Legislature(2017 - 2018)SENATE FINANCE 532
04/03/2018 09:00 AM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB302 | |
| HB280 | |
| HB274 | |
| HB278 | |
| HB273 | |
| HB275 | |
| HB279 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 76 | TELECONFERENCED | |
| + | HB 128 | TELECONFERENCED | |
| += | HB 286 | TELECONFERENCED | |
| + | HB 273 | TELECONFERENCED | |
| + | HB 274 | TELECONFERENCED | |
| + | HB 275 | TELECONFERENCED | |
| + | HB 278 | TELECONFERENCED | |
| + | HB 279 | TELECONFERENCED | |
| + | HB 280 | TELECONFERENCED | |
| + | HB 302 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE BILL NO. 302
"An Act extending the termination date of the Board of
Professional Counselors; and providing for an
effective date."
9:05:02 AM
ASHLEY STRAUCH, STAFF, REPRESENTATIVE ADAM WOOL, discussed
the sponsor statement for HB 302 (copy on file):
HB302 extends the sunset date for the Board of
Professional Counselors to June 30, 2026. I encourage
all the members to review the Legislative Audit
summary and the full audit report. You will see that
the Board has served the public's interest by
effectively licensing and regulating professional
counselors and certified counselor supervisors. From
FY14 to FY16, the Board has had a 46% increase in new
licenses, and has issued 190 new licenses and 73
supervisor certifications over that time.
Additionally, the Board has worked to implement new
tele-health regulations to guide the distance delivery
of services for mental health occupations.
The Board of Professional Counselors serves an
important role in monitoring licenses and working to
ensure that only qualified individuals practice in
Alaska. The continuation of this Board is important to
the ongoing improvement of the professional counselor
occupation.
9:06:45 AM
KRIS CURTIS, LEGISLATIVE AUDITOR, ALASKA DIVISION OF
LEGISLATIVE AUDIT, discussed the document "A Sunset Review
of the Department of Commerce, Community, and Economic
Development, Board of Professional Counselors (board)"
(copy on file). She stated that the purpose of a sunset
audit was to determine whether a board or commission was
serving the public's interest, and whether it should be
extended. She stated that the report conclusions began on
page 3. She stated that, overall, she found that the board
was serving the public's interest, by effectively licensing
and regulating professional counselors and counselor
supervisors. She stated that it was found that the board
monitored licensees, and worked to ensure that only
qualified individuals practiced. Furthermore, it was found
that the board actively developed and adopted regulations
to improve the profession. She recommended the full,
maximum eight-year extension. There were no recommendations
as part of the audit. She remarked that there was some
standard information within the report. She noted the
scheduled licensing activity on page 5. She shared that, as
of January 2017, there were 657 active licensees. She noted
that it was a 46 percent increase, as compared to the prior
2009 sunset. She shared that page 6 showed a schedule of
revenues and expenditures. The board had a surplus of
$70,000 as of March 31. She stated that the board and
management planned to decrease fees in FY 18 to address the
surplus. The list of fees was on page 7. She noted that
response to the audit began on page 19. She announced that
the Office of the Governor (GOV), the department, and the
board chair agreed that the board served the public's
interest and should be extended to the maximum 8 years.
Senator Micciche stated that he had heard the audit
findings in another committee. He remarked that within the
discussion, it was learned that the cost and time for the
audit was not covered by the board. He felt that maybe the
legislature should consider that the board cover the cost
of the audit.
Senator von Imhof referenced page 6 of the audit, in which
there was a deficit in FY 13, FY 14, and FY 15. A fee
structure change then occurred, so there was a surplus in
FY 16 and FY 17. She noted that the fees would be
decreased. She wondered whether there was a certain
allowable surplus percentage, so there could possibly be a
cushion to be absorbed over time.
Ms. Curtis replied that statutes did not provide for that.
She shared that the statutes outlined that license fees
should cover the cost of regulation. She stated that there
was a problem over the years of the allocation of indirect
costs, but was corrected recently. She stressed that the
statute did not provide flexibility or a cushion, but
rather stated that fees should be set to cover the cost of
regulation.
9:11:18 AM
Co-Chair MacKinnon wondered whether the department had
language suggestions to address the peaks and valleys in
the boards to make it more sustainable to those who were
paying fees to the state.
SARA CHAMBERS, DEPUTY DIRECTOR, DIVISION OF CORPORATIONS,
BUSINESS AND PROFESSIONAL LICENSING, DEPARTMENT OF
COMMERCE, COMMUNITY AND ECONOMIC DEVELOPMENT, addressed
Senator von Imhof's question. She stated that the
department had worked to examine how statute could be
altered to provide more effective tools. She shared that
there were struggles within the existing authority, but
those had been corrected. She remarked that because the
statute required the revenues to approximately equal the
expenditures for the programs that had some expenditures
that were impossible to anticipate. She shared that
licensing fees paid for administrative costs, and also paid
for all investigations and legal costs. She stressed that
the licensee paid for those expenditures.
Senator von Imhof announced that she would have a
conversation about the issue at a later date.
9:16:55 AM
Senator Micciche was concerned that boards and commissions
did not become profit centers. He thought the matter was
worthy of discussion.
Senator Stevens asked if Ms. Chambers was hearing from
licensees regarding the unfairness of fees going towards
the activities of un
Ms. Chambers answered in the affirmative.
Co-Chair MacKinnon OPENED public testimony.
DEBRA HAMILTON, CHAIR, BOARD OF PROFESSIONAL COUNSELORS,
SOLDOTNA (via teleconference), stated that she was
available for questions.
Senator Micciche wondered whether the balance was fair in
the licensing fees for her board.
Ms. Hamilton replied that she was currently looking at that
issue. She remarked that she joined the board at a time of
deficit, had worked to reverse that deficit, and was
currently in a surplus. She shared that there was some
feedback regarding the licensure fee increases.
Co-Chair MacKinnon CLOSED public testimony.
9:20:20 AM
Vice-Chair Bishop commented that continued conversation
would be worthy to address the concern over peaks and
valleys. He remarked that it would be nice to find a
solution.
Senator Micciche thought people did not understand that
boards and commissions were self-funded and self-regulated
and did not use state funds.
Co-Chair MacKinnon noted that there had been a fiscal not
review with the Legislative Finance Division. She put on
the record that the $21,100 was the cost of the board
itself.
Vice-Chair Bishop MOVED to report HB 302 out of Committee
with individual recommendations and the accompanying fiscal
note. There being NO OBJECTION, it was so ordered.
HB 302 was REPORTED out of committee with a "do pass"
recommendation and with one previously published fiscal
impact note: FN 1(CED).
9:24:31 AM
AT EASE
9:26:00 AM
RECONVENED