interior designers, for a combined membership of
almost 2,000 design professionals and represents the interests
of over 6,300 professionals and professional corporations
licensed to practice in Alaska.
He said APDC's major request to the AELS Board, the Division of
Occupation Licensing and the Legislature over the years has been
for enforcement of the state's licensure laws that provide for
public safety and welfare. But they have no effect if they are
not enforced. Charges of non-licensing or substandard practice
need to be investigated in a timely manner, he said, and if
found credible be brought before the AELS Board or a court. A
dedicated investigator is needed for timely action.
MR. MAYNARD said a question was raised in a previous hearing on
whether industry was willing to pay for the dedicated
investigator and the answer is an emphatic "yes." This bill
would not incur one cent of oil or other general fund money. It
would be paid for by the licensees. The fiscal note indicates a
cost to each licensee of less than $35 every two years and they
are more than willing to pay that to ensure that the laws are
enforced.
2:00:32 PM
ERIC ERICKSON, representing himself, Juneau, supported SB 143.
He said he grew up in Alaska and is a registered professional
engineer and has served on the AELS board since 2009. It has
given him the opportunity to gain knowledge of the AELS
regulations and its mission to protect the health, safety and
welfare of the public. Also during this time he has had the
opportunity to receive feedback on the growing concern for
insufficient investigative resources in the policing of the
regulations. He said he supported the committee's position paper
on SB 143 and its conclusions and recommendations, which will
better serve to protect the health, safety and welfare of the
public.
CHAIR EGAN removed his objection and closed public testimony. He
said SB 143 would be held until the next meeting.
2:02:57 PM
Finding no further business to come before the committee, Chair
Egan adjourned the Senate Labor and Commerce Standing Committee
meeting at 2:02 p.m.