Legislature(1993 - 1994)

04/30/1994 10:12 AM RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                     SENATE RULES COMMITTEE                                    
                         April 30, 1994                                        
                           10:12 a.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Rick Halford, Chair                                                   
 Senator Steve Rieger, Vice Chair                                              
 Senator George Jacko                                                          
 Senator Suzanne Little                                                        
 Senator Fred Zharoff                                                          
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 All members present                                                           
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 HOUSE JOINT RESOLUTION NO. 60                                                 
 Relating to an amendment to the Constitution of the United States             
 prohibiting federal courts from ordering a state or a political               
 subdivision of a state to increase or impose taxes.                           
                                                                               
 HOUSE BILL NO. 78                                                             
 "An Act relating to the testimony of children in certain criminal             
 proceedings; and providing for an effective date."                            
                                                                               
 CS FOR HOUSE BILL NO. 79(FIN) am                                              
 "An Act relating to recovery from a parent or legal guardian of               
 wilful or malicious destruction of property by a minor."                      
                                                                               
 CS FOR HOUSE BILL NO. 153(JUD) am                                             
 "An Act related to the awarding of special good time deductions for           
 prisoners participating in the Point MacKenzie Rehabilitation                 
 Project; and providing for an effective date."                                
                                                                               
 HOUSE BILL NO. 180 am                                                         
 "An Act relating to the residential housing inspection requirements           
 of the Alaska Housing Finance Corporation."                                   
                                                                               
 HOUSE BILL NO. 191                                                            
 "An Act relating to cost recovery by contractors who operate                  
 state-owned hatcheries."                                                      
                                                                               
 CS FOR HOUSE BILL NO. 299(FIN) am                                             
 "An Act relating to revocation of a driver's license for illegal              
 possession or use of a controlled substance or illegal possession             
 or consumption of alcohol by a person at least 14 but not yet 21              
 years of age; to fees for reinstatement of a driver's license; and            
 providing for an effective date."                                             
                                                                               
 CS FOR HOUSE BILL NO. 313(JUD)                                                
 "An Act relating to suspended imposition of criminal sentences and            
 to the imposition of sentence when a suspended imposition of                  
 sentence is revoked."                                                         
                                                                               
 HOUSE BILL NO. 373                                                            
 "An Act relating to investments of the permanent fund involving               
 equity interests in and debt obligations secured by mortgages on              
 real estate; and providing for an effective date."                            
                                                                               
 CS FOR HOUSE BILL NO. 386(L&C) am                                             
 "An Act relating to the retirement rights of temporary hourly                 
 employees hired by the legislature."                                          
                                                                               
 HOUSE BILL NO. 394                                                            
 "An Act relating to limited partnerships; and providing for an                
 effective date."                                                              
                                                                               
 CS FOR HOUSE BILL NO. 410(STA)                                                
 "An Act relating to real estate appraisers and the Board of                   
 Certified Real Estate Appraisers."                                            
                                                                               
 HOUSE BILL NO. 429                                                            
 "An Act relating to the special education service agency."                    
                                                                               
 HOUSE BILL NO. 518                                                            
 "An Act extending the termination date of the Board of Governors of           
 the Alaska Bar Association; and providing for an effective date."             
                                                                               
 SENATE BILL NO. 21                                                            
 "An Act relating to child visitation rights of grandparents and               
 other persons who are not the parents of the child."                          
                                                                               
 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 249(STA) am                      
 "An Act reestablishing the Board of Electrical Examiners and                  
 extending the termination date of the Board of Mechanical                     
 Examiners; relating to electrical and mechanical administrators;              
 and providing for an effective date."                                         
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 HJR 60 - See State Affairs minutes dated 4/18/94.  See                        
          Judiciary minutes dated 4/28/94.                                     
                                                                               
 HB  78 - See Judiciary minutes dated 4/28/93.                                 
                                                                               
 HB  79 - See Health, Education & Social Service minutes dated                 
          2/2/94.  See Judiciary minutes dated 4/18/94, 4/23/94,               
          4/25/94 and 4/28/94.                                                 
                                                                               
 HB 153 - See State Affairs minutes dated 4/25/94.                             
      Finance waived referral 4/28/94.                                         
                                                                               
 HB 180 - See Community & Regional Affairs minutes dated                       
          4/22/93 & 4/24/93.  See Labor & Commerce minutes                     
          dated 1/25/94, 2/8/94, and 2/10/94.                                  
                                                                               
 HB 191 - See Resources minutes dated 4/18/94.                                 
      Finance report 4/27/94.                                                  
                                                                               
 HB 299 - See State Affairs minutes dated 4/11/94.  See                        
          Judiciary minutes dated 4/23/94.                                     
      Finance referral waived 4/28/94.                                         
                                                                               
 HB 313 - See State Affairs minutes dated 3/11/94 and                          
      Judiciary minutes dated 4/26/94.                                         
      Finance referral waived 4/28/94.                                         
                                                                               
 HB 373 - See Judiciary minutes dated 4/6/94.                                  
      Finance report 4/27/94.                                                  
                                                                               
 HB 386 - See Labor and Commerce minutes dated 4/14/94.                        
      Finance referral waived 4/28/94.                                         
                                                                               
 HB 394 - See Labor & Commerce minutes dated 3/24/94, 3/31/94,                 
          4/28/94.                                                             
                                                                               
 HB 410 - Labor & Commerce referral waived 4/21/94.                            
      See Judiciary minutes dated 4/23/94, 4/25/94 and                         
          4/28/94.                                                             
                                                                               
 HB 429 - See Health, Education & Social Services minutes dated                
          3/21/94 and 4/18/94.  See Judiciary minutes dated                    
          4/28/94.                                                             
                                                                               
 HB 518 - See State Affairs minutes dated 4/27/94.                             
      Judiciary referral waived 4/28/94.                                       
                                                                               
 SB  21 - See State Affairs minutes dated 3/11/94.  See Health,                
          Education & Social Services minutes dated 4/11/94.                   
      Judiciary referral waived 4/28/94.                                       
                                                                               
 HB 249 - See Labor and Commerce minutes dated 4/27/93.                        
      Finance report 5/6/93.                                                   
                                                                               
      WITNESS REGISTER                                                         
                                                                               
 Representative Gary Davis                                                     
 State Capitol                                                                 
 Juneau, AK 99801-1182                                                         
  POSITION STATEMENT:   Prime Sponsor of HB 249                                
                                                                               
 Karl Luck, Director                                                           
 Division of Occupational Licensing                                            
 Department of Commerce & Economic Development                                 
 P.O. Box 110806                                                               
 Juneau, AK 99811-0806                                                         
  POSITION STATEMENT:   Offered information on HB 249                          
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 TAPE 94-7, SIDE A                                                             
 Number 001                                                                    
                                                                               
 CHAIRMAN RICK HALFORD called the Senate Rules Committee meeting to            
 order at 10:12 a.m.                                                           
 SENATOR JACKO moved and asked unanimous consent that  HJR 60  (AMEND     D    
 US CONSTIT. TO LIMIT FED. COURTS) be approved for calendaring at              
 the Chair's discretion.  Hearing no objection, it was so ordered.             
 SENATOR JACKO moved and asked unanimous consent that  HB 78                   
 (TESTIMONY OF MINORS IN CRIMINAL TRIALS) be approved for                      
 calendaring at the Chair's discretion.  Hearing no objection, it              
 was so ordered.                                                               
 SENATOR JACKO moved and asked unanimous consent that  CSHB 79(FIN)            
 am  (DAMAGE TO PROPERTY BY MINORS) be approved for calendaring at             
 the Chair's discretion.  Hearing no objection, it was so ordered.             
 SENATOR JACKO moved and asked unanimous consent that  CSHB 153(JUD)           
 am  (GOOD TIME: PT. MACKENZIE REHAB PROJECT) be approved for                  
 calendaring at the Chair's discretion.  Hearing no objection, it              
 was so ordered.                                                               
 SENATOR JACKO moved and asked unanimous consent that  HB 191                  
 (CONTRACTOR OPERATED STATE HATCHERIES) be approved for calendaring            
 at the Chair's discretion.  Hearing no objection, it was so                   
 ordered.                                                                      
 SENATOR JACKO moved and asked unanimous consent that  CSHB 299(FIN)           
 am  (DRIVER'S LIC REVOCATION;ALCOHOL/DRUGS) be approved for                   
 calendaring at the Chair's discretion.  Hearing no objection, it              
 was so ordered.                                                               
 SENATOR JACKO moved and asked unanimous consent that  CSHB 313(JUD)           
 (IMPOSITION/REVOCATION,SUSPENDED SENTENCES) be approved for                   
 calendaring at the Chair's discretion.  Hearing no objection, it              
 was so ordered.                                                               
 SENATOR JACKO moved and asked unanimous consent that  HB 373                  
 (PERMANENT FUND INVESTMENTS IN MORTGAGES) be approved for                     
 calendaring at the Chair's discretion.  Hearing no objection, it              
 was so ordered.                                                               
 SENATOR JACKO moved and asked unanimous consent that  CSHB 386(L&C)           
 am  (RETIREMENT RTS:HRLY LEGISLATIVE EMPLOYEES) be approved for               
 calendaring at the Chair's discretion.  Hearing no objection, it              
 was so ordered.                                                               
 SENATOR JACKO moved and asked unanimous consent that  HB 394                  
 (UNIFORM LIMITED PARTNERSHIP ACT UPDATE) be approved for                      
 calendaring at the Chair's discretion.  Hearing no objection, it              
 was so ordered.                                                               
 SENATOR JACKO moved and asked unanimous consent that  CSHB 410(STA)           
 (REAL ESTATE APPRAISERS) be approved for calendaring at the Chair's           
 discretion.  Hearing no objection, it was so ordered.                         
 SENATOR JACKO moved and asked unanimous consent that  HB 429                  
 (SPECIAL EDUCATION SERVICE AGENCY) be approved for calendaring at             
 the Chair's discretion.  Hearing no objection, it was so ordered.             
 SENATOR JACKO moved and asked unanimous consent that  HB 518  (EXTEND    ND   
 ALASKA BAR ASSOCIATION) be approved for calendaring at the Chair's            
 discretion.  Hearing no objection, it was so ordered.                         
 SENATOR JACKO moved and asked unanimous consent that  SB 21  (MISC.           
 GRANDPARENT VISITATION RIGHTS) be approved for calendaring at the             
 Chair's discretion.  Hearing no objection, it was so ordered.                 
 CHAIRMAN HALFORD brought  CSSSHB 249(STA) am  (ELECTRICAL/MECHANICAL     L    
 TRADESPERSONS) before the committee as the next order of business.            
 He noted there was a draft Rules SCS before the committee for its             
 consideration.                                                                
                                                                               
 REPRESENTATIVE GARY DAVIS, prime sponsor of HB 249, explained the             
 legislation was introduced as a result of problems with the                   
 electrical administrator's board and some of the activities and               
 functions of the administrators.                                              
                                                                               
 The legislation was originally drafted changing the licensing from            
 the Department of Commerce to the Department of Labor.  However,              
 during the interim there was extensive discussion and it was                  
 decided it would be best to maintain the licensing in the                     
 Department of Commerce.  Also, there was strong feeling that the              
 board should be abolished.  The Rules SCS puts the licensing and              
 enforcement authority into the Department of Commerce, and it also            
 abolishes the Board of Electrical & Mechanical Administrators and             
 gives the Department of Commerce the authority to assume the                  
 functions of the board.  He added that is why the bill went from              
 three pages to fifteen pages.                                                 
                                                                               
 SENATOR JACKO asked why the fine was increased from $300 to $5,000.           
 REPRESENTATIVE DAVIS responded that the original language had a               
 $300 fine or imprisonment of not more than 60 days, or both.  It              
 was desired to remove the imprisonment section and make the fine up           
 to $5,000 because there are varying degrees of violations that can            
 occur in this industry.                                                       
                                                                               
 SENATOR RIEGER expressed concern with the language relating to a              
 misdemeanor, specifically "a violation of minimal electrical                  
 standard", stating he thinks it is going a bit too far.                       
 REPRESENTATIVE DAVIS said the language relates to the functions of            
 an electrical administrator or a mechanical administrator.  It                
 relates to construction activities and does not relate to minor               
 maintenance or minor repairs.                                                 
                                                                               
 SENATOR RIEGER asked if the new language contained in the bill "or            
 who was responsible for certifying that the installation or repair            
 complies with applicable electrical code" is actually sweeping in             
 someone who is presently not required to be under these boards.               
 REPRESENTATIVE DAVIS answered that he likes to consider it as an              
 extension of the inspection arm of the state.  It is a certifying             
 that what was installed has been installed to code and is being               
 certified and stamped by the administrator.                                   
                                                                               
 SENATOR RIEGER asked if there is some group of people who are now             
 being covered who wouldn't be covered with this bill.                         
 REPRESENTATIVE DAVIS said the transition section is in the bill               
 since the department is going to have to establish the licensing              
 procedure.  Currently, electrical examiners do not have a valid               
 license because the Board of Electrical Examiners sunsetted last              
 year.                                                                         
                                                                               
 SENATOR RIEGER said his main concern is violations of applicable              
 codes and the penalties that apply and that it applies to                     
 violations of codes at the time the repair or installation was                
 made.  He suggested going through the bill and every place where it           
 says "complies with applicable code" insert "complies with the                
 applicable codes at the time the installation was made."                      
 REPRESENTATIVE DAVIS answered that his point hasn't been discussed            
 previously and he shares his concern.                                         
                                                                               
 SENATOR HALFORD expressed his concern with a $5,000 civil fine that           
 a department can issue based on their own review.  REPRESENTATIVE             
 DAVIS replied the person being fined also has administrative review           
 and can argue the validity of the fine and the amount of the fine             
 administratively.  He agreed with Senator Halford that it is a big            
 fine.  He directed attention to Secs. 26 and 27 which deal with the           
 administrative actions and the fine ability of the department, as             
 well as how an administrator who is being fined can fight the fine            
 and the violation.                                                            
                                                                               
 SENATOR HALFORD asked if the exemptions by area are the same for              
 electrical as they are for mechanical.  REPRESENTATIVE DAVIS                  
 answered that there are some differences, the major difference                
 being the size of the project.                                                
                                                                               
 SENATOR LITTLE commented that one of the primary issues is making             
 sure that electrical administrators can continue to be licensed in            
 the state, because without them, the state would need to provide a            
 very expensive inspection that it cannot afford at this time.                 
                                                                               
 SENATOR HALFORD asked for a motion to adopt the Rules SCS as a                
 working document.                                                             
                                                                               
 SENATOR LITTLE moved that SCS CSSSHB 249(Rules) (dated 4/22/94) be            
 adopted.  Hearing no objection, the motion carried.                           
                                                                               
 TAPE 94-7, SIDE B                                                             
                                                                               
 SENATOR HALFORD requested that Karl Luck of the Department of                 
 Commerce & Economic Development address the following concerns                
 raised by committee members:  (1) the ability of the department to            
 impose a civil fine of up to $5,000; (2) the increase in the                  
 criminal fines from $300 to $5,000; and (3) the reference in                  
 Section 17 where it refers to supervision and it defines an                   
 electrical administrator as someone who is responsible for                    
 certifying that the installation or repair complies applicable                
 electrical code and the question if that broadens the definition to           
 include possibly someone not now needing licensure; and (4) the               
 difference in exemptions between the electrical code and the                  
 mechanical code.                                                              
                                                                               
 KARL LUCK, Director, Division of Occupational Licensing, addressing           
 the civil fine, said he didn't think it was inconsistent with what            
 is covered under Title 8 for all occupation professions, and this             
 is an attempt to conform with what is already in existence.                   
                                                                               
 SENATOR HALFORD asked Mr. Luck to research and provide the                    
 committee with a list of other professions where either a board or            
 a department can fine the individual member of the profession                 
 civilly without court action.                                                 
                                                                               
 Continuing, Mr. Luck said that part of the concern in the past that           
 may have contributed to the inability of the board to regulate was            
 that the statute was confusing between what a contractor and what             
 a electrical administrator or a mechanical administrator was.  The            
 legislation attempts to clean up the fact that the electrical                 
 administrator is not necessarily the person who contracts for                 
 installing something or who is in the business of doing something.            
 It may well be that it is a one person business, but that is                  
 regulated under different sections in statute.                                
                                                                               
 Mr. Luck said he could not explain why there is a difference in the           
 exemptions between the electrical administrator and the mechanical            
 administrator.  It is the department's desire to make them both               
 equal and under the same guidelines because they are very similar             
 in nature.  Representative Davis interjected that the                         
 implementation of the electrical administrators and the mechanical            
 administrators  were a couple of years apart and there was                    
 different rationale used for some of the numbers.                             
                                                                               
 SENATOR RIEGER proposed adding to Sections 14 and 33 the language             
 "which was in effect at the time the repair or installation was               
 made," which would help clarify that the code in effect at the time           
 that the facility was constructed or repaired is what counts.  Mr.            
 Luck said he thought it was a fair amendment and would clarify that           
 the code, as it was on the date that the job was signed off, is the           
 applicable code.                                                              
                                                                               
 SENATOR RIEGER offered the following amendment to SCS CSSSHB
 249(RLS):                                                                     
                                                                               
 Page 6, line 25:  After "AS 18.60.580 - 18.60.590" add "that was in           
 effect at the time that the installation or repair was made"                  
                                                                               
 Page 13, line 10:  After "AS 08.40.490(3)(A)" add "that was in                
 effect at the time that the installation or repair was made"                  
                                                                               
 Hearing no objection, the Chairman stated the amendment was                   
 adopted.                                                                      
                                                                               
 SENATOR LITTLE asked if there was an administrative appeal process            
 in place right now, and MR. LUCK acknowledged that there was                  
 through APEA.                                                                 
                                                                               
 JOE HAYES, representing the Sisters of Providence in Anchorage,               
 read into the record a letter from the Sisters of Providence                  
 requesting a change in the bill that would take into account large            
 buildings such as Providence Hospital.  At present, Providence                
 Hospital employs two journeymen electricians, and as the law now              
 stands, it is legal for the hospital to obtain permits and perform            
 their own electrical installation.  However, if HB 249 passes, the            
 hospital will be required to hire an administrator to oversee their           
 work, which could be extremely expensive for the hospital, adding             
 extra costs to many small projects.  The Sisters of Providence are            
 requesting an exception to the administrator's requirements similar           
 to the state guideline in effect for contractors.                             
 SENATOR ZHAROFF questioned how many other entities would find                 
 themselves in the same type of situation.  REPRESENTATIVE DAVIS               
 acknowledged that he has had additional concerns relating to that             
 exact same problem.  CHAIRMAN HALFORD then requested that he work             
 with the drafters on that area of the bill.                                   
                                                                               
 CHAIRMAN HALFORD stated HB 249 would be held over until the                   
 following Monday.                                                             
 CHAIRMAN HALFORD brought  HB 180 am  (AHFC HOUSING INSPECTION                 
 REQUIREMENTS) before the committee as the final order of business.            
                                                                               
 SENATOR LITTLE related that she has worked with the sponsor's staff           
 on the legislation and they have come to an agreement to amend the            
 bill as follows:                                                              
                                                                               
 Page 2, line 1:  After "methods" delete "including reviewing the              
 unit by video tape.                                                           
                                                                               
 Senator Little then moved the amendment.  Hearing no objection, the           
 Chairman stated the amendment was adopted and would be incorporated           
 into a Rules SCS.                                                             
                                                                               
 SENATOR LITTLE moved that SCS HB 180(RLS) be passed out of                    
 committee with individual recommendations.  Hearing no objection,             
 it was so ordered.                                                            
                                                                               
 SENATOR LITTLE moved and asked unanimous consent that SCS HB
 180(RLS) be approved for calendaring at the Chair's discretion.               
 Hearing no objection, it was so ordered.                                      
 There being no further business to come before the committee, the             
 meeting was adjourned at 11:37 a.m.                                           
                                                                               

Document Name Date/Time Subjects