Legislature(1999 - 2000)
05/06/1999 02:20 PM Senate L&C
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
SENATE LABOR AND COMMERCE COMMITTEE
May 6, 1999
2:20 P.M.
MEMBERS PRESENT
Senator Jerry Mackie, Chairman
Senator Tim Kelly, Vice Chairman
Senator Dave Donley
Senator Loren Leman
Senator Lyman Hoffman
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 79
"An Act relating to letters of credit under the Uniform Commercial
Code; and providing for an effective date."
-MOVED HB 79 OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 201(FIN) am
"An Act relating to the computation of overtime; and providing for
an effective date."
-HEARD AND HELD
HOUSE BILL NO. 208
"An Act relating to professional counselors; and providing for an
effective date."
-MOVED SCSHB 208(L&C)OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 146(JUD)
"An Act relating to civil liability for commercial recreational
activities; and providing for an effective date."
-MOVED SCSHB 146(L&C) OUT OF COMMITTEE
PREVIOUS SENATE COMMITTEE ACTION
HB 79 - No previous action to consider.
HB 201 - No previous action to consider.
HB 208 - No previous action to consider.
HB 146 - No previous action to consider.
WITNESS REGISTER
Representative Norm Rokeberg
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of HB 79 and HB 201.
Mr. Dwight Perkins, Deputy Commissioner
Department of Labor
P.O. Box 21149
Juneau, AK 99802-1149
POSITION STATEMENT: Supports HB 201.
Representative Lisa Murkowski
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of HB 208.
Ms. Catherine Reardon, Director
Division of Occupational Licensing
Department of Commerce and Economic Development
P.O. Box 110806
Juneau, AK 99811-0806
POSITION STATEMENT: Supports HB 208.
Ms. Kelly Sullivan
Aide to Representative Pete Kott
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on HB 146 for sponsor.
Mr. Dave Gray
Aide to Senator Jerry Mackie
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on HB 146.
Mr. Mike Windred
Alaska Travel Adventures
9085 Glacier Hwy
Juneau, AK 99801
POSITION STATEMENT: Supports HB 146.
ACTION NARRATIVE
TAPE 99-20, SIDE A
Number 001
HB 79-UNIFORM COMMERCIAL CODE:LETTERS OF CREDIT
CHAIRMAN MACKIE called the Senate Labor and Commerce Committee
meeting to order at 2:20 p.m. and announced HB 79 to be up for
consideration.
REPRESENTATIVE ROKEBERG, sponsor of HB 79, said 40 other states
have adopted similar legislation.
SENATOR DONLEY moved to pass HB 79 from committee with individual
recommendations. There were no objections and it was so ordered.
HB 201-OVERTIME COMPENSATION COMPUTATION
CHAIRMAN MACKIE announced HB 201 to be up for consideration.
REPRESENTATIVE ROKEBERG, sponsor of HB 201, said the bill was
drafted in response to a recent reinterpretation of how overtime is
computed under the Wage and Hour Act. Judge Weeks in the First
Judicial District determined that an individual can be paid twice
for overtime hours under a pyramid scheme. For example, if a
person worked 11 hours on a Monday and worked eight hours for the
balance of the week, the person would be paid for three hours of
overtime on Monday, and three hours of overtime for the week, for
a total of six hours of overtime.
COMMISSIONER CASHEN, Department of Labor, said the statute has
never been interpreted in that way. The intent of HB 201 is to
specifically overturn the intent language so it does not interpret
commerce and business activity in the State. It also has a
retrospective effect clause under the two year statute of
limitations. The Administration, organized labor, the Chamber of
Commerce, and every business organization in the State support this
bill.
MR. DWIGHT PERKINS, Department of Labor, testified that this
legislation does not change the way overtime has been calculated
since pre-statehood; it only clarifies current practice in statute.
CHAIRMAN MACKIE said he has not read the bill yet and wanted to
hold it since Labor and Commerce is the only committee of referral.
CHAIRMAN MACKIE announced HB 208 to be up for consideration.
REPRESENTATIVE LISA MURKOWSKI, sponsor, said HB 208 is a
housekeeping bill that was requested by the Board of Licensed
Professional Counselors and the Counseling Association. HB 208
defines the authority of the Board created in SB 331 last year. It
extends by six months the deadline for an individual to qualify to
become an eligible professional counselor. She noted that Ms.
Reardon would address some amendments.
Number 100
MS. CATHERINE REARDON, Division of Occupational Licensing, said the
first amendment adds to page 2, line 30, the language:
"has not had a license related to the practice of counseling,
psychology, marital and family therapy, or social work in this
or another jurisdiction suspended, revoked, limited or
surrendered in lieu of discipline unless the license has been
fully reinstated in that jurisdiction:".
Under the original bill an individual could not qualify if his/her
counseling license was suspended or revoked elsewhere. MS. REARDON
said, "Since we have a lot of allied mental health professions, we
didn't think we'd want someone who had their psychology license
revoked turning around and becoming a professional counselor any
more than we wanted to have someone with their professional
counselor license revoked coming to Alaska." The issue is that a
professional with a particular license could have his/her license
revoked in one profession and apply for a license in a very similar
profession.
MS. REARDON continued. New language was added to page 3 that
establishes the grounds for discipline or denial. It provides that
disciplinary action for other types of mental health licenses is
grounds for denial or discipline of a counseling license.
The last change is not substantive. The reference to licensed
psychiatrists was removed because they are not licensed separately
from physicians therefore the reference is redundant.
Number 222
SENATOR KELLY expressed concern that if a person's license was
suspended elsewhere and then cleared, but that person chose to move
to Alaska and get licensed, they could not under these terms
because they didn't get relicensed in the former state.
MS. REARDON said that is true, but there is a more frequent
situation where someone gets into trouble in another state and then
decides to move to Alaska to avoid a bad reputation.
SENATOR KELLY asked why "licensed psychiatrist" was deleted.
MS. REARDON explained that licensed psychiatrists were removed from
the list of professionals who can supervise the training of a
professional counselor. Both licensed physicians and licensed
psychiatrists were listed which is redundant because all
psychiatrists are physicians. She suggested removing the word
"limited" from the list of things that automatically disqualify an
applicant from getting a license. Denial of a license would then
be an option, not automatic.
REPRESENTATIVE MURKOWSKI said she had no problem taking it out.
SENATOR LEMAN moved to adopt SCSHB 208(L&C) as the working document
of the committee. There being no objection, it was so ordered.
SENATOR LEMAN moved to insert on page 3, line 11 "or nationally"
after "regionally." He explained some institutions have national
accreditation but not regional accreditation. The Alaska Commission
on Postsecondary Education treats them equally in regard to student
loans. He noted that would be consistent with previous legislative
action. There being no objection, it was so ordered.
SENATOR LEMAN moved to pass SCSHB 208(L&C) from committee with
individual recommendations. There were no objections and it was so
ordered.
HB 146-LIABILITY FOR COMMERCIAL REC ACTIVITIES
CHAIRMAN MACKIE announced HB 146 to be up for consideration.
MS. KELLY SULLIVAN, staff to Representative Kott, sponsor of HB
146, said the bill addresses specific guidelines for operators of,
and participants in, outdoor recreation activities to minimize the
possibility of accidents and, should an accident occur, the bill
helps determine who will held liable for the accident.
MS. SULLIVAN stated existing legal uncertainties have resulted in
high liability insurance costs which hurt small Alaskan businesses.
Representative Kott does not want to lose these businesses and he
wants to avoid frivolous, unfair, and unreasonable lawsuits.
MR. DAVE GRAY, staff to Senator Mackie, noted the legislative
drafter suggested adding a reference to AS 05.50.040 on page 3,
line 11, to clarify the issue.
SENATOR LEMAN moved to adopt SCSHB 146(L&C). There being no
objections, it was so ordered.
MR. MIKE WINDERD, Alaska Travel Adventures and president of the
local AVA chapter, said this is a very important subject to the
visitor industry as a whole. They have polled different business
organizations, including ARDA and a number of AVA chapters which
represent 95 percent of the recreational businesses in the State,
and they support this bill. SCSHB 146(L&C) sets out some of the
responsibilities of the participants on a tour and sets a higher
standard for operators of recreational tours. The primary concern
of businesses is nuisance lawsuits that usually equal the cost of
an insurance deductible and can be numerous and add up.
Number 390
SENATOR KELLY moved to pass SCSHB 146(L&C) as amended from
committee with individual recommendations. There were no objections
and it was so ordered.
CHAIRMAN MACKIE announced that the committee would take up the
confirmation of the Commissioner of Labor, and the confirmation of
the nominees for: the Alcohol Beverage Contol Board; the Labor
Relations Agency; the State Board of Registration for Architects,
Engineers and Land Surveyors; the Board of Chiropractic Examiners;
the Board of Dispensing Opticians; the Board of Marine Pilots; the
Board of Certified Real Estate Appraisers; the Board of Veterinary
Examiners; the Board of Workers' Compensation; and the Real Estate
Commission.
SENATOR KELLY moved to forward the names for consideration to the
joint session. SENATOR LEMAN objected to say he did not intend to
vote for everyone. He then removed his objection. There being no
further objection, the motion passed.
Number 409
There being no further business to come before the committee,
CHAIRMAN MACKIE adjourned the meeting at 2:47 p.m.
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