Legislature(2007 - 2008)BELTZ 211

04/01/2008 01:30 PM LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 295 CLINICAL LABORATORY SCIENCE PROFESSIONALS TELECONFERENCED
Heard & Held
+ HB 295 RECORDED OR FILED DOCUMENTS TELECONFERENCED
Heard & Held
+ HB 379 CPA EDUCATION REQUIREMENTS TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
= SB 118 PLASTIC BAG FEE; ESTABLISH LITTER FUND
Moved CSSB 118(L&C) Out of Committee
= HB 357 CLAIMS AGAINST REAL ESTATE LICENSEES
Moved CSHB 357(L&C) Out of Committee
= HB 413 EXTENDING THE REAL ESTATE COMMISSION
Moved HB 413 Out of Committee
= SB 77 USING UNION DUES FOR POLITICAL PURPOSES
Failed To Move Out Of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
          SENATE LABOR AND COMMERCE STANDING COMMITTEE                                                                        
                         April 1, 2008                                                                                          
                           2:13 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Johnny Ellis, Chair                                                                                                     
Senator Gary Stevens, Vice Chair                                                                                                
Senator Bettye Davis                                                                                                            
Senator Con Bunde                                                                                                               
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Lyman Hoffman                                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 118                                                                                                             
"An  Act   establishing  a  fee   for  disposable   plastic  bags                                                               
distributed by retail  sellers of goods or  services to consumers                                                               
to  carry away  or  protect goods;  and  establishing the  Alaska                                                               
litter and marine debris reduction and recycling fund."                                                                         
     MOVED CSSB 118(L&C) OUT OF COMMITTEE                                                                                       
                                                                                                                                
SENATE BILL NO. 77                                                                                                              
"An  Act  prohibiting  use  of agency  shop  fees  for  political                                                               
contributions or expenditures."                                                                                                 
     FAILED TO MOVE SB 77 OUT OF COMMITTEE                                                                                      
                                                                                                                                
CS FOR HOUSE BILL NO. 357(L&C)                                                                                                  
"An Act requiring errors and  omissions insurance for real estate                                                               
licensees;  renaming the  real  estate surety  fund  as the  real                                                               
estate recovery  fund and relating  to that fund,  and redefining                                                               
the procedures  and criteria used  by the Real  Estate Commission                                                               
to  make an  award from  the fund  to a  person suffering  a loss                                                               
caused by certain misconduct of  real estate licensees; requiring                                                               
a real  estate licensee to maintain  an office in the  state; and                                                               
providing for an effective date."                                                                                               
     MOVED CSHB 357(L&C) OUT OF COMMITTEE                                                                                       
                                                                                                                                
HOUSE BILL NO. 413                                                                                                              
"An  Act  extending the  termination  date  for the  Real  Estate                                                               
Commission; and providing for an effective date."                                                                               
     MOVED HB 413 OUT OF COMMITTEE                                                                                              
                                                                                                                                
HOUSE BILL NO. 379                                                                                                              
"An Act relating to educational requirements for licensure as a                                                                 
certified public accountant."                                                                                                   
     HEARD AND HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 295                                                                                                             
"An Act relating to the licensing of clinical laboratory science                                                                
professionals; and providing for an effective date."                                                                            
     HEARD AND HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 295                                                                                                              
"An  Act relating  to the  filing or  recording of  documents and                                                               
records  with  the  Department   of  Natural  Resources,  to  the                                                               
inspection and  copying of filed  and recorded documents,  and to                                                               
the  filing  of secured  transaction  records  under the  Uniform                                                               
Commercial Code; and providing for an effective date."                                                                          
     HEARD AND HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 118                                                                                                                  
SHORT TITLE: PLASTIC BAG FEE; ESTABLISH LITTER FUND                                                                             
SPONSOR(s): SENATOR(s) ELTON                                                                                                    
                                                                                                                                
03/14/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/14/07       (S)       L&C, RES, FIN                                                                                          
04/26/07       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
04/26/07       (S)       Heard & Held                                                                                           
04/26/07       (S)       MINUTE(L&C)                                                                                            
05/01/07       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
05/01/07       (S)       Heard & Held                                                                                           
05/01/07       (S)       MINUTE(L&C)                                                                                            
03/27/08       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/27/08       (S)       Scheduled But Not Heard                                                                                
                                                                                                                                
BILL: SB  77                                                                                                                  
SHORT TITLE: USING UNION DUES FOR POLITICAL PURPOSES                                                                            
SPONSOR(s): SENATOR(s) BUNDE                                                                                                    
                                                                                                                                
02/09/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/09/07       (S)       STA                                                                                                    
02/12/07       (S)       L&C REFERRAL ADDED AFTER STA                                                                           
02/07/08       (S)       STA AT 9:00 AM BELTZ 211                                                                               
02/07/08       (S)       Moved SB 77 Out of Committee                                                                           
02/07/08       (S)       MINUTE(STA)                                                                                            
02/08/08       (S)       STA RPT  4DP                                                                                           
02/08/08       (S)       DP: MCGUIRE, STEVENS, BUNDE, GREEN                                                                     
03/25/08       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/25/08       (S)       Heard & Held                                                                                           
03/25/08       (S)       MINUTE(L&C)                                                                                            
                                                                                                                                
BILL: HB 357                                                                                                                  
SHORT TITLE: CLAIMS AGAINST REAL ESTATE LICENSEES                                                                               
SPONSOR(s): LABOR & COMMERCE BY REQUEST                                                                                         
                                                                                                                                
02/06/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/06/08       (H)       L&C, FIN                                                                                               
02/11/08       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
02/11/08       (H)       Heard & Held                                                                                           
02/11/08       (H)       MINUTE(L&C)                                                                                            
02/22/08       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
02/22/08       (H)       -- MEETING CANCELED --                                                                                 
03/03/08       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
03/03/08       (H)       Moved CSHB 357(L&C) Out of Committee                                                                   
03/03/08       (H)       MINUTE(L&C)                                                                                            
03/04/08       (H)       L&C RPT CS(L&C) 3DP 2NR 2AM                                                                            
03/04/08       (H)       DP: GATTO, RAMRAS, OLSON                                                                               
03/04/08       (H)       NR: BUCH, NEUMAN                                                                                       
03/04/08       (H)       AM: GARDNER, LEDOUX                                                                                    
03/11/08       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/11/08       (H)       Scheduled But Not Heard                                                                                
03/12/08       (H)       FIN RPT CS(L&C) 5DP 3NR                                                                                
03/12/08       (H)       DP: HAWKER, CRAWFORD, THOMAS, MEYER,                                                                   
                         CHENAULT                                                                                               
03/12/08       (H)       NR: NELSON, KELLY, STOLTZE                                                                             
03/12/08       (H)       FIN AT 8:30 AM HOUSE FINANCE 519                                                                       
03/12/08       (H)       Scheduled But Not Heard                                                                                
03/12/08       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/12/08       (H)       Moved Out of Committee                                                                                 
03/12/08       (H)       MINUTE(FIN)                                                                                            
03/26/08       (H)       TRANSMITTED TO (S)                                                                                     
03/26/08       (H)       VERSION: CSHB 357(L&C)                                                                                 
03/27/08       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/27/08       (S)       L&C                                                                                                    
03/27/08       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/27/08       (S)       Heard & Held                                                                                           
03/27/08       (S)       MINUTE(L&C)                                                                                            
                                                                                                                                
BILL: HB 413                                                                                                                  
SHORT TITLE: EXTENDING THE REAL ESTATE COMMISSION                                                                               
SPONSOR(s): LABOR & COMMERCE                                                                                                    
                                                                                                                                
02/20/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/20/08       (H)       L&C, FIN                                                                                               
02/25/08       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
02/25/08       (H)       Moved Out of Committee                                                                                 
02/25/08       (H)       MINUTE(L&C)                                                                                            
02/27/08       (H)       L&C RPT 5DP                                                                                            
02/27/08       (H)       DP: GARDNER, BUCH, NEUMAN, LEDOUX,                                                                     
                         OLSON                                                                                                  
03/03/08       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/03/08       (H)       Moved Out of Committee                                                                                 
03/03/08       (H)       MINUTE(FIN)                                                                                            
03/04/08       (H)       FIN RPT 3DP 6NR                                                                                        
03/04/08       (H)       DP: CRAWFORD, NELSON, MEYER                                                                            
03/04/08       (H)       NR: HAWKER, STOLTZE, JOULE, THOMAS,                                                                    
                        KELLY, CHENAULT                                                                                         
03/10/08       (H)       TRANSMITTED TO (S)                                                                                     
03/10/08       (H)       VERSION: HB 413                                                                                        
03/12/08       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/12/08       (S)       L&C, FIN                                                                                               
03/27/08       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/27/08       (S)       Heard & Held                                                                                           
03/27/08       (S)       MINUTE(L&C)                                                                                            
                                                                                                                                
BILL: HB 379                                                                                                                  
SHORT TITLE: CPA EDUCATION REQUIREMENTS                                                                                         
SPONSOR(s): REPRESENTATIVE(s) HAWKER                                                                                            
                                                                                                                                
02/19/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/19/08       (H)       L&C, FIN                                                                                               
02/25/08       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
02/25/08       (H)       Moved Out of Committee                                                                                 
02/25/08       (H)       MINUTE(L&C)                                                                                            
02/27/08       (H)       L&C RPT 6DP                                                                                            
02/27/08       (H)       DP: GARDNER, LEDOUX, BUCH, NEUMAN,                                                                     
                         GATTO, OLSON                                                                                           
03/03/08       (H)       FIN REFERRAL WAIVED                                                                                    
03/12/08       (H)       TRANSMITTED TO (S)                                                                                     
03/12/08       (H)       VERSION: HB 379                                                                                        
03/14/08       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/14/08       (S)       L&C                                                                                                    
04/01/08       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
                                                                                                                                
BILL: SB 295                                                                                                                  
SHORT TITLE: CLINICAL LABORATORY SCIENCE PROFESSIONALS                                                                          
SPONSOR(s): HEALTH, EDUCATION & SOCIAL SERVICES                                                                                 
                                                                                                                                
02/27/08       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/27/08       (S)       L&C, FIN                                                                                               
04/01/08       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
                                                                                                                                
BILL: HB 295                                                                                                                  
SHORT TITLE: RECORDED OR FILED DOCUMENTS                                                                                        
SPONSOR(s): REPRESENTATIVE(s) LYNN                                                                                              
                                                                                                                                
01/04/08       (H)       PREFILE RELEASED 1/4/08                                                                                
01/15/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/15/08       (H)       L&C, RES                                                                                               
02/15/08       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
02/15/08       (H)       Moved Out of Committee                                                                                 
02/15/08       (H)       MINUTE(L&C)                                                                                            
02/19/08       (H)       L&C RPT 4DP                                                                                            
02/19/08       (H)       DP: NEUMAN, BUCH, GARDNER, OLSON                                                                       
02/27/08       (H)       RES REFERRAL WAIVED                                                                                    
03/17/08       (H)       TRANSMITTED TO (S)                                                                                     
03/17/08       (H)       VERSION: HB 295                                                                                        
03/18/08       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/18/08       (S)       L&C                                                                                                    
04/01/08       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR ELTON                                                                                                                   
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Sponsor of SB 118.                                                                                        
                                                                                                                                
ELEANOR WOLFE                                                                                                                   
Staff to Representative Kurt                                                                                                    
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Commented on HB 357.                                                                                      
                                                                                                                                
REPRESENTATIVE MIKE HAWKER                                                                                                      
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Sponsor of HB 379.                                                                                        
                                                                                                                                
MAX MERTZ, Chair                                                                                                                
Board of Accountancy                                                                                                            
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Supported HB 379.                                                                                         
                                                                                                                                
DON BURRELL                                                                                                                     
Staff to Senator Davis                                                                                                          
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Commented on SB 295 for the sponsor.                                                                      
                                                                                                                                
JENNIFER STRICKLER, Licensing Chief                                                                                             
Division of Corporations,  Businesses and Professional Licensing,                                                               
Department of Commerce, Community & Economic Development                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Didn't support SB 295 as written.                                                                         
                                                                                                                                
NANCY MANLEY                                                                                                                    
Staff to Representative Lynn                                                                                                    
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Sponsor or HB 295.                                                                                        
                                                                                                                                
VICKY BACCHUS                                                                                                                   
State Recorder                                                                                                                  
Department of Natural Resources (DNR)                                                                                           
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Supported HB 295.                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR JOHNNY ELLIS called the  Senate Labor and Commerce Standing                                                             
Committee meeting to order at 2:13:14  PM. Present at the call to                                                             
order were Senators Davis, Stevens, and Ellis.                                                                                  
                                                                                                                                
         SB 118-PLASTIC BAG FEE; ESTABLISH LITTER FUND                                                                      
                                                                                                                              
2:14:03 PM                                                                                                                    
CHAIR ELLIS announced SB 118 to be up for consideration.                                                                        
                                                                                                                                
SENATOR ELTON, sponsor  of SB 118, explained that  SB 118 employs                                                               
the notion that if you can  tax behavior, you can change it. This                                                               
bill  was  not  introduced  to  raise  revenues,  but  to  change                                                               
behavior by establishing  a 15 cent tax on plastic  bags. He also                                                               
supported the CS that  phases the tax in at a  nickel a year over                                                               
three years.                                                                                                                    
                                                                                                                                
2:14:27 PM                                                                                                                    
SENATOR BUNDE joined the committee.                                                                                             
                                                                                                                                
SENATOR  ELTON said  this was  adopted  from an  idea in  Ireland                                                               
where a 20 cent tax cut use of plastic bags by about 90 percent.                                                                
                                                                                                                                
CHAIR  ELLIS   asked  if  his   intent  was  to  just   keep  the                                                               
conversation going  since this bill would  have a long way  to go                                                               
to get into law.                                                                                                                
                                                                                                                                
SENATOR  ELTON  replied  yes;  part   of  it  is  initiating  the                                                               
discussion. He has  received 617 signatures, a lot  of emails, 37                                                               
letters and  phone calls in  support of  SB 118. He  has received                                                               
four letters, two  from the American Chemistry  Council, and four                                                               
POMs opposing it.                                                                                                               
                                                                                                                                
SENATOR STEVENS  moved to adopt  CSSB 118(L&C), version  M. There                                                               
were no objections and it was so ordered.                                                                                       
                                                                                                                                
SENATOR STEVENS asked if using paper  bags is so much better than                                                               
plastic.                                                                                                                        
                                                                                                                                
SENATOR ELTON  answered yes,  but every  carrying device  has its                                                               
down side. Plastic doesn't biodegrade  over time and it creates a                                                               
huge  problem  especially  in the  marine  environment  where  it                                                               
causes considerable harm to marine mammals and fish.                                                                            
                                                                                                                                
SENATOR  BUNDE  asked  if biodegradable  plastic  bags  would  be                                                               
covered.                                                                                                                        
                                                                                                                                
SENATOR ELTON  answered no. Section 1  on page 2 of  the CS notes                                                               
exceptions  and   includes  biodegradable   types  of   bags.  He                                                               
mentioned that  some rural villages  have already  banned plastic                                                               
bags.                                                                                                                           
                                                                                                                                
SENATOR BUNDE said his concern is  that some people can afford to                                                               
be environmentally conscious and he  asked how this affects lower                                                               
income communities.                                                                                                             
                                                                                                                                
2:21:04 PM                                                                                                                    
SENATOR ELTON  answered that many  communities pick up  dog waste                                                               
now;  it just  takes  time.  Fred Meyer  is  giving  a refund  to                                                               
customers for bringing their own bags.                                                                                          
                                                                                                                                
2:22:04 PM                                                                                                                    
SENATOR  STEVENS moved  to report  CSSB 118(L&C)  version M  from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s). There were no objections and it was so ordered.                                                                        
                                                                                                                                
         SB  77-USING UNION DUES FOR POLITICAL PURPOSES                                                                     
                                                                                                                                
2:23:47 PM                                                                                                                    
CHAIR ELLIS announced consideration of SB 77.                                                                                   
                                                                                                                                
SENATOR BUNDE,  sponsor of  SB 77, explained  the purpose  of the                                                               
bill is prohibiting unauthorized use  of agency fees (union dues)                                                               
for  political  reasons. An  agency  fee  is  a  fee paid  to  an                                                               
organization by a non-union member.  This bill would require that                                                               
the employee  would have to  "opt in" or choose  affirmatively to                                                               
have his or  her dues used for the  specific purposes. Currently,                                                               
if the  member disagrees with  an activity,  he can go  through a                                                               
fairly complicated  procedure to get reimbursed  for that portion                                                               
of his agency fee that was used for the political activity.                                                                     
                                                                                                                                
SENATOR  BUNDE  moved  to  report   SB  77  from  committee  with                                                               
individual recommendations and attached fiscal note(s).                                                                         
                                                                                                                                
CHAIR  ELLIS  objected  and  asked   if  a  public  employee  was                                                               
available to testify.                                                                                                           
                                                                                                                                
SENATOR BUNDE  replied that  he was referring  to a  concern that                                                               
this was  going to be  a yearly  opt-in procedure, but  it's only                                                               
once at the beginning of  a person's employment.                                                                                
                                                                                                                                
SENATOR STEVENS  said it seems  that it  is an issue  of fairness                                                               
and one should be able to choose how one's money is used.                                                                       
                                                                                                                                
A  roll call  vote was  taken. Senators  Bunde and  Stevens voted                                                               
yea; Senators Davis and Ellis voted  nay; so SB 77 failed to move                                                               
from committee.                                                                                                                 
                                                                                                                                
       CSHB 357(L&C)-CLAIMS AGAINST REAL ESTATE LICENSEES                                                                   
                                                                                                                              
2:27:02 PM                                                                                                                    
CHAIR ELLIS announced CSHB 357(L&C) to be up for consideration.                                                                 
                                                                                                                                
SENATOR BUNDE  said he  heard from a  small real  estate business                                                               
operator that he was quoted as  much as $700 for E&O coverage and                                                               
previous  testimony from  the sponsor  said  it would  be only  a                                                               
couple of hundred dollars.                                                                                                      
                                                                                                                                
ELEANOR WOLFE, staff  to Representative Kurt Olson  and the House                                                               
Labor  and Commerce  Committee,  explained  that individuals  who                                                               
have  been quoted  individually have  run into  very high  rates.                                                               
That is  why this  would become  a small  group and  the existing                                                               
brokers who  have insurance  could go  with this  organization if                                                               
they choose  to do so.  The approximately 40 percent  that aren't                                                               
covered now would be able to  be covered at $100,000 per year for                                                               
$200.  Most brokers  are carrying  over  $1 million  and a  whole                                                               
bunch of extras that aren't included in this policy.                                                                            
                                                                                                                                
2:29:15 PM                                                                                                                    
SENATOR BUNDE moved  to report CSHB 357(L&C)  from committee with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
were no objections and it was so ordered.                                                                                       
                                                                                                                                
          HB 413-EXTENDING THE REAL ESTATE COMMISSION                                                                       
                                                                                                                              
2:29:45 PM                                                                                                                    
CHAIR ELLIS announced HB 413 to  be up for consideration. He said                                                               
it  comports  with  recommendations from  the  Legislative  Audit                                                               
division.                                                                                                                       
                                                                                                                                
SENATOR  STEVENS  moved to  report  HB  413 from  committee  with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
were no objections and it was so ordered.                                                                                       
                                                                                                                                
               HB 379-CPA EDUCATION REQUIREMENTS                                                                            
                                                                                                                              
2:30:23 PM                                                                                                                    
CHAIR ELLIS announced HB 379 to be up for consideration.                                                                        
                                                                                                                                
REPRESENTATIVE  MIKE HAWKER,  sponsor  of HB  379 explained  that                                                               
this measure  is really  a piece  of ministerial  legislation. In                                                               
2006  the legislature  passed a  fairly  substantial updating  of                                                               
Alaska framework  for licensing  of certified  public accountants                                                               
                                                   st                                                                           
(CPA).  The state  is moving  slowing into  the  21  Century  and                                                               
being in  conformance with a  consistent best  practices approach                                                               
across  the   nation  for  the  licensing   of  certified  public                                                               
accountants.                                                                                                                    
                                                                                                                                
One  of the  adopted provisions  was  a change  in the  education                                                               
requirements to receive a CPA  certificate. Prior to the adoption                                                               
of  the changes  two  years ago,  a person  could  receive a  CPA                                                               
certificate  if  they  passed the  examination  and  met  certain                                                               
experience  requirements,   but  at  issue  are   the  scholastic                                                               
requirements. Prior  to passage of  the bills, the state  had two                                                               
acceptable  methods to  satisfy the  education requirements.  One                                                               
was that an individual had  an accounting degree and subsequently                                                               
spent two  years working under appropriate  conditions supervised                                                               
as  an  accountant.  Alternatively  the state  would  accept  any                                                               
degree, such  as an MBA or  Finance, from someone who  had worked                                                               
for  three  years  and  had  an  additional  year  of  experience                                                               
substituting  for  the  specific  accounting  degree.  That  bill                                                               
eliminated the three-year-of-any-degree  provision and said CPA's                                                               
really  should have  an accounting  degree -  without a  doubt an                                                               
excellent practice.  The new educations requirements  took effect                                                               
on January 1,  2008; however they didn't  take into consideration                                                               
the  number  of accountants  who  had  graduated with  the  other                                                               
experience requirement prior  to that date and were  working on a                                                               
three-year experience program under  supervision. Those folks are                                                               
denied the  ability to  receive a  CPA certificate  without going                                                               
back and getting an accounting  degree. This measure grandfathers                                                               
them in and  allows them to continue  their three-year experience                                                               
program without  having a specific accounting  degree. This issue                                                               
was brought to him by the Alaska State Board of Accountancy.                                                                    
                                                                                                                                
2:34:44 PM                                                                                                                    
MAX MERTZ, Chair,  Board of Accountancy, supported HB  379. It is                                                               
very  timely as  the  board  is in  the  process of  promulgating                                                               
regulations.                                                                                                                    
                                                                                                                                
CHAIR ELLIS said he was committed  to holding HB 379 for a second                                                               
hearing.                                                                                                                        
                                                                                                                                
        SB 295-CLINICAL LABORATORY SCIENCE PROFESSIONALS                                                                    
                                                                                                                              
2:37:21 PM                                                                                                                    
CHAIR ELLIS announced SB 295 to be up for consideration.                                                                        
                                                                                                                                
DON BURRELL, staff to Senator Davis,  sponsor of SB 295, read the                                                               
sponsor statement.  He explained that this  measure establishes a                                                               
voluntary   advisory  board   of   clinical  laboratory   science                                                               
professionals to  assist the Department of  Commerce, Community &                                                               
Economic  Development  in  identifying  acceptable  credentialing                                                               
agencies and  determine which laboratory tests  would be included                                                               
in the waived category.                                                                                                         
                                                                                                                                
MR. BURRELL said  the advisory board would review  the FDA's list                                                               
of  waive  tests  and  make  recommendations  to  the  department                                                               
concerning  which  tests should  be  in  the waive  category.  He                                                               
explained:                                                                                                                      
                                                                                                                                
     Clinical    laboratory   science    professionals   and                                                                    
     radiologic  technologists are  two of  the health  care                                                                    
     professionals not  licensed by the state.  According to                                                                    
     the  Institute of  Medicine 70  percent of  all medical                                                                    
     decisions  are  based  on diagnostic  testing.  If  the                                                                    
     individuals collecting  the samples and  performing the                                                                    
     diagnostic testing  are not qualified,  the information                                                                    
     used  by  the  physician  to diagnose  or  treat  their                                                                    
     patients may be  incorrect. Clinical laboratory science                                                                    
     professionals and radiologic  technologists perform the                                                                    
     majority  of the  diagnostic testing.  Certification of                                                                    
     the  clinical  laboratory  professionals  ensures  that                                                                    
     qualified   professionals  are   performing  diagnostic                                                                    
     testing.  By  licensing   clinical  laboratory  science                                                                    
     professionals    and   requiring    certification   and                                                                    
     participation  in  certification  maintenance  programs                                                                    
     for licensure and renewal, we  can ensure the qualified                                                                    
     professionals  are  performing the  diagnostic  testing                                                                    
     while controlling the licensing costs.                                                                                     
                                                                                                                                
SENATOR STEVENS asked how many of these folks are in the state.                                                                 
                                                                                                                                
MR. BURRELL answered approximately 400.                                                                                         
                                                                                                                                
SENATOR BUNDE asked if this  focuses on people who administer the                                                               
test, not  those who diagnose  possible illness from  the results                                                               
of the test.                                                                                                                    
                                                                                                                                
MR. BURRELL answered yes.                                                                                                       
                                                                                                                                
2:40:45 PM                                                                                                                    
JENNIFER  STRICKLER, Licensing  Chief, Division  of Corporations,                                                               
Businesses  and Professional  Licensing, Department  of Commerce,                                                               
Community  &  Economic  Development,  didn't support  SB  295  as                                                               
written. Although it  is up to the legislature  to decide whether                                                               
this  new industry  should be  licensed or  not, she  had serious                                                               
concerns.  First  it creates  a  new  Chapter  30 under  Title  8                                                               
Professions  and  Occupations,  but it  doesn't  include  Section                                                               
08.30  under Section  08.01, which  is the  Centralized Licensing                                                               
Act. This Act contains the  statutes that give her department the                                                               
administrative  duties and  powers to  do things  like issue  and                                                               
sanction  licenses, establish  fees,  adopt regulations,  conduct                                                               
investigations and hold hearings.                                                                                               
                                                                                                                                
Second,  SB  295  establishes a  five-member  volunteer  advisory                                                               
board of  clinical laboratory science professionals  appointed by                                                               
the governor  and therefore would  be subject to  confirmation by                                                               
the legislature under AS 39.05,  but it doesn't provide the board                                                               
per  diem  and transportation  expenses  as  directed in  Section                                                               
(1)(d) on page 2, lines 6-8. This might not be legal.                                                                           
                                                                                                                                
MS.  STRICKLER  said the  volunteer  advisory  board is  not  the                                                               
subject of a sunset review  process under AS 08.03 and therefore,                                                               
while the process to establish  the board is established like any                                                               
other  regulatory  board,  she  didn't know  if  this  board  was                                                               
intended to exist continuously without legislative oversight.                                                                   
                                                                                                                                
2:43:10 PM                                                                                                                    
MS.  STRICKLER said  under the  duties  of the  board in  Section                                                               
08.30.030 on  page 2, lines  14-16, the  board's responsibilities                                                               
are limited  to only two items.  Number one would be  to identify                                                               
credentialing   agencies   or   organizations   and,   from   her                                                               
information, there are three  known organizations affiliated with                                                               
this group.  Her second concern  was to identify  what laboratory                                                               
tests should  be defined  as waive tests  for this  industry, she                                                               
would need a board to assist with that because she has no idea.                                                                 
                                                                                                                                
Her  fifth item  concerned  Section 08.30.080,  on  page 4,  that                                                               
specified the duration of a license  was for three years or until                                                               
it is relinquished. However, she  said, all other licenses within                                                               
the division  are issued for  two years  on a biennium  cycle. If                                                               
this bill  were to be  subject to the Centralized  Licensing Act,                                                               
it would  go to a two-year  duration. If it's not  subject to the                                                               
Act  and stays  on  a  three-year cycle,  it  would  be the  only                                                               
program  with  a  three-year  license. She  also  felt  the  word                                                               
"relinquished"   should  be   changed   to   "lapsed"  just   for                                                               
standardization  of  licensing  terms.   Most  people  let  their                                                               
licensing lapse and choose not to renew.                                                                                        
                                                                                                                                
2:44:44 PM                                                                                                                    
Last, she  mentioned that Section  08.30.090, Article 3,  on page                                                               
4,  line 27,  provides  the grounds  for  denial or  disciplinary                                                               
sanctions, but  it doesn't give  the department the  authority to                                                               
investigate or  to provide due  process under  the Administrative                                                               
Procedures Act of  AS 44.62, which would normally  be provided if                                                               
the chapter was subject to Section 08.01.                                                                                       
                                                                                                                                
MR. BURRELL added that SB 295  has two fiscal notes, one from the                                                               
Department  Of  Administration and  one  from  the Department  of                                                               
Commerce,  Community &  Economic Development  and they  indicated                                                               
one part  time staff would be  needed to oversee the  400 members                                                               
of this particular profession.                                                                                                  
                                                                                                                                
2:49:11 PM                                                                                                                    
SENATOR BUNDE said based on  the administration's testimony, this                                                               
bill isn't ready for prime time yet.                                                                                            
                                                                                                                                
SENATOR STEVENS asked Mr. Burrell if per diem was provided.                                                                     
                                                                                                                                
MR. BURRELL answered no.                                                                                                        
                                                                                                                                
CHAIR ELLIS said SB 295 would be held for further work.                                                                         
                                                                                                                                
               HB 295-RECORDED OR FILED DOCUMENTS                                                                           
                                                                                                                              
2:50:53 PM                                                                                                                    
CHAIR ELLIS announced HB 295 to be up for consideration.                                                                        
                                                                                                                                
NANCY MANLEY,  staff to Representative  Lynn, sponsor or  HB 295,                                                               
related that advancing technology  improvements in the Recorder's                                                               
Office are reaching  the point to allow instant  recording and HB                                                               
295 cleans  up the statutes  to allow  this to happen.  It amends                                                               
three  areas  in  statute  to   enable  the  return  of  original                                                               
documents to  the presenter at  the time of recording,  to ensure                                                               
that  all  required  recording  information  is  located  on  the                                                               
document,  to delete  references to  film or  scanning the  daily                                                               
recordings,  to remove  references  to court  authority over  the                                                               
Recorder's Office,  and updates  UCC forms referenced  in statute                                                               
to  conform with  national  standards. She  said  this bill  also                                                               
requires that documents presented  for recording contain the name                                                               
of  the  recording  district  in  which the  document  is  to  be                                                               
recorded. Currently this information  may be provided verbally or                                                               
in a cover letter.                                                                                                              
                                                                                                                                
MS. MANLEY said  her office was asked to introduce  this bill for                                                               
the Recorder's Office and that office would answer questions.                                                                   
                                                                                                                                
2:52:26 PM                                                                                                                    
VICKY BACCHUS,  State Recorder,  Department of  Natural Resources                                                               
(DNR), supported  HB 295.  She said it  has cleanup  language for                                                               
the Recorder's  Office and  gets the  state ready  for electronic                                                               
recording. To do  that she needs to be able  to return a document                                                               
immediately to  the presenter after  it has been  recorded. Right                                                               
now  the statute  requires her  to  return the  documents to  the                                                               
person identified within the document.                                                                                          
                                                                                                                                
2:53:38 PM                                                                                                                    
MS.  BACCHUS   said  she  also  wanted   all  required  recording                                                               
information on the  document itself. Right now the  only piece of                                                               
recording information that is not  required to be on the document                                                               
is  the  identification  of  the   recording  district  and  this                                                               
information can be  given verbally or in a cover  letter. When it                                                               
is given to her that way, she has  to retain it and save it so if                                                               
the question  ever comes up on  what district it was  supposed to                                                               
be recorded in, that record can  be accessed. So, HB 295 requires                                                               
the recording district information on the document itself.                                                                      
                                                                                                                                
She said  HB 295  also cleans up  a couple of  areas in  AS 40.25                                                               
that require  her to  provide facilities  for copying  the public                                                               
records by  removing reference  to being  under the  direction of                                                               
the Court System,  which the Recorder's Office  hasn't been since                                                               
1977. She  explained that the  requirement to  provide facilities                                                               
for  the filming  and copying  of the  public record  was put  in                                                               
place back  in the 70s or  early 80s when the  office had extreme                                                               
backlogs  in  indexing  and  filming of  the  daily  work.  Title                                                               
companies  got  together  and   determined  that  an  independent                                                               
company  would come  in and  film the  daily work  to provide  to                                                               
them.  Now in  the electronic  age, the  Recorder's Office  gives                                                               
electronic downloads  to all  of the title  companies on  a daily                                                               
basis; so that's not an issue any more.                                                                                         
                                                                                                                                
2:55:13 PM                                                                                                                    
MS. BACCHUS  said one of  the major updates  in HB 295  gives her                                                               
the ability to  reject UCC finance statements  that are submitted                                                               
on the  old forms that  are currently referenced in  the statutes                                                               
and  include a  space  for social  security  numbers. The  people                                                               
using those  forms feel compelled to  fill in all the  blanks, so                                                               
first they  put in their  social security numbers. Right  now she                                                               
is not  in a position to  reject them, because it  is in statute;                                                               
11 AAC  06.050 already provides for  DNR to designate a  UCC form                                                               
which is already  on the UCC website. It is  the current national                                                               
form that does not include a  space for a social security number.                                                               
She offered to answer questions.                                                                                                
                                                                                                                                
2:56:08 PM                                                                                                                    
SENATOR  BUNDE  asked  if  this  legislation  would  address  the                                                               
Recorder's backlog or has it been addressed.                                                                                    
                                                                                                                                
MS. BACCHUS  replied that  they haven't had  backlogs for  a long                                                               
time. Recorder's Offices in more  remote locations like Fairbanks                                                               
or  Juneau scan  documents  and provide  CDs  to their  customers                                                               
daily. She said  her office uses a file  transfer protocol (FTP),                                                               
which is a totally electronic  download, to get daily information                                                               
to her customers.                                                                                                               
                                                                                                                                
2:57:10 PM                                                                                                                    
CHAIR  ELLIS asked  how Alaska's  Recorder's  Offices compare  to                                                               
others in  other states and  if this bill  would bring her  up to                                                               
par with best practices in other states.                                                                                        
                                                                                                                                
MS. BACCHUS  answered that the State  of Alaska has a  lot better                                                               
recording system  than most other  states. Others  states usually                                                               
handle  recording  at  the  county level.  They  don't  have  the                                                               
ability to  have a  statewide search done  from one  source. Some                                                               
states   are  going   to  that,   but  their   counties  have   a                                                               
conglomeration  of  different   programs  and  systems.  Alaska's                                                               
recording   requirements  are   at  par   with  other   recording                                                               
jurisdictions  and so  are its  recording fees.  She said  Alaska                                                               
belongs to the Public Records  Industry Association (PRIA), which                                                               
sets the standard for recording and  all in all Alaska has better                                                               
access  to  its documents  with  its  retention and  preservation                                                               
programs.  All public  records of  the state  will available  for                                                               
research in digital form within the next three years.                                                                           
                                                                                                                                
CHAIR ELLIS asked about known opposition to the bill.                                                                           
                                                                                                                                
MS. BACCHUS answered she knew of no opposition.                                                                                 
                                                                                                                                
CHAIR ELLIS said  he would hold HB 295  for further consideration                                                               
in  the near  future. There  being  no further  business to  come                                                               
before the committee, he adjourned the meeting at 2:59:29 PM.                                                                 
                                                                                                                                
                                                                                                                                

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