03/06/2007 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB84 | |
| SB93 | |
| SB84 | |
| SB68 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 93 | TELECONFERENCED | |
| += | SB 84 | TELECONFERENCED | |
| = | SB 68 | ||
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
March 6, 2007
1:31 p.m.
MEMBERS PRESENT§
Senator Johnny Ellis, Chair
Senator Gary Stevens, Vice Chair
Senator Bettye Davis
Senator Lyman Hoffman
Senator Con Bunde
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 84
"An Act relating to the burning capability of cigarettes being
sold or offered for sale, or possessed for sale; relating to
compliance certifications by tobacco product manufacturers, a
directory of tobacco product manufacturers, the affixing of
stamps to cigarette packages, and cigarette tax stamps; and
providing for an effective date."
MOVED CSSB 84(L&C) OUT OF COMMITTEE
SENATE BILL NO. 93
"An Act relating to licensed professional counselors; and
relating to the unlicensed use of the title 'professional
counselor.'"
HEARD AND HELD
SENATE BILL NO. 68
"An Act requiring motor vehicle insurers to provide to the
commissioner of administration a database listing vehicle
insurance policy information that will allow the commissioner to
verify whether mandatory motor vehicle insurance has been
obtained, limiting access to the database, establishing methods
for proving that mandatory motor vehicle insurance is in place,
allowing the additional penalties of suspending registration and
vehicle impoundment and forfeiture for failure to have mandatory
motor vehicle insurance, and authorizing hearings after
suspension of registration for failure to have mandatory motor
vehicle insurance."
MOVED CSSB 68(L&C) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 84
SHORT TITLE: TESTING & PACKAGING OF CIGARETTES
SPONSOR(s): SENATOR(s) OLSON
02/14/07 (S) READ THE FIRST TIME - REFERRALS
02/14/07 (S) L&C, JUD, FIN
02/27/07 (S) L&C AT 1:30 PM BELTZ 211
02/27/07 (S) Heard & Held
02/27/07 (S) MINUTE(L&C)
03/06/07 (S) L&C AT 1:30 PM BELTZ 211
BILL: SB 93
SHORT TITLE: PROFESSIONAL COUNSELORS
SPONSOR(s): SENATOR(s) DAVIS
02/22/07 (S) READ THE FIRST TIME - REFERRALS
02/22/07 (S) L&C
03/06/07 (S) L&C AT 1:30 PM BELTZ 211
BILL: SB 68
SHORT TITLE: MOTOR VEHICLE INSURANCE
SPONSOR(s): SENATOR(s) FRENCH
01/26/07 (S) READ THE FIRST TIME - REFERRALS
01/26/07 (S) L&C, TRA, FIN
02/08/07 (S) L&C AT 1:30 PM BELTZ 211
02/08/07 (S) Heard & Held
02/08/07 (S) MINUTE(L&C)
02/27/07 (S) L&C AT 1:30 PM BELTZ 211
02/27/07 (S) Heard & Held
02/27/07 (S) MINUTE(L&C)
03/06/07 (S) L&C AT 1:30 PM BELTZ 211
WITNESS REGISTER
DANA OWEN
Staff to Senator Ellis
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on CSSB 84(L&C).
JOANNA BALES, Manager
Tobacco Tax Program
Department of Revenue (DOR)
POSITION STATEMENT: Commented on CSSB 84(L&C).
TOM OBERMEYER
Staff to Senator Davis
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on SB 93 for the sponsor.
KERRY TURNBOW, Co-chair
Board of Licensed Professional Counselors
Anchorage AK
POSITION STATEMENT: Supported SB 93.
ANNE HENRY (Retired)
Board of Licensed Professional Counselors
Anchorage AK
POSITION STATEMENT: Supported SB 93.
SHAWNEE OLSON, Member
Board of Professional Counselors
Homer AK
POSITION STATEMENT: Supported SB 93.
PAMELA WATTS, Administrator
Juneau Alliance for Mental Health Inc.
Juneau AK
POSITION STATEMENT: Supported SB 93.
DUANE BANNOCK, Director
Division of Motor Vehicles
Department of Administration (DOA)
Juneau AK
POSITION STATEMENT: Commented on SB 68.
KAREY HENNINGS, Manager
Driver Licensing, Division of Motor Vehicles
Department of Administration (DOA)
Juneau AK
POSITION STATEMENT: Commented on SB 68.
JEFFERY TROUTT, Deputy Director
Division of Insurance
Department of Commerce, Community & Economic Development
Juneau, AK
POSITION STATEMENT: Commented on SB 68.
CAPTAIN BILL MILLER
Anchorage Police Department
Anchorage AK
POSITION STATEMENT: Commented on SB 68.
ACTION NARRATIVE
CHAIR JOHNNY ELLIS called the Senate Labor and Commerce Standing
Committee meeting to order at 1:31:37 PM. Present at the call to
order were Senators Stevens, Bunde and Ellis.
SB 84-TESTING & PACKAGING OF CIGARETTES
CHAIR ELLIS announced SB 84, version M, to be up for
consideration.
DANA OWEN, staff to Senator Ellis, said SB 84, version K, has
one change from version M. At the request of the Department of
Revenue, sections 2 - 5 that had been dropped from the original
bill were reinserted. This would keep the department from having
to maintain two different lists of cigarettes that are eligible
to be sold in the state and to reduce confusion amongst the
retailers of cigarettes.
1:33:54 PM
SENATOR BUNDE said he was concerned about the importation of
smokeless tobacco and circumventing some of existing law and he
asked if the title was broad enough.
JOANNA BALES, Manager, Tobacco Tax Program, Department of
Revenue (DOR), said she didn't have a copy of the CS in front of
her and didn't know if the title had been changed.
CHAIR ELLIS commented that the title had been tightened up in
the previous version - M.
MR. OWEN explained that version K reinstates the original title
language by inserting on line 2 starting at "relating to"
through "tax stamps;" on line 4.
1:36:07 PM
CHAIR ELLIS said he would hold the bill until later in the
meeting and asked that Ms. Bales be sent a copy so Senator
Bunde's question could be addressed.
1:36:48 PM
SENATORS DAVIS and HOFFMAN joined the committee.
SB 93-PROFESSIONAL COUNSELORS
CHAIR ELLIS announced SB 93 to be up for consideration.
TOM OBERMEYER, staff to Senator Davis, sponsor of SB 93, said
that it is "An act relating to the licensed professional
counselors and to unlicensed use of the title 'professional
counselor.'" It amends two sections of the Alaska statutes
concerning professional licenses and insurance as regards
licensed professional counselors (LPC). Section 1 better
protects the public from unlicensed individuals misusing these
titles and misrepresenting themselves as having the same
qualifications of licensed professional counselors who must
complete formal educational requirements with a Master's degree
or higher, pass a licensed qualifying exam and complete lengthy
supervised practice for not less than two years.
Section 2 amends AS 21.36.090(d), the insurance provisions that
prohibit discrimination against licensed service providers under
a group insurance policy if that service is within the scope of
the provider's occupational license by adding 'licensed
professional counselors' to the long list of providers in this
category. It also increases access to needed services for some
who formerly were excluded because licensed professional
counselors were not included with other health care
professionals in the non-discrimination clause of this statute.
MR. OBERMEYER said that licensed professional counselors make up
one-third of all mental health professionals in the State of
Alaska and represent about the same proportion of all counselors
working in state-funded mental health and substance abuse
treatment facilities.
The last legislature approved a statutory change to allow
licensed professional counselors to practice psychotherapy and
make Title 47 civil commitment evaluations. SB 93 helps insure
third-party billing parity for licensed professional counselors
while also allowing them to be included with other health care
professionals in this area. Again, it better protects and serves
the public and has a zero fiscal note.
1:40:05 PM
KERRY TURNBOW, Co-chair, Board of Licensed Professional
Counselors, said he is a practicing clinician in Fairbanks and
supported the sponsor statement. Adding "licensed professional
counselor" helps protect the public from misrepresentation and
potentially adding to the number of poor or unethical practices.
It will also allow LPCs to do third-party billing to insurance
companies. It was probably an omission in the first place.
1:41:55 PM
ANNE HENRY, retired member of the Board of Licensed Professional
Counselors, explained that LPCs had always been doing
psychotherapy, but some insurance companies were refusing to
reimburse for it because that service was restricted to use by
psychologists. She pointed out that no one else was practicing
when their statute was passed years ago and that psychotherapy
is now a generic term that everyone across the country uses for
the kind of work they do.
1:43:30 PM
SENATOR STEVENS asked what other mental health professionals are
currently covered by insurance.
MS. HENRY replied that several major companies in Alaska already
cover and reimburse for LPCs - Aetna, Premera Blue Cross/Blue
Shield, Signa, Tri-Care - and the federal government has just
recently approved all reimbursement for LPCs. Only a few small
companies don't reimburse for their services.
SENATOR STEVENS asked who is normally covered.
MS. HENRY replied that providers covered for reimbursement are:
psychiatrists, medical doctors, physician assistant, dentist,
osteopath, optometrist, chiropractor, nurse midwife.... The
mental health professionals would be psychologists,
psychological associates, clinical social workers and
professional counselors.
SENATOR STEVENS said this kind of closes a loop hole that
insurance companies have avoided payment for.
MS. HENRY responded that was correct.
SHAWNEE OLSON, Board of Professional Counselors, supported the
previous testimony and SB 93. She said she runs a small practice
in Homer and that when people see "professional" they expect
licensure and reimbursement.
1:47:45 PM
PAMELA WATTS, Administrator, Juneau Alliance for Mental Health
Inc., supported previous testimony. One of the benefits of
passing this bill is it would help employers of mental health
professionals with recruitment and retention, because insurance
will pay for the services. The fact that the Department of
Veterans Affairs recently started to recognize professional
counselors for reimbursement is also a huge step in the
recognition of the value of professional counselors.
1:49:29 PM
SENATOR STEVENS asked if people pretending to be counselors has
been a problem in the past.
MS. WATTS replied people call themselves all kinds of counselors
- credit counselor and car sales counselor for instance. It is
difficult for some people to know who they are actually
receiving services from. They may assume a person is a mental
health professional when, in fact, they aren't.
CHAIR ELLIS thanked her for testifying and said the director of
the Division of Occupational Licensing would want to testify and
held SB 93 for a future hearing.
SB 84-TESTING & PACKAGING OF CIGARETTES
CHAIR ELLIS announced SB 84 to be back before the committee. The
proposed CS had been faxed to Ms. Bales and asked if she had a
chance to consider Senator Bunde's question about the title.
MS. BALES confirmed that she had received it and suggested that
the title is broad enough for changes to Articles 5 and 6 of the
cigarette and tobacco products excise tax statutes. Article 5 is
the cigarette directory and Article 6 is the cigarette tax
stamp. However, she suggested confirming that with Legislative
Legal.
SENATOR BUNDE said the question had been answered to his
satisfaction.
1:53:21 PM
SENATOR STEVENS moved to adopt CSSB 84, version K. There were no
objections and it was so ordered.
1:54:03 PM
SENATOR STEVENS moved to pass CSSB 84(L&C), version K, from
committee with individual recommendations and attached fiscal
notes. There were no objections and it was so ordered.
SB 68-MOTOR VEHICLE INSURANCE
CHAIR ELLIS announced SB 68 to be up for consideration. He asked
the sponsor to walk the committee through the new proposed
committee substitute (CS).
1:57:56 PM
SENATOR FRENCH, sponsor of SB 68, said a new CS was identified
as version L. He said it narrows Section 5 by specifying that
the department shall adopt an online system for verifying
mandatory insurance. The previous version had language that
allowed for any type of electronic verification. Research and
discussion with knowledgeable folks found that the online method
is the most widely supported. Proof of insurance is still in the
bill when registering and reregistering a vehicle as well as the
provision allowing municipalities to impound vehicles that don't
have insurance. He stated:
The bill is written to provide an event-based
verification system for insurance and that means the
state shall verify that you have mandatory insurance
during points of contact. A point of contact, for
example, is when you go to see DMV to register your
car or when a peace officer runs your plate.
He said the packet includes a report from an industry group
known as the Insurance Industry Committee on Motor Vehicle
Administration (IICMVA). It concludes that this nationwide
regulatory body supports an event-based online verification
system. These systems and methods have garnered industry support
because they are compatible with industry computer programs.
Also included in the packet is information on VeriSol, an
existing company that provides this service. The DMV brought it
to his attention as a method being adopted by other states. It
was designed by insurance industry folks in a way that makes
data integration simple and efficient. VeriSol is currently
being implemented by Wyoming, Texas, Florida and Oklahoma. It
sounds as though the amount of work involved with starting up a
VeriSol system involved hours and not a massive overhaul.
1:59:04 PM
SENATOR HOFFMAN asked how soon an uninsured person has to get
the insurance if they are identified as not having insurance by
a police officer.
SENATOR FRENCH replied the way the bill is currently written, a
police officer can impound a car if one has no insurance. It's
up to the police officer to let the person go home on a promise
of getting insurance or impounding the car to force the issue -
depending on the circumstances.
1:59:53 PM
DUANE BANNOCK, Director, Division of Motor Vehicles, Department
of Administration (DOA), deferred to Karey Hennings to comment
on the proposed CS.
KAREY HENNINGS, Manager, Driver Licensing, Division of Motor
Vehicles, Department of Administration (DOA), said the CS "is
right in line with what the division would like to see."
SENATOR BUNDE noted the new fiscal note of $290,000 a year and
asked if that was the projected cost of implementing the bill.
MR. BANNOCK explained that he used a formula that a couple of
other states have used for determining the cost of an online
verification program - using the number of vehicles in Alaska.
2:02:02 PM
SENATOR BUNDE asked how it would work in reality if a policeman
could stop someone and finds he doesn't have insurance and it's
his responsibility to decide whether to impound the vehicle or
not.
CAPTAIN BILL MILLER, Anchorage Police Department, responded that
it is easier for him to give directions in absolutes, but an
officer has the good judgment to make such a call in the field.
2:04:45 PM
SENATOR HOFFMAN asked if there are impoundment areas in Kotzebue
and Nome.
CAPTAIN MILLER replied that he didn't know and he hadn't talked
to police officers from that area on this issue.
SENATOR FRENCH pointed out that in this far-flung state it's a
good idea to begin to move in the direction of computerization
and this is a step in that direction. This measure would make it
easier for officers to have a way to verify whether folks have
insurance on their cars.
SENATOR BUNDE asked if insurance companies have to do more work
because of the uninsured drivers and therefore this would impact
insurance rates for the good drivers.
JEFFERY TROUTT, Deputy Director, Division of Insurance,
Department of Commerce, Community & Economic Development, said
he didn't know, but promised to get him information on it. He
said the true expert on this is Sarah McNair Grove and she was
at a conference.
2:07:51 PM
SENATOR STEVENS asked how dependable online insurance
verification is.
MR. TROUTT replied it is being used in other states, but it has
some problems. "I'm sure it's one of those things - it's only as
good as the data that they have...for keeping a real time data
base. The technology continues to get better."
CHAIR ELLIS asked him to get that information.
SENATOR STEVENS moved to adopt CS for SB 68, version L. There
were no objections and it was so ordered.
2:10:15 PM
CHAIR ELLIS asked the sponsor to pitch his bill again.
SENATOR FRENCH went to the bad data issue and said it's
important to keep on the proof of insurance card provision on
the books in case of a computer malfunction. The issue is if the
department is ready at this point to move forward to a whole new
system.
SENATOR STEVENS said he felt it makes sense to keep the cards as
a transition measure.
SENATOR FRENCH concurred.
CHAIR ELLIS asked if the committee wanted to act today.
SENATOR DAVIS moved to pass CSSB 68(L&C), version L, from
committee with individual recommendations.
SENATOR BUNDE objected. He thought it would be expensive for the
state to implement and it could raise insurance rates for the
apparent gain. He thought if this bill were law, it would
encourage companies to insure on a monthly basis.
2:18:36 PM
SENATOR STEVENS said by law he has to carry the proof of
insurance card in his car and asked what if he is stopped and
the computer indicates he is insured, but he has forgotten to
put the card in his car.
SENATOR FRENCH replied that the bill is written so that either
form of proof is sufficient.
SENATOR BUNDE said he thought the police officer would believe
the computer over a card.
2:20:22 PM
A roll call vote was taken. Senators Hoffman, Davis, Stevens and
Ellis voted yea; Senator Bunde voted nay; and CSSB 68(L&C)
passed from committee.
There being no further business to come before the committee,
Chair Ellis adjourned the meeting at 2:20:54 PM.
| Document Name | Date/Time | Subjects |
|---|