Legislature(1997 - 1998)
04/15/1997 04:55 PM Senate STA
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* first hearing in first committee of referral
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+ teleconferenced
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SENATE STATE AFFAIRS COMMITTEE
April 15, 1997
4:55 p.m.
MEMBERS PRESENT
Senator Lyda Green, Chairman
Senator Jerry Ward, Vice-Chairman
Senator Jerry Mackie
MEMBERS ABSENT
Senator Mike Miller
Senator Jim Duncan
COMMITTEE CALENDAR
CONFIRMATION HEARINGS ON GOVERNOR APPOINTEES TO BOARDS AND
COMMISSIONS: State Commission for Human Rights; Commission on
Judicial Conduct; Alaska Labor Relations Agency; Personnel Board;
Alaska Public Office Commission; Assessment Review Board; and
Alaska Public Defender
HOUSE JOINT RESOLUTION NO. 16
Relating to a federal balanced budget amendment.
- MOVED HJR 16 OUT OF COMMITTEE
SENATE BILL NO. 76
"An Act relating to long-term plans of certain state agencies and
recommendations regarding elimination of duplication in state
agency functions."
- SCHEDULED BUT NOT TAKEN UP
SENATE BILL NO. 88
"An Act relating to the Board of Public Accountancy; extending the
termination date of the Board of Public Accountancy; and providing
for an effective date."
- MOVED SB 88 OUT OF COMMITTEE
SENATE BILL NO. 89
"An Act relating to regulation of barbers and hairdressers;
extending the termination date of the Board of Barbers and
Hairdressers; and providing for an effective date."
- MOVED SB 89 OUT OF COMMITTEE
SENATE BILL NO. 90
"An Act relating to dental licensing; extending the termination
date of the Board of Dental Examiners; and providing for an
effective date."
- MOVED SB 90 OUT OF COMMITTEE
SENATE BILL NO. 91
"An Act relating to the regulation of physical therapists and
physical therapy assistants; extending the termination date of the
State Physical Therapy and Occupational Therapy Board; and
providing for an effective date."
- MOVED CSSB 91(STA) OUT OF COMMITTEE
SENATE BILL NO. 103
"An Act relating to hearings before and authorizing fees for the
State Commission for Human Rights; and providing for an effective
date."
- MOVED CSSB 103(STA) OUT OF COMMITTEE
SENATE BILL NO. 116
"An Act relating to welfare to work tax credits under the Alaska
Net Income Tax Act; and providing for an effective date."
- MOVED SB 116 OUT OF COMMITTEE
SENATE CONCURRENT RESOLUTION NO. 9
Declaring June 1 - 7, 1997, to be Alaska Garden Week.
- MOVED SCR 9 OUT OF COMMITTEE
PREVIOUS SENATE COMMITTEE ACTION
HJR 16 - No previous action to record.
SB 76 - No previous action to record.
SB 88 - See Labor and Commerce Committee minutes dated 3/6/97.
SB 89 - See Labor and Commerce Committee minutes dated 3/25/97.
SB 90 - See Labor and Commerce Committee minutes dated 3/18/97 and
4/3/97.
SB 91 - See Labor and Commerce Committee minutes dated 3/18/97.
SB 103 - No previous action to record.
SB 116 - See Senate State Affairs Committee minutes dated 3/25/97
and 3/27/97.
SCR 9 - No previous action to record.
WITNESS REGISTER
Representative Al Vezey
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Prime Sponsor of HJR 16
Catherine Reardon, Director
Division of Occupational Licensing
Department of Commerce & Economic Development
P.O. Box 110809
Juneau, AK 99811-0809
POSITION STATEMENT: Offered information on SB 89 & SB 90
Scott Crowther
1726 Bellevue Loop
Anchorage, AK 99515
POSITION STATEMENT: Testified in support of SB 90
Dr. Dennis Anderson
17638 Kahiltna Drive
Eagle River, AK 99577
POSITION STATEMENT: Commented on SB 90
Annette Kreitzer, Staff to Senate Labor & Commerce Committee
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Suggested amendment to SB 91
Paula Haley, Executive Director
Alaska State Commission for Human Rights
800 A St., Suite 204
Anchorage, AK 99501
POSITION STATEMENT: Testified in support of SB 103
ACTION NARRATIVE
TAPE 97-20, SIDE A
Number 001
CHAIRMAN GREEN called the Senate State Affairs Committee to order
at 4:55 p.m. and stated the first order of business would be the
confirmation hearings on Governor Knowles' appointees to boards and
commissions. There being no testimony or questions on the
nominees, she requested a motion, adding that she had some
questions on the appointment of Richard Heacock to the State
Commission on Human Rights but that she would address that
separately in a letter or a phone call.
SENATOR WARD moved the names of the following appointees be
forwarded to a joint session for consideration:
State Commission for Human Rights: Martha L. Gore, Kathy Wistof,
Richard Heacock
Commission on Judicial Conduct: Dianne I. Brown, Ethel Staton
Alaska Labor Relations Agency: Robert A. Doyle, Blair Schad
Alaska Mental Health Trust Authority Board of Trustees: John Pugh
Personnel Board: Katie T. Hurley
Alaska Public Offices commission: Joyce Michaelson
Assessment Review Board: Rick Stovarsky
Alaska Public Defender: Barbara Brink
Hearing no objection, CHAIRMAN GREEN stated the motion carried, and
clarified that the committee members' signatures on the report do
not necessarily indicate endorsement of the appointees.
Number 030
HJR 16 SUPPORT FEDERAL BALANCED BUDGET AMENDMENT
CHAIRMAN GREEN brought HJR 16 before the committee as the next
order of business.
REPRESENTATIVE AL VEZEY, prime sponsor of HJR 16, explained the
resolution encourages and commends Alaska's congressional
delegation for supporting a balanced budget amendment to the United
States Constitution.
SENATOR MACKIE moved HJR 16 be passed out of committee with
individual recommendations. Hearing no objection, it was so
ordered.
SB 88 BOARD OF PUBLIC ACCOUNTANCY
CHAIRMAN GREEN brought SB 88 before the committee, and there being
no testimony on the legislation, she requested a motion to move SB
88 out of committee.
SENATOR MACKIE moved SB 88 be passed out of committee with
individual recommendations. Hearing no objection, it was so
ordered.
SB 89 BARBERS AND HAIRDRESSERS
CHAIRMAN GREEN brought SB 89 before the committee as the next order
of business.
CATHERINE REARDON, Director, Division of Occupational Licensing,
Department of Commerce & Economic Development, voiced the Board of
Barbers and Hairdressers' support for the language change made in
the Senate Labor & Commerce Committee relating to cosmetologists.
SENATOR MACKIE pointed out that the Labor & Commerce Committee also
changed the sunset dates from "2003" to "2001" on all pieces of
legislation relating to boards that were before the committee.
There being no further testimony on SB 89, CHAIRMAN GREEN requested
a motion on the legislation.
SENATOR MACKIE moved SB 89 be passed out of committee with
individual recommendations. Hearing no objection, it was so
ordered.
SB 90 DENTISTS: LICENSING & EXTEND EXAMINING BD
CHAIRMAN GREEN brought SB 90 before the committee as the next order
of business.
Number 080
CATHERINE REARDON, Director, Division of Occupational Licensing,
Department of Commerce & Economic Development, voiced the
department's support for extending the sunset date of the Board of
Dentistry. However, she said the board has concerns with Sections
4 and 5 relating to amalgam fillings and does not support those two
sections.
Number 097
SCOTT CROWTHER, testifying from Anchorage, stated he was testifying
on SB 90 because he is a dental amalgam victim. He said the
purpose of Sections 4 and 5 are to remove the dental amalgam issue
from the public arena into the professional area where he believes
it belongs. He pointed out Colorado has recently adopted a similar
statute and several other states are working on the same issue.
European countries and Canada have taken steps to phase out and ban
the dental amalgam because of existing scientific documents on the
damage that it does to the human body. Sections 4 and 5 will allow
the dentist to inform the patient of the toxic insult being
received from the amalgam, and, if the patient desires, the dentist
can remove the amalgam and not have to be working with the threat
of board review as is the current situation.
Number 134
DR. DENNIS L. ANDERSON, an Eagle River dentist testifying from
Anchorage, stated he has been practicing dentistry in Alaska for
over 20 years. He has served on the Board of Dental Examiners for
five years, part of which time he served as its chairman. He said
he was trained in dental school to believe that the mercury in the
amalgam was retained in the filling and stayed there. However, new
technology showed that the mercury vapor actually came out of the
amalgam fillings. Animal studies documented that the mercury came
out of the fillings and went to the major organs in the body.
After working around mercury for over 20 years he started having
neurological problems, which he found out were the result of
working with mercury all those years. He thinks dentists are in a
position where they can help people who may be experiencing
problems because of mercury toxicity, which is in the best interest
of their patients.
Number 187
CHAIRMAN GREEN commented that SB 90 provides that the board may not
impose a disciplinary sanction on a dentist based solely on the
grounds that the dentist removed, replaced or recommended removal
or replacement of a professionally recognized restorative material,
etc., so the legislation is not related specifically to amalgam.
CATHERINE REARDON said the dental board's basic concern is not
about choosing to put in the composite plastic fillings or the
metal fillings into new or old cavities. The concern appears to
be that some people who have metal fillings in their mouth that are
not broken or defective in any way might be told by a naturopath or
another health practitioner that they need to go and have them all
taken out and replaced with the composite plastic fillings. The
board is concerned about exaggerated claims relating to health
benefits in having the metal filling removed. The board is
concerned that in some cases people could be lead into expensive
treatment that won't help them and that they may not need, and
they would not want to be prohibited from the possibility of
disciplining a dentist who was taking out peoples' existing metal
fillings.
Number 245
There being no further testimony on SB 90, SENATOR MACKIE moved SB
90 and the accompanying zero fiscal note be passed out of committee
with individual recommendations. Hearing no objection, it was so
ordered.
Number 250
SB 91 PHYSICAL THERAPY AND OCCUPATIONAL THERAPY
CHAIRMAN GREEN brought SB 91 before the committee as the next order
of business.
ANNETTE KREITZER, staff to the Senate Labor & Commerce Committee,
stated that when CSSB 91(L&C) moved out of that committee, the
drafter did not catch a technical change that needed to be made to
a reference in AS 08.84.065. She suggested amending the bill by
inserting a new Section 4 to correct the omission.
SENATOR MACKIE moved the following amendment to CSSB 91(L&C):
Page 3, line 28: Insert a new Section 4 to read as follows:
*Sec. 4. AS 08.84.065(a) is amended to read:
(a) The board may issue a nonrenewable temporary permit
to an applicant for licensure by acceptance of credentials or by
examination who
(1) meets the requirements of
(A) AS 08.84.030(a)(1) or (b)(1); or
(B) AS 08.84.032(a)(2) and (4) or (b)(2) and
(4) [(b)(2) AND (3)]; and
(2) pays the required fee.
Renumber following sections accordingly.
Hearing no objection, CHAIRMAN GREEN stated the amendment was
adopted and would be incorporated in a State Affairs CS.
SENATOR MACKIE moved CSSB 91(STA) be passed out of committee with
individual recommendations. Hearing no objection, it was so
ordered.
Number 280
SB 103 HUMAN RIGHTS COMMISSION FEES & HEARINGS
CHAIRMAN GREEN brought SB 103 before the committee as the next
order of business.
PAULA HALEY, Executive Director, Alaska State Commission for Human
Rights, testifying from Anchorage on SB 103, stated the legislation
is part of their agency's response to the increased demand for
services for the public in the wake of diminishing resources. She
pointed out that during the past 15 years complaints of
discrimination filed with the commission have nearly tripled, while
during the same time frame, the agency lost 35 percent of its
staff. Due to the extraordinary increase in filings of complaints
their case inventory has increased to an all time high. To better
face this increased workload, the commission has reviewed and
revised procedures, amended its regulations, proposing further
amendments, as well as proposing this legislation.
Ms. Haley explained SB 103 will allow for both cost-saving measures
and the authority to charge fees for certain services. Any fees
generated and, most importantly, the money saved from the holding
the hearings at the commission's office and not transcribing each
hearing will be used towards the investigation and enforcement of
the human rights law. The money will allow the agency to use
temporary staff in the processing of investigations, pay for
overtime and possibly will allow them to schedule more hearings so
there is not delay at that end of the process.
In closing, Ms. Haley urged the committee's support for passage of
SB 103.
Number 309
SENATOR MACKIE noted correspondence had been received from the
Alaska Native Brotherhood relating to their concern that there may
be individuals who do not have the resources to post a fee, and he
asked Ms. Haley if these individuals would be denied services if
they were unable to post the fee. MS. HALEY responded that the
same concern was raised in the House in hearings on HB 155 so the
word "educational" was added in front of the words "services,
information and materials". She added that the genius of this
particular bill originated from the fact that one of the
commission's roles is to eliminate discrimination, not only from
enforcement but through prevention education, so the commission is
not so much concerned about filing fees.
SENATOR MACKIE moved the following amendment to SB 103:
Amendment No. 1
Page 1, line 12: Between the words "for" and "services" insert
"educational"
Hearing no objection to the amendment, CHAIRMAN GREEN stated the
amendment was adopted and would be incorporated into a State
Affairs CS.
SENATOR MACKIE moved CSSB 103(STA) be passed out of committee with
individual recommendations. Hearing no objection, it was so
ordered.
Number 355
SB 116 WELFARE TO WORK TAX CREDITS
CHAIRMAN GREEN brought SB 116 back before the committee. There
being no additional testimony on the legislation, she asked for the
pleasure of the committee.
SENATOR MACKIE moved SB 116 and the accompanying fiscal note be
passed out of committee with individual recommendations. Hearing
no objection, it was so ordered.
SCR 9 ALASKA GARDEN WEEK
CHAIRMAN GREEN brought SCR 9 before the committee as the final
order of business.
SENATOR MACKIE moved SCR 9 be passed out of committee with
individual recommendations. Hearing no objection, it was so
ordered.
There being no further business to come before the committee,
CHAIRMAN GREEN adjourned the meeting at 5:20 p.m.
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