SENATE LABOR AND COMMERCE COMMITTEE February 29, 1996 1:40 p.m. MEMBERS PRESENT Senator Tim Kelly, Chairman Senator John Torgerson, Vice Chairman Senator Mike Miller Senator Judy Salo MEMBERS ABSENT Senator Jim Duncan COMMITTEE CALENDAR SENATE BILL NO. 186 "An Act relating to partnerships; amending Alaska Rules of Civil Procedure 20 and 24; and providing for an effective date." SENATE BILL NO. 300 "An Act relating to the Uniform Commercial Code, primarily to investment securities; amending Rule 8(d), Alaska Rules of Civil Procedure; and providing for an effective date." SENATE BILL NO. 299 "An Act requiring competition in local exchange telephone service." SENATE BILL NO. 43 "An Act relating to membership on the Board of Registration for Architects, Engineers, and Land Surveyors; relating to registration by the board; clarifying the meaning of practicing or offering to practice architecture, engineering, or land surveying; deleting teachers of postsecondary land surveying courses from a registration exemption; and amending the definition of 'practice of land surveying.'" CS FOR HOUSE BILL NO. 404(STA) "An Act relating to the Board of Chiropractic Examiners; and providing for an effective date." CS FOR HOUSE BILL NO. 382(STA) "An Act relating to the Board of Dispensing Opticians; and providing for an effective date." PREVIOUS SENATE COMMITTEE ACTION SB 186 - See Labor and Commerce minutes dated 2/8/96. SB 300 - See Labor and Commerce minutes dated 2/27/96. SB 299 - See Labor and Commerce minutes dated 2/27/96. SB 43 - See Labor and Commerce minutes dated 3/7/95, 2/20/96, and 2/27/96. HB 404 - No previous senate committee minutes. HB 382 - No previous senate committee minutes. WITNESS REGISTER Sherman Ernouf, Staff Senate Labor & Commerce Committee State Capitol Juneau, Alaska, 99801-1182¶ POSITION STATEMENT: Commented on SB 299l. Senator Loren Leman State Capitol Juneau, Alaska, 99801-1182¶ POSITION STATEMENT: Prime sponsor of SB 43. George Dozier, Staff Representative Pete Kott, Chairman House Labor & Commerce Committee State Capitol Juneau, Alaska, 99801-1182¶ POSITION STATEMENT: Prime sponsor of HB 404. Randy Welker, Legislative Auditor Division of Legislative Audit P.O. Box 113300 Juneau, AK 99811-3300¶ POSITION STATEMENT: Supported HB 404 & HB 382. Catherine Reardon, Director Division of Occupational Licensing Department of Commerce & Economic Development P.O. Box 110806 Juneau, AK 99811-0806¶ POSITION STATEMENT: Supported HB 404 & HB 382. ACTION NARRATIVE SB 186 LIMITED LIABILITY PARTNERSHIPS  TAPE 96-16, SIDE A Number 001 CHAIRMAN KELLY called the Senate Labor and Commerce Committee meeting to order at 1:40 p.m. and brought up SB 186 as the first order of business before the committee. It is noted that a committee substitute is being drafted for SB 186, and that will be brought up on March 7. SB 300 UNIFORM COMMERCIAL CODE:ART 8(SECURITIES) CHAIRMAN KELLY brought up SB 300 as the next order of business before the Senate Labor & Commerce Committee. He stated the bill was heard at the last committee meeting, and no opposition was heard. SENATOR TORGERSON made a motion to discharge SB 300 from the Labor & Commerce Committee with individual recommendations. CHAIRMAN KELLY, hearing no objection, stated SB 300 was discharged from committee. SB 299 COMPETITIVE LOCAL PHONE SERVICES CHAIRMAN KELLY brought up SB 299 as the next order of business before the Senate Labor & Commerce Committee. He asked committee staff if the committee has heard from APUC. Sherman Ernouf, Staff to the Senate Labor & Commerce Committee, replied there has been no response from APUC, though they have been contacted by the committee. CHAIRMAN KELLY stated he is not surprised. However, SB 299 has a referral to the Finance Committee. He asked if there was a motion on the bill. SENATOR TORGERSON made a motion to discharge SB 299 from the Labor & Commerce Committee with individual recommendations. CHAIRMAN KELLY, hearing no objection, stated SB 299 was discharged from committee. SB 43 ARCHITECTS, ENGINEERS, LAND SURVEYORS CHAIRMAN KELLY brought up SB 43 as the next order of business before the Senate Labor & Commerce Committee. He stated there is a committee substitute for SB 43. SENATOR TORGERSON made a motion to adopt the committee substitute for SB 43. Number 063 SENATOR LOREN LEMAN, prime sponsor of SB 43, explained that at the request of the Senate Labor & Commerce Committee his staff met with Pat Kalen, who serves on the Board of Registration [Mr. Kalen is actually an applicant to the Board of Architects, Engineers & Land Surveyors], and with representatives of the teamsters to iron out some of the challenges identified during the last committee hearing. The result of that meeting was an agreement to disagree: there is a difference of opinion between what the board wants and what the teamsters want. The proposed committee substitute before the committee deletes those sections that were controversial. He believes everything that remains in SB 43 is not controversial. Senator Leman stated that Section 1 is basically a revisor's section. Section 2 is the one on the retired status. Section 3 was recommended by the Department of Law to insert the word "or" in "evidence of practice", so the board can enforce the statute. Section 4 contains those changes to the definition of practice of land surveying that are acceptable to the land surveyors. Senator Leman stated he is not aware of any opposition to what remains. CHAIRMAN KELLY asked if there is objection to adoption of the committee substitute for SB 43. Hearing none, the chairman stated the committee substitute has been adopted. SENATOR TORGERSON made a motion to discharge CSSB 43(L&C) from the Senate Labor & Commerce Committee with individual recommendations. CHAIRMAN KELLY, hearing no objections, stated SB 43 was discharged from committee. HB 404 BOARD OF CHIROPRACTORS Number 094 CHAIRMAN KELLY brought up HB 404 as the next order of business before the Senate Labor & Commerce Committee. He asked the sponsor's representative to testify. GEORGE DOZIER, Staff to Representative Pete Kott - Chairman of the House Labor & Commerce Committee, prime sponsor of HB 404, stated the bill would extend the Board of Chiropractic Examiners to June 30, 2002. It is currently due to sunset this year. It also contains several repealers. Section 2 repeals AS 08.20.120(b) and AS 08.20.140. The reason for repealing the section is that it is not workable: licensure requirements in other states are not substantially similar or equivalent to Alaska's licensure requirements. RANDY WELKER, Legislative Auditor, Division of Legislative Audit, supports SB 404 as drafted. CATHERINE REARDON, Director, Division of Occupational Licensing, Department of Commerce & Economic Development, supports HB 404. CHAIRMAN KELLY moved on to the next order of business before the Senate Labor & Commerce Committee. HB 382 BOARD OF DISPENSING OPTICIANS CHAIRMAN KELLY brought up HB 382 as the next order of business before the Senate Labor & Commerce Committee. He called Ms. Reardon to testify. CATHERINE REARDON, Director, Division of Occupational Licensing, Department of Commerce & Economic Development stated both the division and the Board of Dispensing Opticians support HB 382, which extends the sunset date of that board. CHAIRMAN KELLY asked Mr. Welker if HB 382 fulfills his recommendations. Number 149 RANDY WELKER, Legislative Auditor, Division of Legislative Audit, stated it does, and the division supports the bill as presented to the committee. CHAIRMAN KELLY informed the committee that the legislation would be brought up again the following week. CHAIRMAN KELLY adjourned today's meeting of the Senate Labor & Commerce Committee at 2:48 p.m.