Legislature(2001 - 2002)

02/14/2002 10:33 AM RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                    
                     SENATE RULES COMMITTEE                                                                                   
                        February 14, 2002                                                                                       
                           10:33 a.m.                                                                                           
MEMBERS PRESENT                                                                                                               
Senator Randy Phillips, Chair                                                                                                   
Senator Gene Therriault                                                                                                         
Senator Johnny Ellis                                                                                                            
MEMBERS ABSENT                                                                                                                
Senator John Cowdery, Vice Chair                                                                                                
Senator Rick Halford                                                                                                            
COMMITTEE CALENDAR                                                                                                            
SENATE BILL NO. 244                                                                                                             
"An Act extending the termination date of the Board of Examiners                                                                
in Optometry; and relating to optometrists."                                                                                    
     ADOPTED CSSB 244(RLS) AND APPROVED FOR CALENDARING                                                                         
SENATE BILL NO. 257                                                                                                             
"An Act extending the termination date of the Board of                                                                          
Professional Counselors."                                                                                                       
     APPROVED FOR CALENDARING                                                                                                   
HOUSE CONCURRENT RESOLUTION NO. 12                                                                                              
Relating to the preservation of employment opportunities for                                                                    
United States longshoremen with respect to unloading and loading                                                                
of foreign vessels.                                                                                                             
     APPROVED FOR CALENDARING                                                                                                   
PREVIOUS COMMITTEE ACTION                                                                                                     
SB 244 - See Labor and Commerce minutes dated 1/31/02.                                                                          
SB 257 - See Labor and Commerce minutes dated 2/7/02 and Finance                                                                
minutes dated 2/12/02.                                                                                                          
HCR 12 - See Labor and Commerce minutes dated 2/7/02.                                                                           
WITNESS REGISTER                                                                                                              
Ms. Pat Davidson                                                                                                                
Division of Legislative Budget & Audit                                                                                          
Legislative Affairs Agency                                                                                                      
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Explained an amendment to SB 244                                                                         
ACTION NARRATIVE                                                                                                              
TAPE 02-01, SIDE A                                                                                                            
Number 001                                                                                                                      
CHAIRMAN RANDY PHILLIPS called the  Senate Rules Committee meeting                                                            
to order  at 10:33 a.m.   Senators Therriault, Ellis  and Phillips                                                              
were present.                                                                                                                   
CHAIRMAN  PHILLIPS   informed  committee  members   that  SB  244-                                                          
OPTOMETRISTS: SUNSET  AND MISCELLANEOUS  would be the  first order                                                          
of business and that an amendment to SB 244 would be offered.                                                                   
SENATOR THERRIAULT  explained that  when SB 244  was heard  in the                                                              
Senate  Labor and  Commerce Committee,  Senator  Davis worked  out                                                              
compromise   language  for   an  amendment   based  on  a   recent                                                              
legislative audit  recommendation.  That amendment  was removed by                                                              
the Senate  Finance Committee with  minimal discussion.   He noted                                                              
that Senator  Stevens was  perplexed because  when the  bill moved                                                              
from the  Senate Labor  and Commerce  Committee, it received  five                                                              
"do pass" recommendations.   The adoption of the  amendment by the                                                              
Senate Rules Committee  will restore the bill to  the Senate Labor                                                              
and Commerce Committee version.                                                                                                 
SENATOR THERRIAULT moved to adopt Amendment 1, which reads:                                                                     
     AS 08.72.150 is amended to read:                                                                                           
     Sec.08.72.150. Application for  examination and issuance                                                                 
     of   license.  An   applicant   shall   apply  for   the                                                                 
     examination   by   filing  an   application   with   the                                                                   
     department  together  with the  examination  fee by  the                                                                   
     deadline established  by the department  in regulations.                                                                   
     The  department may  require the applicant  to submit  a                                                               
     photograph of  the applicant for its files,  however the                                                               
     photograph may not be forwarded  with the application to                                                               
     the board for review. Upon successful  completion of the                                                               
     examination by the applicant  and payment of the license                                                                   
     fee, the board  shall issue a license to  the successful                                                                   
     applicant. The  applicant may practice optometry  in the                                                                   
     state upon receipt of the license.                                                                                         
MS. PAT  DAVIDSON, Division of  Legislative Audit,  told committee                                                              
members that the division recently  audited the Board of Examiners                                                              
of  Optometry   and  recommended   that   the  Board  remove   its                                                              
requirement  that   a  photograph  accompany   applications.  That                                                              
requirement is  in regulation. The  basis for that  recommendation                                                              
is  that  the photograph  provides  an  opportunity  to  introduce                                                              
prejudice  into  an evaluation  function.  The division  can  keep                                                              
photographs on  file for identification purposes,  but photographs                                                              
are unnecessary  when the board  is contemplating  an application.                                                              
The recommendation is to remove that  requirement from regulation.                                                              
SENATOR  THERRIAULT  said  the  compromise   language  allows  the                                                              
division to  require a  photograph to be  submitted but  it cannot                                                              
forward the photograph  with the application when  it is reviewed.                                                              
He said  one question that  has been asked  is why this  change is                                                              
only being made on this license application.                                                                                    
MS. DAVIDSON said the photograph  issue has been a recurring theme                                                              
in the  division's audit  recommendations  on boards under  sunset                                                              
review.  However,   adoption  of  that  recommendation   has  been                                                              
inconsistent. She  stated that more emphasis is  placed on getting                                                              
identification when someone sits for an examination.                                                                            
CHAIRMAN PHILLIPS  said with  no further discussion  and a 3  to 0                                                              
vote, Amendment 1 was adopted.                                                                                                  
SENATOR  THERRIAULT moved  CSSB 244(RLS)  and its attached  fiscal                                                              
note from committee for the purpose of calendaring.                                                                             
CHAIRMAN  PHILLIPS announced  that with  no objection, the  motion                                                              
SENATOR  THERRIAULT  moved  to calendar  SB  257-EXTEND  BOARD  OF                                                          
PROFESSIONAL COUNSELORS with its attached fiscal note.                                                                      
CHAIRMAN PHILLIPS  noted with  no testimony  and no objections  to                                                              
the motion, SB 257 would be calendared on Wednesday.                                                                            
SENATOR  THERRIAULT moved  to calendar  HCR  12-FOREIGN SHIPS  AND                                                          
U.S. LONGSHOREMEN and its attached zero fiscal note.                                                                        
CHAIRMAN PHILLIPS  announced that with no objection,  HCR 12 would                                                              
be placed on Wednesday's calendar.                                                                                              
There being no further business to come before the committee,                                                                   
CHAIRMAN PHILLIPS adjourned the meeting at 10:45 a.m.                                                                           

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