Legislature(1993 - 1994)
03/30/1993 03:00 PM House L&C
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE LABOR AND COMMERCE
STANDING COMMITTEE
March 30, 1993
3:00 p.m.
MEMBERS PRESENT
Rep. Bill Hudson, Chairman
Rep. Brian Porter
Rep. Eldon Mulder
Rep. Bill Williams
Rep. Jerry Mackie
Rep. Joe Sitton
MEMBERS ABSENT
Rep. Joe Green
COMMITTEE CALENDAR
*HB 236: "An Act relating to newspapers of general
circulation."
CSHB 236(L&C) PASSED OUT OF COMMITTEE
*HB 249: "An Act relating to persons whose occupations
involve electrical or mechanical equipment and
systems; and providing for an effective date."
SSHB 249 PASSED OUT OF COMMITTEE
*HB 247: "An Act changing the frequency of certain state
inspections of weights and measures and relating
to the issuance of citations for weights and
measures violations."
PASSED OUT OF COMMITTEE
HB 170: "An Act extending the termination date of the
Board of Marine Pilots."
PASSED OUT OF COMMITTEE
*HB 237: "An Act relating to marine pilot licensing and
tariffs."
HEARD AND HELD OVER
SB 64: "An Act relating to civil liability for workplace
safety inspections; and providing for an effective
date."
NOT HEARD, HELD OVER
*HB 241: "An Act relating to workers' compensation; and
providing for an effective date."
NOT HEARD, HELD OVER
HB 185: "An Act establishing credits for purchasers of
state royalty oil for expenditures made by those
purchasers on qualifying capital investments to be
applied against liquidated purchase arrearage's
established in contracts, settlements, or final
judgments; and providing for an effective date."
NOT HEARD, APPOINTED TO SUBCOMMITTEE
HB 221: "An Act relating to workers' compensation for
volunteer ambulance attendants, police officers,
and fire fighters; and providing for an effective
date."
NOT HEARD
(* First public hearing.)
Confirmations to Boards and Commissions:
Ray Kimberlin - Alaska Workers' Compensation Board
Nancy J. Ridgley - Alaska Workers' Compensation Board
Darrell F. Smith - Alaska Workers' compensation Board
William M. Bishop - Alcohol Beverage and Control Board
Jane Perkins - Alcohol Beverage and Control Board
James Carter - Alaska Public Utilities Commission
Terral F. Wanzer - Real Estate Commission
Ken Kincaid - Real Estate Appraisers
WITNESS REGISTER
BOB GOULD
Alaska Journal of Commerce
880 "N" Street
Anchorage, Alaska 99501
276-8880
Position Statement: Supported HB 236
JOHN MCKAY
Anchorage Daily News
211 H St.
Anchorage, Alaska 99501
276-5231
Position Statement: Opposed HB 236
REP. GARY DAVIS
Alaska State Legislature
State Capitol
Juneau, Alaska 99801-1182
465-2693
Position Statement: Prime Sponsor of HB 249
C.W. MAHLEN, Commissioner
Department of Labor
5950 Sunset St.
Juneau, Alaska 99801
465-2700
Position Statement: Supported HB 249
CHRIS HERBY
P.O. Box 7381
Ketchikan, Alaska 99901
225-9725
Position Statement: Supported HB 249
GARY TRIEWEILER
P.O. Box 2905
Homer, Alaska 99603
235-6977
Position Statement: Supported HB 249
DOUG DONEGAN
Trident Seafoods
5011 Jewell Lake Rd., #203
Anchorage, Alaska 99502
Position Statement: Supported HB 249
DENNY BOWDEN
Department of Labor
3301 Eagle St.
Anchorage, Alaska 99510
Position Statement: Supported HB 249
STANLEY BISHOP
KISS Communications
700 W. 6th, #400
Anchorage, Alaska 99518
Position Statement: Supported HB 249
RALPH WINTERROWD
Winterrowd Telecommunications Inc.
6901 East Tudor, Ste. #7
Anchorage, Alaska 99507
Position Statement: Supported HB 249
GERALD NEWTON
315 Dunbar Ave.
Fairbanks, Alaska 99701
452-8575
Position Statement: Supported HB 249
DAVE ELBERT
183 Concord
Fairbanks, Alaska 99712
457-1914
Position Statement: Supported HB 249
HUGH DOOGAN
359 Slater St.
Fairbanks, Alaska 99701
456-1869
Position Statement: Supported HB 249
GEORGE CARNAHAN
P.O. Box 8202
Kenai, Alaska 99611
776-5570
Position Statement: Supported HB 249
MARTIN HALL
P.O. Box 3574
Soldotna, Alaska 99669
262-7813
Position Statement: Supported HB 249
MARK JOHNSON
P.O. Box 7486
Nikiski, Alaska 99635
776-8593
Position Statement: Supported HB 249
WILL JAHRIG
P.O. Box 51
Kenai, Alaska 99611
283-4262
Position Statement: Supported HB 249
AL DWYER
8711 Barney Circle
Anchorage, Alaska 99502
269-4925
Position Statement: Supported HB 249
MARYLOU VILANDRE
803 Halibut Point Road
Sitka, Alaska 99835
747-8086
Position Statement: Supported HB 249
JOHN SKANNES
204 Katlian St.
Sitka, Alaska 99835
747-8610
Position Statement: Supported HB 249
PETE JURCZAK
1309 Edgecumbe Dr.
Sitka, Alaska 99835
747-5891
Position Statement: Supported HB 249
WENDY MULDER, Special Assistant
Department of Commerce and Economic Development
P.O. Box 110800
Juneau, Alaska 99811-0800
465-2500
Position Statement: Read sponsor statement on HB 247
REP. JERRY SANDERS
Alaska State Legislature
State Capitol
Juneau, Alaska 99801
465-4945
Position Statement: Prime Sponsor of HB 170
REP. BILL HUDSON
Alaska State Legislature
State Capitol
Juneau, Alaska 99801-1182
465-3744
Position Statement: Prime sponsor of HB 237
PAUL FUHS, Commissioner
Department of Commerce and Economic Development
P.O. Box 110800
Juneau, Alaska 99811-0800
465-2500
Position Statement: Presented overview of HB 237
DON SCHROER
Alaska Public Utilities Commission
1016 W. 6th, Suite 400
Anchorage, Alaska 99501-1963
276-6222
Position Statement: No position yet
CARL LUCK, Director
Division of Occupational Licensing
Department of Commerce and Economic Development
P.O. Box 110800
Juneau, Alaska 99811-0800
465-2500
Position Statement: Presented overview of HB 237
PETER LIE-NIELSEN
Alaska Coastwise Pilots Association
P.O. Box 22708
Juneau, Alaska 99802
789-3231
Position Statement: Opposed HB 237
BERNIE SMITH
Alaska Steamship Association
P.O. Box 1630-2
Kenai, Alaska 99611
776-8191
Position Statement: Testified on HB 237
MICHAEL SPENCE
Alaska Coastwise Pilots Association
P.O. Box 3040
Ketchikan, Alaska 99901
247-8382
Position Statement: Opposed HB 237
BILL SWAN
Southeast Pilots Association
Ketchikan, Alaska 99901
725-9696
Position Statement: Supported HB 237
PREVIOUS ACTION
BILL: HB 236
SHORT TITLE: NEWSPAPER OF GENERAL CIRCULATION DEFINED
BILL VERSION:
SPONSOR(S): LABOR & COMMERCE
TITLE: "An Act relating to newspapers of general
circulation."
JRN-DATE JRN-PG ACTION
03/19/93 707 (H) READ THE FIRST TIME/REFERRAL(S)
03/19/93 707 (H) LABOR & COMMERCE
03/30/93 (H) L&C AT 03:00 PM CAPITOL 17
BILL: HB 249
SHORT TITLE: ELECTRICAL/MECHANICAL TRADESPERSONS
BILL VERSION: SSHB 249
SPONSOR(S): REPRESENTATIVE(S) G.DAVIS
TITLE: "An Act relating to persons whose occupations involve
electrical or mechanical equipment and systems; and
providing for an effective date."
JRN-DATE JRN-PG ACTION
03/22/93 733 (H) READ THE FIRST TIME/REFERRAL(S)
03/22/93 733 (H) LABOR & COMMERCE,STATE
AFFAIRS,JUDICIARY
03/30/93 (H) L&C AT 03:00 PM CAPITOL 17
03/30/93 853 (H) SPONSOR SUBSTITUTE
INTRODUCED-REFERRALS
03/30/93 853 (H) L&C, STATE AFFAIRS, JUDICIARY
BILL: HB 247
SHORT TITLE: WEIGHTS & MEASURES: INSPECTIONS/CITATIONS
BILL VERSION:
SPONSOR(S): LABOR & COMMERCE
TITLE: "An Act changing the frequency of certain state
inspections of weights and measures and relating to the
issuance of citations for weights and measure
violations."
JRN-DATE JRN-PG ACTION
03/22/93 732 (H) READ THE FIRST TIME/REFERRAL(S)
03/22/93 732 (H) LABOR & COMMERCE, JUDICIARY
03/30/93 (H) L&C AT 03:00 PM CAPITOL 17
BILL: HB 170
SHORT TITLE: EXTEND BOARD OF MARINE PILOTS
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) SANDERS,Grussendorf
TITLE: "An Act extending the termination date of the Board
of Marine Pilots."
JRN-DATE JRN-PG ACTION
02/22/93 413 (H) READ THE FIRST TIME/REFERRAL(S)
02/22/93 413 (H) LABOR & COMMERCE, FINANCE
03/23/93 (H) L&C AT 03:00 PM CAPITOL 124
03/25/93 (H) L&C AT 03:00 PM CAPITOL 124
03/30/93 (H) L&C AT 03:00 PM CAPITOL 17
BILL: HB 237
SHORT TITLE: MARINE PILOT LICENSING AND TARIFFS
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S)HUDSON,Phillips,Brice,Sitton,
Sanders
TITLE: "An Act relating to marine pilot licensing and
tariffs."
JRN-DATE JRN-PG ACTION
03/19/93 707 (H) READ THE FIRST TIME/REFERRAL(S)
03/19/93 707 (H) L&C, TRANSPORTATION, STA AFF,
FINANCE
03/19/93 (H) COSPONSOR(S): BRICE, SITTON,
SANDERS
03/30/93 (H) L&C AT 03:00 PM CAPITOL 17
BILL: SB 64
SHORT TITLE: IMMUNITY FOR SAFETY INSPECTIONS
BILL VERSION: CSSB 64(JUD)(EFD FLD)
SPONSOR(S): LABOR & COMMERCE
TITLE: "An Act relating to civil liability for workplace
safety inspections."
JRN-DATE JRN-PG ACTION
01/22/93 137 (S) READ THE FIRST TIME/REFERRAL(S)
01/22/93 137 (S) LABOR & COMMERCE, JUDICIARY
02/04/93 (S) L&C AT 01:30 PM BELTZ ROOM 211
02/04/93 (S) MINUTE(L&C)
02/10/93 313 (S) L&C RPT 3DP 2NR
02/10/93 313 (S) ZERO FISCAL NOTE (DCED)
02/19/93 (S) JUD AT 01:30 PM BELTZ ROOM 211
02/19/93 (S) MINUTE(JUD)
02/22/93 (S) JUD AT 01:30 PM BELTZ ROOM 211
02/22/93 (S) MINUTE(JUD)
02/24/93 461 (S) JUD RPT CS 2DP 1NR 1DNP 1AM
SAME TITLE
02/24/93 461 (S) PREVIOUS ZERO FN APPLIES (DCED)
03/03/93 (S) RLS AT 10:45 AM FAHRENKAMP 203
03/03/93 (S) MINUTE(RLS)
03/05/93 614 (S) RULES RPT 3CAL 1DNP W/O AM
3/5/93
03/05/93 623 (S) READ THE SECOND TIME
03/05/93 623 (S) JUD CS ADOPTED UNAN CONSENT
03/05/93 625 (S) AM NO 1 FAILED Y7 N11 E2
03/05/93 626 (S) AM NO 2 FAILED Y8 N10 E2
03/05/93 627 (S) AM NO 3 FAILED Y7 N11 E2
03/05/93 629 (S) AM NO 4 FAILED Y8 N10 E2
03/05/93 630 (S) AM NO 5 FAILED Y8 N10 E2
03/05/93 630 (S) AM NO 6 FAILED Y7 N11 E2
03/05/93 631 (S) ADVANCED TO THIRD READING UNAN
CONSENT
03/05/93 631 (S) PASSED Y11 N7 E2
03/05/93 632 (S) EFFECTIVE DATE FAILED Y11 N7 E2
03/05/93 632 (S) Duncan NOTICE OF RECON
03/08/93 659 (S) RECON TAKEN UP-IN THIRD READING
03/08/93 659 (S) PLACE AT BOTTOM OF CAL PASSED
Y11 N8 E1
03/08/93 673 (S) RETURN TO SECOND FOR AM 1 UNAN
CONSENT
03/08/93 674 (S) AM NO 7 FAILED Y8 N11 E1
03/08/93 674 (S) AUTOMATICALLY IN THIRD READING
03/08/93 674 (S) PASSED ON RECONSIDERATION Y11
N8 E1
03/08/93 675 (S) EFFECTIVE DATE FAILED Y12 N7 E1
03/08/93 677 (S) TRANSMITTED TO (H)
03/10/93 582 (H) READ THE FIRST TIME/REFERRAL(S)
03/10/93 582 (H) LABOR & COMMERCE, JUDICIARY
03/30/93 (H) L&C AT 03:00 PM CAPITOL 17
BILL: HB 241
SHORT TITLE: WORKERS COMP:REQD HEALTH BEN;INSPECTIONS
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) MULDER
TITLE: "An Act relating to workers' compensation; and
providing for an effective date."
JRN-DATE JRN-PG ACTION
03/19/93 708 (H) READ THE FIRST TIME/REFERRAL(S)
03/19/93 709 (H) LABOR & COMMERCE, JUDICIARY
03/30/93 (H) L&C AT 03:00 PM CAPITOL 17
BILL: HB 185
SHORT TITLE: CREDITS AGAINST PURCHASE OF ROYALTY OIL
BILL VERSION:
SPONSOR(S):REPRESENTATIVE(S)GREEN,Barnes,Sanders,James,
Olberg,Kott
TITLE: "An Act establishing credits for purchasers of state
royalty oil for expenditures made by those purchasers on
qualifying capital investments to be applied against
liquidated purchase arrearages established in contracts,
settlements, or final judgments; and providing for an
effective date."
JRN-DATE JRN-PG ACTION
02/25/93 457 (H) READ THE FIRST TIME/REFERRAL(S)
02/25/93 457 (H) LABOR & COMMERCE, FINANCE
03/01/93 495 (H) COSPONSOR(S): KOTT
03/18/93 (H) L&C AT 03:00 PM CAPITOL 17
03/30/93 (H) L&C AT 03:00 PM CAPITOL 17
BILL: HB 221
SHORT TITLE: WORKERS COMP:VOLUNTEER FIRE FIGHTERS, ETC
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) HUDSON,Grussendorf
TITLE: "An Act relating to workers' compensation for
volunteer ambulance attendants, police officers, and fire
fighters; and providing for an effective date."
JRN-DATE JRN-PG ACTION
03/12/93 619 (H) READ THE FIRST TIME/REFERRAL(S)
03/12/93 619 (H) CRA, LABOR & COMMERCE, FINANCE
03/25/93 (H) CRA AT 01:00 PM CAPITOL 124
03/30/93 (H) CRA AT 01:00 PM CAPITOL 124
03/30/93 (H) L&C AT 03:00 PM CAPITOL 17
ACTION NARRATIVE
TAPE 93-27, SIDE A
Number 000
CHAIRMAN HUDSON called the meeting to order at 3:17 p.m. on
March 30, 1993. Members present were Reps. Hudson, Porter,
Williams, Mulder, Sitton and Mackie. Rep. Green was
excused.
HB 236 - NEWSPAPER OF GENERAL CIRCULATION DEFINED
Number 010
BOB GOULD, principal owner of the ALASKA JOURNAL OF
COMMERCE, testified that the purpose of HB 236 was to
promote competition in the market place for legal
advertisements. Most legal advertisements in Alaska appear
in metropolitan dailies. In most other jurisdictions the
same ads would appear in specialty papers and the readership
would mostly be made up of bankers, attorneys and title
companies.
MR. GOULD pointed out that Alaska statutes simply state that
the notices have to appear in a newspaper of general
circulation without a definition of what "a paper of general
circulation" means. Mr. Gould explained that the title
company underwriter was the entity responsible for
publishing the default notices in Alaskan papers and they
are generally out-of-state firms not familiar with the size
and scope of Alaska.
MR. GOULD stated that if HB 236 were to pass, these firms
would be able to publish in newspapers other than the big
three in the state without fear of violating the statutes,
as the definition would be specific.
Number 270
CHAIRMAN HUDSON read the following amendment:
To section 3, add a new sentence to read: "the notice
may be given by using a combination of print and
broadcasting media in communities with two or more
daily newspapers the notice shall be published in the
daily newspaper with the lowest advertising rates."
Number 289
REP. MACKIE read the following amendment:
On page 2, lines 9-10, delete: "have a total paid
circulation of at least 2,500 bona fide subscribers"
and insert: "has an average paid circulation or
distribution of at least 1500 copies of each issue."
Discussion ensued regarding this amendment. The amendment
was moved and adopted.
Number 365
REP. MULDER expressed his concern on line 9, section B, that
the paper had to be in existence for at least two years. He
was concerned that this would hurt new starts.
Number 380
MR. GOULD explained that some arbitrary figure had routinely
been used to ensure that the publication had some track
record to count on. Mr. Gould further pointed out that the
amount of revenue generated by legal notices in the larger
newspapers was small compared to their other sources of
income.
Number 410
JOHN MCKAY, ALASKA DAILY NEWS, testified against HB 236,
stating that it basically disqualified papers that currently
published legal notices. This bill would eliminate smaller
newspapers.
MR. MCKAY believed that the bill is a merchandizing tool for
the Journal of Commerce.
Number 462
CHAIRMAN HUDSON inquired how HB 236 would hurt smaller
newspapers.
Number 470
MR. MCKAY pointed out that a number of the smaller
communities have newspapers with a paid circulation or
distribution of less than 2500, or even the 1500 the
amendment called for.
Number 495
MR. GOULD added that currently four newspapers in Alaska
cover the bulk of the state's legal notices.
Number 521
CHAIRMAN HUDSON stated that it was not the committee's
intention to exclude anyone.
REP. MULDER moved to amend the earlier amendment to lower
the number from 1500 to 1000.
No objections were heard; it was so ordered.
Number 533
REP. MACKIE moved for passage of CSHB 236(L&C) with a fiscal
note, and unanimous consent. No objections were noted; it
was so ordered.
Number 540
HB 249 - ELECTRICAL/MECHANICAL TRADESPERSONS
REP. GARY DAVIS, PRIME SPONSOR of HB 249, read a sponsor
statement. Rep. Davis stated that the purpose of HB 249 is
to protect the safety of people and property in the state
from the danger of improperly installed electrical wiring
and equipment and installed or retrofitted mechanical
systems. This will be accomplished by assuring the public
that persons responsible for making electrical and
mechanical installations in this state are qualified and
that a sufficient number of persons are so qualified.
Number 604
COMMISSIONER CHARLES MAHLEN, DEPARTMENT OF LABOR, testified
in support of HB 249, reiterating the sponsor's statement.
TAPE 93-27, SIDE B
Number 000
CHRIS HERBY testified in support of HB 249 from Ketchikan.
Mr. Herby stated that he practiced as an electrical
administrator in another state that does not have these
provisions and the quality of work performed was much lower
than Alaska's.
Number 041
GARY TRIEWEILER testified in support of HB 249 from Homer.
Mr. Trieweiler echoed the statement given above.
Number 063
DOUG DONEGAN testified in support of HB 249 from Anchorage.
Mr. Donegan echoed the statements given above.
Number 114
DENNY BOWDEN testified in support of HB 249 from Anchorage.
Mr. Bowden echoed the statements given above.
Number 115
STANLEY BISHOP testified in support of HB 249 from
Anchorage. Mr. Bishop echoed the statements given above.
Number 137
RALPH WINTERROWD testified in support of HB 249 from
Anchorage. Mr. Winterrowd echoed the statements given above
and added that he would like to see more prosecutions of
persons who violate these statutes.
GERALD NEWTON, representing the INTERNATIONAL ASSOCIATION OF
ELECTRICAL INSPECTORS, testified from Fairbanks in support
of HB 249.
Number 188
DAVE ELBERT testified in support of HB 249 from Fairbanks
and echoed the above statement.
Number 202
HUGH DOOGAN testified in support of HB 249 from Fairbanks.
Number 226
GEORGE CARNAHAN testified from Kenai that he would support
the bill, except sections 6 and 9 in the sectional analysis.
REP. MACKIE pointed out that the committee was presently
working from a sponsor substitute and not the original bill
Mr. Carnahan was addressing.
Number 301
MARTIN HALL testified in support of HB 249 from Soldotna.
Number 311
MARK JOHNSON testified in support of HB 249 from Soldotna
with the exception of one item on page 9, line 21. Mr.
Johnson stated that the bill should not exempt fire alarms
from inspections.
Number 340
WILL JAHRIG testified in support of HB 249 from Soldotna,
but wanted clarification on the testing procedure and times
between testing.
Number 350
AL DWYER, DEPARTMENT OF LABOR, testified that the testing
would be done weekly.
Number 385
MARYLOU VILANDRE testified from Sitka in support of HB 249,
but expressed her concern regarding contractors from out-of-
state who are not physically present on the job when the
work is done. Ms. Vilandre said she would like to see a
requirement that ensures that this is not allowed.
Number 408
JOHN SKANNES testified from Sitka and echoed Ms. Vilandre's
comments.
PETE JURCZAK testified from Sitka in support of HB 249.
REP. MACKIE moved for passage of SSHB 249 with individual
recommendations, fiscal note, and unanimous consent. No
objection was heard; it was so ordered.
HB 247 - WEIGHTS & MEASURES: INSPECTIONS/CITATIONS
WENDY MULDER, SPECIAL ASSISTANT, DEPARTMENT OF COMMERCE AND
ECONOMIC DEVELOPMENT, read the following sponsor statement
on HB 247:
"Prior to 1986, weights and measures inspectors had the
authority to issue citations for weights and measure
violations. Changes were made to AS 45.75 in 1986 to
authorize weigh station operators to issue citations for
truck size and permit violations. When these changes were
made, the weights and measures inspectors were inadvertently
stripped of their authority to issue citations. During the
last year, the Division of Measurement Standards promulgated
regulations that provide for the registrations of all
weighing and measuring devices with the division and the
payment of an annual fee. To allow the division to
adequately enforce AS 45.75 it is necessary for the weights
and measures inspectors to have the authority to issue
citations for those persons who choose to violate the law.
Most, if not all, weights and measures jurisdictions in the
United States and Canada possess this authority. This does
not mean that a rash of new citations will be issued, but it
does give the weights and measures official an effective
enforcement tool.
"Within current budget constraints, the division is unable
to maintain semiannual inspections in all locations in
Alaska. Amending AS 45.75.080 will allow the director to
establish inspection priorities based on inspection history
of various device types, inspecting most devices at least
annually, and others more often if necessary."
REP. SITTON moved for passage of HB 247 with individual
recommendations, fiscal note, and asked unanimous consent.
No objections were heard; it was so ordered.
CONFIRMATIONS
Number 500
CHAIRMAN HUDSON brought up the following names for
confirmation:
Ray Kimberlin - Alaska Workers' Compensation Board
Nancy J. Ridgley - Alaska Workers' Compensation Board
Darrell F. Smith - Alaska Workers' compensation Board
William M. Bishop - Alcohol Beverage and Control Board
Jane Perkins - Alcohol Beverage and Control Board
James Carter - Alaska Public Utilities Commission
Terral F. Wanzer - Real Estate Commission
Ken Kincaid - Real Estate Appraisers
REP. MACKIE moved for approval of the confirmations.
No objections were noted; they were so ordered.
Number 541
HB 170 - EXTEND BOARD OF MARINE PILOTS
REP. JERRY SANDERS, PRIME SPONSOR of HB 170, stated that the
Board of Marine Pilots was created under AS 08.62.040, and
includes membership of two marine pilots licensed under
Alaska statutes and regulations, two vessel agents or
managers, two public members, and the commissioner of
Commerce or his designee. The board ensures the maintenance
of efficient and competent pilotage service on the inland
and coastal water of and adjacent to the state to assure the
protection of shipping, the safety of human life and
property, and the protection of the marine environment. It
establishes qualifications of and the required training for
pilots, provides for the examination of pilots, and the
issuance of original and renewal licenses to qualified
persons.
REP. SANDERS said continuance of the board is considered
essential due to the continued emphasis on competition, the
requirement to set tariffs, and the constant evolution of
state statutes and regulations which require implementation
in the interest of commerce and safety.
REP. MACKIE moved for passage of HB 170 with individual
recommendations. No objections were heard; it was so
ordered.
Number 567
HB 237 - MARINE PILOT LICENSING AND TARIFFS
CHAIRMAN BILL HUDSON, PRIME SPONSOR of HB 237, read the
sponsor statement. He explained that HB 237 was introduced
to fine-tune Alaska's Marine Pilot Act of 1991, and to
provide a mechanism to determine pilotage tariffs, now left
to the several pilot organizations by statutory provision,
and scheduled to be repealed on June 30, 1994.
CHAIRMAN HUDSON further stated that while the 1991 Act
improved marine pilotage in Alaska, its implementation has
revealed that many problems still need to be addressed,
specifically with regard to the powers of the Board of
Marine Pilots and tariff setting. HB 237 seeks to remedy
these problems by:
1) better defining the powers of the Board of Marine Pilots
to make it more effective; and
2) charging the APUC with the authority to set tariffs.
Number 619
COMMISSIONER PAUL FUHS, DEPARTMENT OF COMMERCE AND ECONOMIC
DEVELOPMENT, testified in support of the work put into HB
237 and emphasized the importance of HB 237. Commissioner
Fuhs pointed out that 95 percent of Alaska's resources move
over the water.
COMMISSIONER FUHS stated that Alaska has four regions in the
state, two of which have competing piloting organizations
and two that don't.
TAPE 93-28, SIDE A
Number 001
COMMISSIONER FUHS explained that a lot of the issues the
committee will deal with are safety and efficiency; some of
the most contentious issues are purely money. Commissioner
Fuhs explained that the department called for a meeting last
month with the various aspects of the pilotage industry and
pilot groups to get people talking and air their concerns.
Number 020
COMMISSIONER FUHS reiterated the importance of moving some
of the decision making to the Alaska Public Utilities
Commission (APUC) and suggested that the APUC be charged
with the responsibility of setting the number of pilots
allowed to operate in the state.
COMMISSIONER FUHS commented that he did not know of any
other industry where the same words were used to mean the
exact opposite, and he expressed his hope that the committee
would look and listen carefully to all sides of the issues.
Number 072
REP. WILLIAMS asked what the outcome was of the meeting Mr.
Fuhs mentioned.
MR. FUHS explained that they were still working on getting
the parties together in some sort of agreeable fashion.
REP. WILLIAMS stated that he was of the opinion that the
people involved in the issues come together instead of
looking to the legislature to solve everything.
Number 115
CHAIRMAN HUDSON commented that he and his staff have met
with all sides of every issue and have come to the
conclusion that it would be impossible to please everyone on
every issue.
CHAIRMAN HUDSON pointed out that his major concerns were:
- safety of the movement of ships in Alaskan waters;
- qualifications of the pilots;
_ making certain that the pilots are separated from the
shipping companies, so that there can be no undue
influence put on the pilots; and
- uniform fees for taking a ship from point A to point
B.
COMMISSIONER FUHS added another concern that the costs of
pilotage not be so high that it be a deterrent to commerce,
and that the number of pilots be so great that pilots can't
make a living.
Number 169
DON SCHROER, CHAIRMAN, ALASKA PUBLIC UTILITIES COMMISSION
(APUC), testified that the commission does not have a
position on HB 237 yet. He said a public meeting would be
scheduled in the near future to develop a commission
position and fiscal note for HB 237. Mr. Schroer asked for
a deferment until the commission has time to evaluate the
costs involved in taking on this added responsibility.
Number 199
CARL LUCK, DIRECTOR, DIVISION OF OCCUPATIONAL LICENSING,
DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT, testified
that under current law there are provisions for competition
within regions as well as across regions. He stated that
there is an unlimited number of pilots; the board is
balanced between the pilot industry and the public; the
board sets maximum tariffs; and then the pilot organizations
negotiate with industry. He further noted that the board
disciplines pilots, approves pilot organizations, sets
training programs, licenses pilots, upgrades pilots, tests
pilots, and creates piloting regions. He said pilots are
independent contractors, prohibited from being employees,
and have to carry insurance.
MR. LUCK stated that HB 237 would limit the number of
pilots, and most states already do that.
MR. LUCK added that he hoped the following issues would be
addressed by this legislature:
- safety on Alaskan waters;
- licensed pilots for cross regions;
- equitable tariffs set by unbiased entity; and
- pilot dispatching.
MR. LUCK detailed some of the requirements to become a
licensed pilot in this state.
CHAIRMAN HUDSON noted that HB 237 does not address the pilot
dispatch issue.
Number 601
REP. PORTER asked, If the Alaska Public Utilities Commission
were to limit the number of pilots, would it pose a problem
to the free movement of commerce?
MR. LUCK explained that the pilotage act does not make the
free movement of commerce a determining factor; safety is
the only concern.
REP. PORTER added that setting the maximum too low would
curtail movement on the waters.
Number 623
MR. LUCK stated that the formula used to set limits, both
minimum and maximum, would have to provide for retirement,
sickness, vacations, etc. Mr. Luck further stated that he
believed this could be done with a considerable amount of
input and time.
TAPE 93-28, SIDE B
Number 001
CHAIRMAN HUDSON stated that he had no problem with amending
the bill to include a statement regarding the free movement
of trade.
MR. LUCK stated that currently the state regulates the
pilots and not the industry, but he envisioned industry
having to come to the table in the future with at least some
quantative analysis of how this affects the bottom line.
REP. WILLIAMS inquired about the numbers Mr. Luck cited on
when and how often pilots work.
MR. LUCK asked that the pilots answer for themselves.
Number 060
PETER LIE-NIELSEN, ALASKA COASTWISE PILOTS, testified that
his group was against setting a maximum number of pilots.
Mr. Lie-Nielsen also noted that there are a large number of
pilots over the age of 65 that will be retiring shortly.
MR. LIE-NIELSEN added that in 1992 not one new pilot was
licensed partly due to a strict licensing procedure. Mr.
Lie-Nielsen stated that the U.S. Coast Guard relaxed its
restrictions on pilotage, resulting in the Exxon Valdez
disaster.
MR. LIE-NIELSEN noted that there are numerous examples of
vessels in compulsory waters moving without pilots because
of the nonavailability of licensed pilots.
Number 212
REP. SITTON inquired how much insurance and license fees
were.
Number 224
MR. LIE-NIELSEN stated that the insurance runs about
$3,000.00 per year and the license fees are about $1,000.00
per year.
Number 230
CHAIRMAN HUDSON asked Mr. Lie-Nielsen why he believed the
state would end up with too few pilots under this proposed
legislation.
Number 244
MR. LIE-NIELSEN answered that vessels do move on the water
without pilots illegally, and restricting the number of
pilots does a disservice to the concept of safety on the
water.
Number 280
CHAIRMAN HUDSON reiterated that it was his belief that a
formula could be devised that would take into account the
concerns mentioned above and would satisfy the needs of the
industry.
Number 305
REP. WILLIAMS expressed concern with putting a cap on the
number of pilots.
MR. LIE-NIELSEN agreed that this was a concern and that
safety should come first.
Number 343
CHAIRMAN HUDSON interrupted to announce that he would hold
SB 64 and HB 241 over for a future meeting.
CHAIRMAN HUDSON appointed a subcommittee on HB 185 composed
of Reps. Porter, Green and Sitton.
Number 388
BERNIE SMITH, representing TESORO PETROLEUM AND ALASKA
STEAMSHIPS, testified that HB 237 had some good points, but
it needed more work, and he would like to see it held over
the interim for further review.
Number 425
MICHAEL SPENCE, ALASKA COASTWISE PILOTS ASSOCIATION, read a
statement on behalf of his group opposing HB 237. Mr.
Spence stated that his group was concerned about three
elements of HB 237:
1) fixing tariffs;
2) fixing the number of pilots in a region; and
3) forbidding cross regional pilotage.
Number 499
CHAIRMAN HUDSON asked Mr. Spence to be specific as to what
parts of HB 237 Mr. Spence had problems with.
Number 507
MR. SPENCE pointed out the following concerns:
- HB 237 might create a shortage of pilots;
- HB 237 prohibits cross region licensing;
- giving authority to APUC would increase tariffs; and
- HB 237 as written does not provide more safety.
Number 569
MR. LUCK clarified the licensing fee structure as it stands
now.
Number 580
REP. MACKIE asked Mr. Spence where and how in this bill
would his organization be adversely affected.
Number 593
MR. SPENCE answered that it was his group's concern that the
Board of Marine Pilots has been unfair in the past and that
they couldn't make a fair and accurate assessment of what's
needed.
Number 610
REP. MACKIE asked that the persons limit their testimony to
the legislation at hand and not air their feelings about
alleged bias and "bad blood" from the past. Rep. Mackie
said he was only interested in good public policy, not the
in-fighting between the groups.
TAPE 93-29, SIDE A
Number 001
PHIL SWAN, SOUTHEAST ALASKA PILOTS ASSOCIATION, testified
that his group supported HB 237. Mr. Swan believed that HB
237 would give the industry well-qualified pilots at a fair
price and the state would benefit by retaining exclusive
control over pilotage without any interference from
industry.
Number 078
REP. PORTER asked if HB 237 was the same as what's currently
law on the west coast.
MR. SWAN responded that HB 237 does bring Alaska law closer
to what's being done on the West Coast.
Number 122
REP. MACKIE asked if there was anything about HB 237 that
was detrimental to Mr. Swan's group.
MR. SWAN answered that his group had no concerns regarding
the bill.
CHAIRMAN HUDSON announced that he would hold HB 237 over and
adjourned the meeting at 6:34 p.m.
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