Legislature(1993 - 1994)

04/27/1993 02:55 PM L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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               SENATE LABOR AND COMMERCE COMMITTEE                             
                         April 27, 1993                                        
                            2:55 p.m.                                          
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Senator Tim Kelly, Chairman                                                  
  Senator Steve Rieger, Vice Chairman                                          
  Senator Bert Sharp                                                           
  Senator Georgianna Lincoln                                                   
  Senator Judy Salo                                                            
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  All Present                                                                  
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 249(STA) am                     
  "An Act reestablishing the Board of Electrical Examiners and                 
  extending the termination  date of  the Board of  Mechanical                 
  Examiners;   relating   to    electrical   and    mechanical                 
  administrators; and providing for an effective date."                        
                                                                               
  CS FOR HOUSE BILL NO. 158(L&C)                                               
  "An Act making appropriations  for contract settlement costs                 
  and  cost-of-living adjustments for public employees who are                 
  members  of   certain  collective   bargaining  units;   and                 
  providing for an effective date."                                            
                                                                               
  HOUSE BILL NO. 54                                                            
  "An  Act   relating  to   eavesdropping,  telephone   caller                 
  identification,   and   telephone  directory   listings  and                 
  solicitations."                                                              
                                                                               
  SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 196                                    
  "An  Act  relating to  the  state employment  preference for                 
  veterans and prisoners of war."                                              
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
  HB 249 - No previous action to record.                                       
                                                                               
  HB 158 - See Labor & Commerce minutes dated 4/22/93.                         
                                                                               
  HB 54 -  No previous action to record.                                       
                                                                               
  HB 196 - No previous action to record.                                       
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  Representative Gary Davis                                                    
  State Capitol                                                                
  Juneau, Alaska 99811-1182                                                    
                                                                               
                                                                               
  POSITION STATEMENT:  Sponsor of HB 249                                       
                                                                               
  Charles Mahlen, Commissioner                                                 
  Department of Labor                                                          
  P.O. Box 21149                                                               
  Juneua, Alaska 99802-1149                                                    
  POSITION STATEMENT:  Commented on HB 249.                                    
                                                                               
  Josh Fink, Legislative Aide                                                  
   to Senator Kelly                                                            
  State Capitol                                                                
  Juneau, Alaska 99811-1182                                                    
  POSITION STATEMENT:  Commented on HB 249.                                    
                                                                               
  Mr. White                                                                    
  Unidentified                                                                 
  POSITION STATEMENT:  Supported HB 249.                                       
                                                                               
  Nancy Usera, Commissioner                                                    
  Department of Administration                                                 
  P.O. Box 110200                                                              
  Juneau, Alaska 99811-0200                                                    
  POSITION STATEMENT:  Supported HB 158.                                       
                                                                               
  Represenatative Kay Brown                                                    
  State Capitol                                                                
  Juneau, Alaska 99811-1182                                                    
  POSITION STATEMENT:  Sponsor of HB 54.                                       
                                                                               
  Tom Roy, Executive Director                                                  
  Alaska Telephone Association                                                 
  3305 Arctic Blvd., #102                                                      
  Anchorage, Alaska 99503                                                      
  POSITION STATEMENT:  Opposed HB 54.                                          
                                                                               
  Cindy Smith                                                                  
  Alaska Network on Domestic Violence &                                        
   Sexual Assault                                                              
  419 6th, #116                                                                
  Juneau, Alaska 99801                                                         
  POSITION STATEMENT:  Supported HB 54.                                        
                                                                               
  George Dozier, Legislative Aide                                              
   to Representative Pete Kott                                                 
  State Capitol                                                                
  Juneau, Alaska 99811-1182                                                    
  POSITION STATEMENT:  Commented on HB 196.                                    
                                                                               
  ACTION NARRATIVE                                                             
  TAPE 93-30, SIDE A                                                           
  Number 001                                                                   
  SENATOR KELLY called  the Senate Labor and  Commerce meeting                 
  to  order  at  2:55  p.m.   and  announced  CSSSHB  249(STA)                 
                                                                               
                                                                               
  (ELECTRICAL,  MECHANICAL,  TRADESPERSONS)   to  be  up   for                 
  consideration.                                                               
                                                                               
  REPRESENTATIVE GARY  DAVIS, prime  sponsor of  HB 249,  said                 
  this bill addresses a problem that  he sees as an emergency.                 
  On August 31, 1993 all electrical administrators licensed in                 
  the state, about  600, will expire.   He said an  electrical                 
  administrator  is  a master  tradesperson  who is  above the                 
  journeyman  level in electrical  installations.   He insures                 
  that electrical systems are installed according to code.                     
                                                                               
  CHARLES MAHLEN, Commissioner, Department of Labor, explained                 
  that the Electrical Examiners Board  sunseted June 30, 1992.                 
  Since then there has been no method to regulate or supervise                 
  the people in the field.                                                     
                                                                               
  Number 142                                                                   
                                                                               
  SENATOR SALO  wanted to  know the  reason for  the two  year                 
  period for  having a  lapsed license.   COMMISSIONER  MAHLEN                 
  said it  is hard to get the examination  and there are a lot                 
  of  people  whose  licenses have  expired  since  last year.                 
  SENATOR  SALO   commented  that   even  if   the  Board   is                 
  reestablished, there  is still  a long  period of  allowable                 
  lapse time in statute.                                                       
                                                                               
  SENATOR  LINCOLN asked him  to comment on  the difference in                 
  the two  fiscal notes.   COMMISSIONER  MAHLEN explained  the                 
  latest  fiscal note  was lower  because they  added a  clerk                 
  rather than an inspector.                                                    
                                                                               
  JOSH FINK, Legislative Aide for Senator Kelly, explained the                 
  Senate Labor & Commerce  SCS.  He said there  were basically                 
  four  changes.    It  transfers   the  Board  of  Mechanical                 
  Examiners and  the Board  of Electrical  Examiners from  the                 
  Department  of Commerce  and  Economic  Development  to  the                 
  Department  of  Labor.    Secondly,   it  would  reduce  the                 
  extension of the Boards from June 30, 1996 to June 30, 1994.                 
                                                                               
                                                                               
  A representative from  the Department  of Commerce said  the                 
  Governor's office  made a  decision on  this legislation  so                 
  they had no position.                                                        
                                                                               
  Speaking  to the third change, MR. FINK explained that there                 
  was  a repealer in the  previous version that eliminated the                 
  requirement that electrical administrators be limited to one                 
  licensed contractor.  It also  repealed the requirement that                 
  mechanical  administrators  be   limited  to  one   licensed                 
  contractor.  It repealed the class B misdemeanor for failure                 
  to appear in court to answer a citation.                                     
                                                                               
  The fourth change was the addition of an immediate effective                 
  date.                                                                        
                                                                               
                                                                               
  Number 279                                                                   
                                                                               
  SENATOR LINCOLN commented  that by taking out  the language,                 
  "shall reside  in different  judicial districts"  leaves the                 
  appointees  to  be  from  one  community.    She  wanted  an                 
  amendment  saying  that  each  member   shall  reside  in  a                 
  different judicial district of the state.                                    
                                                                               
  REPRESENTATIVE  DAVIS said  that although  the district  are                 
  structured very strange, they didn't  have a problem with it                 
  per se.                                                                      
                                                                               
  SENATOR KELLY  suggested inserting that one of the three has                 
  to be  from a community with a population of less than 5,000                 
  people.                                                                      
                                                                               
  SENATOR  KELLY   made  a  conceptual   amendment  that   the                 
  appointees had  to come  from different  geographical areas.                 
  There were no objections and the amendment was adopted.                      
                                                                               
  MR. WHITE supported HB 249.                                                  
                                                                               
  SENATOR SALO asked why the sunset period was shortened.  MR.                 
  FINK explained it was  the intent that next year  the powers                 
  of the Board would be transferred to the Department of Labor                 
  as part of the effort to reduce the number of Boards.                        
                                                                               
  SENATOR KELLY asked if there should be concern over the                      
  four-year  licensing term.   REPRESENTATIVE  DAVIS explained                 
  there  have  been attempts  to  renew licenses  from various                 
  individuals.    Four  years would  cover  those  that  he is                 
  personally  aware of  that have  made these  attempts.   The                 
  licenses  would   be  renewed   upon   proof  of   continued                 
  competency.                                                                  
                                                                               
                                                                               
  Number 392                                                                   
                                                                               
  SENATOR  SHARP  moved  to  adopt  SCS  CSSS  HB  249(L&C) as                 
  amended.   SENATOR SALO objected because she liked the other                 
  version of the  bill better  than the SCS.   SENATOR  SHARP,                 
  SENATOR RIEGER, and SENATOR KELLY voted to adopt the SCS and                 
  SENATOR SALO and SENATOR LINCOLN voted against its adoption.                 
  The Chairman stated the Labor & Commerce SCS was adopted.                    
                                                                               
  SENATOR  SHARP  moved to  pass  SCS  CSSS HB  249(L&C)  from                 
  committee.  There were no objections and it was so ordered.                  
  Number 429                                                                   
  SENATOR  KELLY  announced  CSHB  158(L&C) (APPROP:  CONTRACT                 
  SETTLEMENT COSTS) to be up for consideration.                                
                                                                               
                                                                               
  NANCY  USERA,  Commissioner,  Department of  Administration,                 
  explained the Labor &  Commerce SCS.  It includes  the terms                 
  and conditions  of the Centralized  Correspondence Education                 
  Association Contract which was agreed to and ratified by the                 
  membership of that group within the last couple of weeks.                    
                                                                               
  SENATOR RIEGER moved to adopt SCS CSHB 158(L&C).  There were                 
  no objections and it was so ordered.                                         
                                                                               
  SENATOR  RIEGER  moved  to  pass   SCS  CSHB  158(L&C)  from                 
  committee.  There were no objections and it was so ordered.                  
  Number 480                                                                   
  SENATOR   KELLY   announced   HB  54   (TELEPHONE   CONSUMER                 
  PROTECTION)                                                                  
  to be up for consideration.                                                  
                                                                               
  REPRESENTATIVE KAY BROWN said there was  a need to pass this                 
  legislation  so  that  the  caller  I.D.  service  could  be                 
  provided without charge  to the  customer for both  blocking                 
  the  line on a per  call and per  line basis.   She said the                 
  bill was  requested by the  people in the  domestic violence                 
  community.    It   is  also  of  concern   to  doctors,  law                 
  enforcement,  and  other  professionals,   who  for  various                 
  reasons, may not want their number divulged.                                 
                                                                               
  REPRESENTATIVE  BROWN said this is  mainly a service for the                 
  use of telemarketing.  She  thinks it reasonable that people                 
  who  don't  want  to  participate  can  have  their  privacy                 
  protected  without having  to pay extra  for not  having the                 
  service.                                                                     
                                                                               
  TOM ROY, Executive  Director, Alaska Telephone  Association,                 
  said that the telephone industry stands in the  forefront of                 
  privacy  protection.  He said they wouldn't allow any entity                 
  to suffer unduly from any service they provide them.                         
                                                                               
  TAPE 93-30, SIDE B                                                           
  Number 580                                                                   
                                                                               
  He asked if every new service or feature would be subject to                 
  legislative  treatment  the  way this  one  has,  before the                 
  telephone industry can even propose delivery.  He  said they                 
  also have to answer to the APUC.                                             
                                                                               
  MR.  ROY said  a recent  survey conducted  by the  Anchorage                 
  Telephone Utilities  said 80.3  percent  of their  customers                 
  believed they had the right to  view the telephone number of                 
  the caller before answering the phone.                                       
                                                                               
  If this bill does move forward, the telephone utilities have                 
  no problem  with blocking on  a per call  basis or per  line                 
  blocking.  They asked, however, to insert the word "initial"                 
                                                                               
                                                                               
  after the "without" on line 7.  He explained that experience                 
  in other states has taught them that people move  in and out                 
  of line  blocking  and there  is an  administrative cost  to                 
  allowing frequent movement  which they would like  to charge                 
  for.    They would  like to  be  able to  charge  a standard                 
  service  fee for  line blocking  the second  and third  time                 
  around.                                                                      
                                                                               
  Number 532                                                                   
                                                                               
  SENATOR SALO asked if they couldn't  charge a fee for opting                 
  back into the service after you had opted out.  MR. ROY said                 
  they would like  to charge  for the second  and third  times                 
  around.                                                                      
                                                                               
  SENATOR RIEGER asked  why there is  so much movement in  and                 
  out of  line blocking.  MR.  ROY said people who  have their                 
  lines blocked  don't  realize how  much  trouble it  is  and                 
  change their minds.                                                          
                                                                               
  SENATOR  LINCOLN asked how  blocking was reversed.   MR. ROY                 
  explained a  technician would  have  to go  to the  "central                 
  office" and reprogram that  number.  It would take  about 20                 
  minutes.                                                                     
                                                                               
  SENATOR SHARP asked if he  knew of any other place  that had                 
  statutory regulation of service offered by a utility instead                 
  of going to the  APUC.  MR. ROY said he  didn't know of any,                 
  although  there probably  was.   He added  that before  they                 
  offer caller  I.D.,  they have  to  go through  a  tariffing                 
  process that will last  at least 90 days.  If  the APUC does                 
  their job well,  they will have to prove every facet of that                 
  tariff.  The public has ample opportunity during those times                 
  to have all the input they want.                                             
                                                                               
  SENATOR SALO asked if people could  testify to the APUC that                 
  Alaska doesn't want the service at all.  He answered yes.                    
                                                                               
  SENATOR SALO asked what the charge was going to be.  MR. ROY                 
  said it would be an average of  $4.50 per month to $6.95 per                 
  month.                                                                       
                                                                               
  Number 392                                                                   
                                                                               
  CINDY SMITH, Alaska  Network on  Domestic Violence &  Sexual                 
  Assault, said  that  13  states offer  free  per  line  call                 
  blocking.  About  five states have regulated  by statute the                 
  introduction of caller I.D. primarily  because it is such  a                 
  major change in the  type of service that  you get from  the                 
  phone company  and the privacy  issues that result  from it.                 
  She said the market is very small for this service and seems                 
  to be commercial.                                                            
                                                                               
  The Alaska  Network on  Domestic Violence  & Sexual  Assault                 
                                                                               
                                                                               
  relies very  heavily on  volunteers and  phone contact  with                 
  victims.   They would need to  be able to block their number                 
  so as  not to endanger a client.   They support the bill and                 
  think  it  is real  important for  the  safety of  women and                 
  children.                                                                    
                                                                               
  SENATOR SALO said that people should not have to pay for not                 
  having a service.                                                            
                                                                               
  SENATOR SHARP  said he  thought the  APUC should handle  the                 
  whole issue.   He is  against statutory regulations  for any                 
  services.                                                                    
                                                                               
  SENATOR RIEGER said  he didn't see  how the bill would  hurt                 
  anything.                                                                    
                                                                               
  SENATOR  LINCOLN   said  she  supported  the   bill  without                 
  "initial" in it.                                                             
                                                                               
  Number 292                                                                   
                                                                               
  SENATOR SHARP asked if the APUC has this scheduled.  MR. ROY                 
  said the APUC is  accepting comments on it, but that  is all                 
  they have done.                                                              
                                                                               
  SENATOR KELLY  said he wanted assurance  from Representative                 
  Brown that she wouldn't allow this to turn into a phone wars                 
  bill before going further with it.                                           
  SENATOR KELLY announced SSHB  196 (STATE EMPLOYMENT VETERANS                 
  PREFERENCE) to be up for consideration.                                      
                                                                               
  GEORGE  DOZIER,  Legislative  Aide  to Representative  Kott,                 
  commented  on  the  bill.    He  said  HB  196  removes  the                 
  limitation on the  use of the  points.  It has  overwhelming                 
  support in the House.                                                        
                                                                               
  SENATOR  RIEGER  asked  if  this  says  a   veteran  gets  a                 
  preference over  non-state employees,  but not  a preference                 
  over state  employees.   MR. DOZIER  said it  does not  mean                 
  that.  It  has the effect of  culling out the use  of points                 
  for promotion purposes.                                                      
                                                                               
  Number 122                                                                   
                                                                               
  SENATOR SHARP  moved to  pass SSHB  196 from  committee with                 
  individual recommendations.  There were no objections and it                 
  was so ordered.                                                              
  SENATOR KELLY adjourned the meeting at 4:25 p.m.                             

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