ALASKA STATE LEGISLATURE  SENATE LABOR AND COMMERCE STANDING COMMITTEE  May 3, 2005 1:40 p.m. MEMBERS PRESENT Senator Ralph Seekins, Chair Senator Charlie Huggins, Vice Chair Senator Bettye Davis Senator Ben Stevens MEMBERS ABSENT  Senator Johnny Ellis   COMMITTEE CALENDAR CS FOR HOUSE BILL NO. 123(RLS) am "An Act relating to occupational licensing fees, fines, and penalties and to regulatory board fines; extending the termination dates of the Boards of Barbers and Hairdressers, Social Work Examiners, Pharmacy, Professional Counselors, Psychologist and Psychological Associate Examiners, and Veterinary Examiners; relating to psychologist licensing by credentials; relating to an exemption that allows one bill to continue more than one board, commission, or agency program; and providing for an effective date." MOVED CSHB 123(RLS)am OUT OF COMMITTEE CS FOR HOUSE BILL NO. 169(FIN) "An Act relating to the educational requirements for certain real estate brokers, associate brokers, and salespersons with new or suspended licenses; relating to review of real estate transactions by attorneys or associate brokers; relating to the requirements for a real estate broker license and an associate real estate broker license; and providing for an effective date." MOVED CSHB 169(FIN) OUT OF COMMITTEE HOUSE BILL NO. 120 "An Act relating to safety devices and sharp instruments for the prevention of the spread of bloodborne pathogens in health care employees; and providing for an effective date." MOVED HB 120 OUT OF COMMITTEE HOUSE BILL NO. 213 "An Act relating to alcohol server education." MOVED HB 213 OUT OF COMMITTEE CS FOR HOUSE BILL NO. 181(L&C) "An Act authorizing a waiver for active duty military service of continuing education requirements for renewal of occupational licenses." MOVED CSHB 181(L&C) OUT OF COMMITTEE SENATE BILL NO. 180 "An Act relating to breaches of security involving personal information, consumer report security freezes, protection of social security numbers, disposal of records, and the accuracy of reports on credit history, score, and ranking." REMOVED FROM THE AGENDA PREVIOUS COMMITTEE ACTION BILL: HB 123 SHORT TITLE: OCCUPATIONAL BDS:EXTENSION/RECEIPTS/PSYCH SPONSOR(s): LABOR & COMMERCE 02/02/05 (H) READ THE FIRST TIME - REFERRALS 02/02/05 (H) L&C, FIN 02/07/05 (H) L&C AT 3:15 PM CAPITOL 17 02/07/05 (H) Moved CSHB 123(L&C) Out of Committee 02/07/05 (H) MINUTE(L&C) 02/09/05 (H) L&C RPT CS(L&C) 6DP 02/09/05 (H) DP: CRAWFORD, LYNN, LEDOUX, GUTTENBERG, ROKEBERG, ANDERSON 04/01/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519 04/01/05 (H) 04/07/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519 04/07/05 (H) Heard & Held 04/07/05 (H) MINUTE(FIN) 04/11/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519 04/11/05 (H) Moved CSHB 123(FIN) Out of Committee 04/11/05 (H) MINUTE(FIN) 04/12/05 (H) FIN RPT CS(FIN) NT 2DP 5NR 1AM 04/12/05 (H) DP: HAWKER, FOSTER; 04/12/05 (H) NR: HOLM, STOLTZE, MOSES, WEYHRAUCH, MEYER; 04/12/05 (H) AM: KELLY 04/20/05 (H) RLS AT 8:30 AM CAPITOL 106 04/20/05 (H) Moved CSHB 123(RLS) Out of Committee 04/20/05 (H) MINUTE(RLS) 04/21/05 (H) RLS RPT CS(RLS) NT 2DP 1NR 3AM 04/21/05 (H) DP: COGHILL, ROKEBERG; 04/21/05 (H) NR: MCGUIRE; 04/21/05 (H) AM: KOHRING, BERKOWITZ, KERTTULA 04/21/05 (H) RETURNED TO RLS COMMITTEE 04/22/05 (H) RLS CS ADOPTED Y21 N13 E2 A4 04/25/05 (H) TRANSMITTED TO (S) 04/25/05 (H) VERSION: CSHB 123(RLS) AM 04/26/05 (S) READ THE FIRST TIME - REFERRALS 04/26/05 (S) L&C, FIN 05/03/05 (S) L&C AT 1:30 PM BELTZ 211 BILL: HB 169 SHORT TITLE: REAL ESTATE LICENSEES SPONSOR(s): REPRESENTATIVE(s) ROKEBERG 02/22/05 (H) READ THE FIRST TIME - REFERRALS 02/22/05 (H) L&C, FIN 04/06/05 (H) L&C AT 3:15 PM CAPITOL 17 04/06/05 (H) Moved CSHB 169(L&C) Out of Committee 04/06/05 (H) MINUTE(L&C) 04/08/05 (H) L&C RPT CS(L&C) NT 5DP 1NR 04/08/05 (H) DP: CRAWFORD, LYNN, LEDOUX, ROKEBERG, ANDERSON; 04/08/05 (H) NR: GUTTENBERG 04/13/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519 04/13/05 (H) Heard & Held 04/13/05 (H) MINUTE(FIN) 04/14/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519 04/14/05 (H) Moved CSHB 169(FIN) Out of Committee 04/14/05 (H) MINUTE(FIN) 04/18/05 (H) FIN RPT CS(FIN) NT 7DP 2NR 04/18/05 (H) DP: HAWKER, STOLTZE, CROFT, HOLM, MOSES, FOSTER, MEYER; 04/18/05 (H) NR: KELLY, CHENAULT 04/21/05 (H) TRANSMITTED TO (S) 04/21/05 (H) VERSION: CSHB 169(FIN) 04/22/05 (S) READ THE FIRST TIME - REFERRALS 04/22/05 (S) L&C, FIN 04/26/05 (S) L&C AT 1:30 PM BELTZ 211 04/26/05 (S) -- Meeting Canceled -- 05/03/05 (S) L&C AT 1:30 PM BELTZ 211 BILL: HB 120 SHORT TITLE: HEALTH CARE EMPLOYEE PROTECTION SPONSOR(s): REPRESENTATIVE(s) WILSON 02/02/05 (H) READ THE FIRST TIME - REFERRALS 02/02/05 (H) HES, L&C 02/24/05 (H) HES AT 3:00 PM CAPITOL 106 02/24/05 (H) Moved Out of Committee 02/24/05 (H) MINUTE(HES) 02/25/05 (H) HES RPT 4DP 1NR 02/25/05 (H) DP: CISSNA, GARDNER, SEATON, WILSON; 02/25/05 (H) NR: KOHRING 03/22/05 (H) L&C AT 1:00 PM CAPITOL 17 03/22/05 (H) Moved Out of Committee 03/22/05 (H) MINUTE(L&C) 03/23/05 (H) L&C RPT 4DP 2NR 03/23/05 (H) DP: CRAWFORD, LYNN, GUTTENBERG, ANDERSON; 03/23/05 (H) NR: LEDOUX, ROKEBERG 04/12/05 (H) TRANSMITTED TO (S) 04/12/05 (H) VERSION: HB 120 04/13/05 (S) READ THE FIRST TIME - REFERRALS 04/13/05 (S) HES, L&C 04/25/05 (S) HES AT 2:00 PM BUTROVICH 205 04/25/05 (S) Scheduled But Not Heard 04/27/05 (S) HES AT 1:30 PM BUTROVICH 205 04/27/05 (S) Moved HB 120 Out of Committee 04/27/05 (S) MINUTE(HES) 04/28/05 (S) HES RPT 3DP 1NR 04/28/05 (S) DP: DYSON, ELTON, WILKEN 04/28/05 (S) NR: OLSON 05/03/05 (S) L&C AT 1:30 PM BELTZ 211 BILL: HB 213 SHORT TITLE: ALCOHOL SERVER EDUCATION SPONSOR(s): REPRESENTATIVE(s) RAMRAS 03/09/05 (H) READ THE FIRST TIME - REFERRALS 03/09/05 (H) L&C, FIN 04/13/05 (H) L&C AT 3:15 PM CAPITOL 17 04/13/05 (H) Moved Out of Committee 04/13/05 (H) MINUTE(L&C) 04/18/05 (H) L&C RPT 5DP 1NR 04/18/05 (H) DP: LYNN, KOTT, LEDOUX, ROKEBERG, ANDERSON; 04/18/05 (H) NR: GUTTENBERG 04/25/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519 04/25/05 (H) Moved Out of Committee 04/25/05 (H) MINUTE(FIN) 04/26/05 (H) FIN RPT 6DP 2NR 04/26/05 (H) DP: HAWKER, HOLM, WEYHRAUCH, FOSTER, MEYER, CHENAULT; 04/26/05 (H) NR: JOULE, KELLY 04/29/05 (H) TRANSMITTED TO (S) 04/29/05 (H) VERSION: HB 213 05/01/05 (S) READ THE FIRST TIME - REFERRALS 05/01/05 (S) L&C 05/03/05 (S) L&C AT 1:30 PM BELTZ 211 BILL: HB 181 SHORT TITLE: WAIVE CONTINUING EDUC. REQ FOR MILITARY SPONSOR(s): REPRESENTATIVE(s) COGHILL 02/28/05 (H) READ THE FIRST TIME - REFERRALS 02/28/05 (H) MLV, L&C 03/17/05 (H) MLV AT 1:00 PM CAPITOL 124 03/17/05 (H) Moved Out of Committee 03/17/05 (H) MINUTE(MLV) 03/18/05 (H) MLV RPT CS(MLV) 6DP 03/18/05 (H) DP: THOMAS, GRUENBERG, CISSNA, ELKINS, MCGUIRE, LYNN 04/15/05 (H) L&C AT 3:15 PM CAPITOL 17 04/15/05 (H) Moved CSHB 181(L&C) Out of Committee 04/15/05 (H) MINUTE(L&C) 04/18/05 (H) L&C RPT CS(MLV) 5DP 04/18/05 (H) DP: LYNN, LEDOUX, GUTTENBERG, ROKEBERG, KOTT 04/19/05 (H) CORRECTED L&C RPT CS(L&C) NT 4DP 1NR 04/19/05 (H) DP: GUTTENBERG, LYNN, LEDOUX, KOTT; 04/19/05 (H) NR: ROKEBERG 04/21/05 (H) TRANSMITTED TO (S) 04/21/05 (H) VERSION: CSHB 181(L&C) 04/22/05 (S) READ THE FIRST TIME - REFERRALS 04/22/05 (S) STA, L&C 04/28/05 (S) STA AT 3:30 PM BELTZ 211 04/28/05 (S) Moved CSHB 181(L&C) Out of Committee 04/28/05 (S) MINUTE(STA) 04/29/05 (S) STA RPT 5DP 04/29/05 (S) DP: THERRIAULT, ELTON, WAGONER, HUGGINS, DAVIS 05/03/05 (S) L&C AT 1:30 PM BELTZ 211 WITNESS REGISTER JOSH APPLEBEE Staff to Representative Tom Anderson Alaska State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Commented on HB 123 for the sponsor. PAT DAVIDSON Division of Legislative Audit Alaska State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Supported HB 123. REPRESENTATIVE ROKEBERG Alaska State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Sponsor of HB 169. PEGGY ANN MCCHONNICHIE Alaska Association of Realtors Juneau AK POSITION STATEMENT: Supported HB 169. REPRESENTATIVE PEGGY WILSON Alaska State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Sponsor of HB 120. CAMILLE SOLEIL, Executive Director Alaska Nurses Association Juneau AK POSITION STATEMENT: Supported HB 120. GREY MITCHELL, Director Labor Standards and Safety Department of Labor & Workforce Development PO Box 21149 Juneau, AK 99802-1149 POSITION STATEMENT: Supported HB 120. JANE PIERSON Staff to Representative Ramras Alaska State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Introduced HB 213 for sponsor. DOUG GRIFFIN, Director Alcohol Beverage Control Board (ABC) Anchorage AK POSITION STATEMENT: Supported HB 213. KAREN ROGINA, CEO Alaska Hospitality Alliance Anchorage AK POSITION STATEMENT: Supported HB 213. TAMMY KILBOURN Fairbanks AK POSITION STATEMENT: Supported HB 213. PAUL THOMAS Alaska Cache Liquor Triangle Club Bar Juneau AK POSITION STATEMENT: Supported HB 213. KAREN LIDSTER Staff to Representative Coghill Alaska State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Introduced HB 181 for sponsor. ACTION NARRATIVE [THE RECORDING FOR THE 5/3/05 SENATE LABOR AND COMMERCE MEETING IS IN SENATE THE RESOURCES FOLDER IN THE FTR PLAYBACK PANEL] CHAIR RALPH SEEKINS called the Senate Labor and Commerce Standing Committee meeting to order at 1:40:24 PM. Present were Senators Davis, Ben Stevens and Chair Seekins. CSHB 123(RLS)am-OCCUPATIONAL BDS:EXTENSION/RECEIPTS/PSYCH  CHAIR SEEKINS announced CSHB 123(RLS)am to be up for consideration. JOSH APPLEBEE, staff to Representative Tom Anderson, sponsor, said that this bill combines six boards into one bill - the Board of Barbers and Hairdressers, Social Work Examiners, Board of Pharmacy, Professional Counselors, Board of Psychology and Psychological Associates and Veterinary Examiners. They are all good boards and have been extended as per the recommendation of the Division of Legislative Audit. In addition, the Board of Psychology and Psychological Associates wanted to adopt regulations that recognize other organizations that credential. Currently, the statute provides for licensing by credential through the American Board of Professional Psychologists. In adopting regulations regarding licensing by credentials, the board must insure that requirements are essentially similar or higher than the requirements for licensure under the chapter. PAT DAVIDSON, Division of Legislative Audit, said the extension dates were recommended by her division and are staggered so that the number up for sunset in any given year is even as possible. She saw no discrepancies. CHAIR SEEKINS noted that no one opposed the bill and closed public testimony. 1:43:22 PM SENATOR BEN STEVENS moved to pass CSHB 123(RLS)am from committee with individual recommendations and attached fiscal note. There were no objections and it was so ordered. 1:43:22 recess 1:44:14 CSHB 169(FIN)-REAL ESTATE LICENSEES  CHAIR SEEKINS announced HB 169to be up for consideration. REPRESENTATIVE ROKEBERG, sponsor, explained that HB 169 provides for post-licensing education of 20 hours after the individual takes the examination and receives his initial license. This is very much a consumer protection bill and has the support of the industry. It also ratifies the concept of hiring an attorney to review and supervise transactions, which is particularly helpful to large firms. PEGGY ANN MCCHONNICHIE, Alaska Association of Realtors, supported HB 169. 1:46:30 PM SENATOR BEN STEVENS moved to pass CSHB 169(FIN) from committee with attached fiscal notes and individual recommendations. There were no objections and it was so ordered. HB 120-HEALTH CARE EMPLOYEE PROTECTION  CHAIR SEEKINS announced HB 120 to be up for consideration. REPRESENTATIVE PEGGY WILSON, sponsor, explained that HB 120 is a housekeeping bill that brings Alaska statutes in line with federal statutes as far as blood borne pathogens are concerned. Dentists and medical offices with less than 25 people were exempted from the provisions when the legislature passed its law in 2000. The federal law passed without the exemption. Not aligning our statutes with federal statutes would prohibit the state from getting federal grants. The bloodborne pathogen statutes try to keep patients and employees safe from diseases like hepatitis and AIDS. Medical offices already do all they can to protect themselves and their patients and this change is not expected to impact anyone. 1:52:21 PM SENATOR HUGGINS joined the committee. CAMILLE SOLEIL, Executive Director, Alaska Nurses Association, supported HB 120. It's clarification of expectations for compliance and enables safe practices for our nurses and for their patients. In addition, if state laws comply with the federal regulations, state OSHA can then enforce OSHA standards and any OSHA-compliance challenges can be heard locally, which we believe will save businesses money in the long run. GREY MITCHELL, Director, Division of Labor Standards and Safety, Department of Labor and Workforce Development (DOLWD), supported HB 120. 1:54:08 PM SENATOR BEN STEVENS moved to report HB 120 from committee with individual recommendations and attached fiscal notes. There were no objections and it was so ordered. 1:54 - 1:55 - Recess HB 213-ALCOHOL SERVER EDUCATION  CHAIR SEEKINS announced HB 213 to be up for consideration. JANE PIERSON, staff to Representative Ramras, sponsor, explained the provisions of the bill. The alcohol server education course was instituted several years ago with the intent of reducing the number of impaired drivers on the road and it has been very successful. However, every three years competent bartenders, servers and doormen have to spend three to four hours taking an alcohol server education course, which is quite redundant. In the service industry it could mean losing three to four hours of wages and gratuities. HB 213 will allow alcohol servers who have been successfully working in the industry to renew their alcohol server education cards without retaking the full course provided that they pass the test. If a server fails the test, he would be required to retake the course. 1:57:08 PM SENATOR DAVIS asked if you currently have to take a test each time you renew your card. MS. PIERSON replied yes. CHAIR SEEKINS asked where the test is administered. MS. PIERSON replied that the monitored tests are administered by different agencies in different places throughout the state. 1:57:40 PM SENATOR HUGGINS asked if training people in rural communities was a problem. MS. PIERSON replied that there are times when the course cannot efficiently be offered in small rural communities, but there are other ways to go about teaching it. SENATOR HUGGINS said his number one concern is that this becomes a course where someone just comes in and gets his card signed. DOUG GRIFFIN, Director, Alcohol Beverage Control Board (ABC), responded that he didn't think he should be concerned. The role of the ABC Board is to approve the courses and several vendors offer approved alcohol server training. Nationwide packages are customized to reflect the rules and laws of the State of Alaska. He is satisfied that they are appropriately taught even though this area is evolving with use of computer-generated instruction and testing, some of which were approved for the more rural locations. 2:00:08 PM SENATOR HUGGINS asked if the training done in a rural areas has problems. MR. GRIFFIN replied that it is valid for him to be curious about that, but to his knowledge vendors are doing it appropriately. He said the board is looking at the new technology that tests people on each module before going forward to the next module. It seems to be very effective and he believed the board would tweak the regulations to allow that technology within a year. 2:02:07 PM KAREN ROGINA, CEO, Alaska Hospitality Alliance, supported HB 213. This bill improves alcohol server training in Alaska by making it faster and easier for experienced servers to be in compliance with the law. Effectively, this bill allows someone who is already trained and certified in alcohol server training in accordance with the State of Alaska's provisions in Title 4 to renew their certification by taking a test rather than sitting through another four-hour class. It's important to note that the cost of the class and the time required to take the class is often paid by the server, not the employer and is done on server's own time. Passing a written test accomplishes the spirit of what was intended by insuring the server is experienced in techniques of alcohol serving and guest management and it makes compliance more accessible as it is easier to make a test available to a server than it is to bring an instructor or otherwise make a four- hour class available to rural areas.... 2:03:56 PM TAMMY KILBOURN, Fairbanks, said she is a professional bartender and supported HB 213. She believes the test needs to be taken to remind you of your duties and to keep everybody on the same page of the new laws. 2:04:47 PM PAUL THOMAS, Alaska Cache Liquor, supported HB 213. He thought it would actually lead to advanced training levels, because instructors would be at the same level and would be able to respond to more specific questions. He also would not be opposed to charging the same fees for both types of classes. 2:06:00 PM SENATOR BEN STEVENS moved HB 213 from committee with individual recommendations and attached fiscal notes. There were no objections and it was so ordered. 2:06 - 2:10 - Recess 2:11:33 PM  CSHB 181(L&C)-WAIVE CONTINUING EDUC. REQ FOR MILITARY    CHAIR SEEKINS announced HB 181 to be up for consideration. KAREN LIDSTER, staff to Representative Coghill, sponsor, explained that HB 181 is a continuing education waiver for members of the armed forces and it eliminates the possibility of a professional licensee losing his or her license because of failure to fulfill statutory requirements for continuing education while serving on active duty, especially in places where continuing education is not available. In the meantime, they are penalized by losing their license. It has a zero fiscal note. 2:12 - 2:17 - Recess 2:17:15 PM SENATOR HUGGINS moved to report CSHB 181(L&C) from committee with individual recommendations and attached fiscal note. There were no objections and it was so ordered. CHAIR SEEKINS adjourned the meeting at 2:19:03 PM.