Legislature(2013 - 2014)SENATE FINANCE 532
03/06/2013 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB16 | |
| SB23 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 16 | TELECONFERENCED | |
| += | SB 21 | TELECONFERENCED | |
| = | SB 23 | ||
SENATE BILL NO. 16
"An Act relating to the Board of Registration for
Architects, Engineers, and Land Surveyors and to the
Department of Commerce, Community, and Economic
Development."
9:10:10 AM
MARGARET DOWLING, STAFF, SENATOR CATHY GIESSEL, explained
SB 16. She referred to the Sponsor Statement.
SB 16 revises statutes governing architects,
engineers, and land surveyors in Alaska, designating a
full-time investigator specifically for the State
Board of Registration for Architects, Engineers, and
Land Surveyors (AELS).
The AELS Board's mission, as defined in statute, is to
protect public health, safety and welfare by ensuring
that those entering the practices of architecture,
engineering, and land surveying meet minimum standards
of competency, and maintain those standards during
their practice, by requiring licensure to practice in
the state. The Board enforces the licensure and
competency requirements and responds to complaints
brought by the public.
Currently, the AELS Board shares one part-time
investigator with six other boards that oversee a
total of 18,095 licensees, of which 6,439 licensees
are under the AELS Board.
According to the board, because of the negative
economic conditions in various parts of the United
States, a significant number of corporations and
individuals are relocating to Alaska and many are
practicing without proper licensure or knowledge of
applicable statutes and regulations. In 2012 alone,
the AELS Board added 490 new licensees to its
oversight.
In addition to the already growing workload for the
part-time AELS Board investigator, pressure on the
investigator to spend time on the other six boards to
which he is also assigned is increasing. The
efficiency and effectiveness of the State's licensing
investigation process is further reduced by only
having a single shared investigator who must maintain
knowledge of the various statutes and regulations of
seven different boards.
SB 16 also removes the constraint that examinations
for licensure be written. With advancements in
technology, examinations are moving to an electronic
format which will further increase efficiency.
SB 16 will better equip the AELS Board to maintain
proper oversight of its licensees, thereby uphold the
reputation and integrity of the disciplines within its
purview, and ultimately ensure its ability to protect
public health, safety, and welfare.
Ms. Dowling explained the fiscal note. She stressed that
regulatory boards must be self-supporting through licensing
fees. She pointed out that the board had sufficient carry-
forward program receipts to cover the initial cost. The new
influx of revenue would be generated in November and
December of 2013, as the license fees become due. She noted
that, currently, the license fees were $125 for a two-year
license. She remarked that the fee could be increased if
needed, but stressed that an anticipated fee-increase would
be minimal.
Senator Dunleavy surmised that the fee would pay for the
extra position. Ms. Dowling agreed, and stressed that the
fee must pay for it.
Senator Dunleavy wondered if the position would be
eliminated, if the fees were not able to pay for the
position. Ms. Dowling deferred to Mr. Habegar.
DON HABEGAR, DIRECTOR, DIVISION OF CORPORATIONS, BUSINESS
AND PROFESSIONAL LICENSING, DEPARTMENT OF COMMERCE,
COMMUNITY AND ECONOMIC DEVELOPMENT (DCCED) (via
teleconference), replied that there was a mechanism by
statute whereby a board's revenue and expenses were
annually reviewed. He added that every two years the
professional licensing groups renewed their licenses. He
stressed that the annual and biannual reviews allowed the
division the ability to adjust fees according to statute;
and could increase or decrease fees based on the
equilibrium between revenues and expenses.
Senator Dunleavy surmised that the license fees would pay
for the new position. Mr. Habeger responded that the
license fees would pay for the position.
9:16:30 AM
Senator Dunleavy asked if the position would be eliminated,
if the license fees were not available to cover the cost of
the position. Mr. Habeger responded that the statute
required the division to collect revenues that were
approximately equal to the fee; however there may be less
revenue, which would cause a fee adjustment to backfill
unanticipated cost. He stressed that the fees were
collected two years in advance of expenses.
Senator Dunleavy remarked that he was interested in
monitoring the growth of the operating budget.
Senator Bishop wondered if the revenue adjustment
requirement was written in statute or regulation. Mr.
Habeger responded that the statute required DCCED to
collect revenues that approximately equaled expenses,
followed by adjusting the fees through the regulatory the
process. He stated that there was an analysis; followed a
presentation to the board; the board gives their approval
or feedback; the regulatory package is released, and open
to comments; resulting in adjustments or adoption.
Senator Bishop noted an increase in the workload by 116
cases, and wondered if there were more fraud cases since
the onset of the recession. Mr. Habeger replied that he was
unsure of the types of cases in review, and deferred to a
board member to reply to that inquiry.
Senator Bishop agreed to receive a response at a later
date.
HARLEY HIGHTOWER, ARCHITECT, ANCHORAGE (via
teleconference), explained that the board was very large
and complex; and stressed that it was difficult for an
investigator to keep current on all the statutes and
regulations. He stated that he had been a practicing
architect since 1974. He specifically stated that the
registration fee was very reasonable.
9:21:05 AM
COLIN MAYNARD, CIVIL ENGINEER, AELS BOARD, ANCHORAGE (via
teleconference), testified in support of SB 16. He pointed
out that there were currently 15 engineering licenses which
included landscape architects and land surveyors. He
explained that there were roughly 2.5 investigators for the
board four years prior, but the investigators were now
shared between six different boards. He stressed that there
were so many cases, so the investigations were difficult to
complete in a timely manner. He stressed that SB 16 would
provide a more even investigation and enforcement of the
licensing laws. He remarked that the fees fluctuate from
year to year, and stressed that oil money was not used to
support the board.
JANET M. MATHESON, ARCHITECT, AMERICAN INSTITUTE OF
ARCHITECTS, FAIRBANKS (via teleconference), testified in
support of SB 16. She stressed that the bill provided a
necessary change to enforce professional practice in the
state for public safety reasons, because the geographic
disparity of enforcement was currently difficult. She
reiterated that the change would be funded by professional
licensing fees.
DALE NELSON, CIVIL ENGINEER, CHAIR OF ALASKA PROFESSIONAL
DESIGN COUNCIL LEGISLATIVE COMMITTEE, PALMER (via
teleconference), testified in support of SB 16. He
explained that the Alaska Professional Design Council
(APDC) represented many different types of licensed
professions. He remarked that details of the bill had been
published in the APDC newsletter, and presented to the APDC
Legislative Committee. He stressed that APDC had received
only positive responses to the proposals outlined in the
bill. He stated that he had been a practicing civil
engineer since 1973, and had personally experienced
fluctuating licensing fees.
9:26:49 AM
Senator Bishop wondered if the proposed position was an
exempt position. Ms. Dowling deferred to Mr. Habeger
responded that the position was not an exempt position.
Vice-Chair Fairclough queried who would be responsible for
the supervising responsibility of the secretary and the
investigator. She noted that the line of command for the
investigator was placed with the board, and wondered if the
board would conduct an annual performance review. Mr.
Habeger responded that there was administrative activity
with human resource support and evaluations. He stressed
that the division had the ability to discipline, but the
board was focused on directing where investigations should
occur in the state.
Vice-Chair Fairclough stressed that the fiscal note
reflected a range 18 position to conduct investigations
into alleged violations, and would be directly responsible
and accountable to the board. She wondered if the board
would be responsible for performance reviews. Mr. Habeger
replied that the board had an annual review process that
was presented to the division, and was used as additional
guidance.
Vice-Chair Fairclough wondered if the secretary was a
shared position. Mr. Habeger responded that the secretary
position was dedicated to the board.
Vice-Chair Fairclough surmised that there would be two
dedicated positions. Mr. Habeger agreed that there would be
two dedicated positions, if the bill were passed.
9:30:08 AM
Vice-Chair Fairclough MOVED to REPORT SB 16 out of
committee with individual recommendations and the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
SB 16 was REPORTED out of committee with a "do pass"
recommendation and with a new fiscal impact note from the
Department of Commerce, Community and Economic Development.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 16 - AELS Board Position Paper on Investigator - January 18, 2013 - Copy.pdf |
SFIN 3/6/2013 9:00:00 AM |
SB 16 |
| SB 16 - Letter of Support - AIA.pdf |
SFIN 3/6/2013 9:00:00 AM |
SB 16 |
| SB 16 - Letter of Support - Burdett Lent.pdf |
SFIN 3/6/2013 9:00:00 AM |
SB 16 |
| SB 16 - Letter of Support - Harley Hightower.pdf |
SFIN 3/6/2013 9:00:00 AM |
SB 16 |
| SB 16 - Letter of Support - Richard Heieren.pdf |
SFIN 3/6/2013 9:00:00 AM |
SB 16 |
| SB 16 - Sectional Analysis.pdf |
SFIN 3/6/2013 9:00:00 AM |
SB 16 |
| SB 16 - Sponsor Statment 012913.pdf |
SFIN 3/6/2013 9:00:00 AM |
SB 16 |
| SB 16 DCCED Senate LC Follow up 021113.pdf |
SFIN 3/6/2013 9:00:00 AM |
SB 16 |
| 3 6 13 SB23 Gas in FBX.pdf |
SFIN 3/6/2013 9:00:00 AM |
SB 23 |
| SB023CS(LC)-DCCED-AIDEA-03-05-13.pdf |
SFIN 3/6/2013 9:00:00 AM |
SB 23 |
| SB023CS(LC)-DCCED-AIDEA-03-05-13B.pdf |
SFIN 3/6/2013 9:00:00 AM |
SB 23 |
| SB016-DCCED-CBPL-03-06-13.pdf |
SFIN 3/6/2013 9:00:00 AM |
SB 16 |
| SB 16 Senate FIN Follow up 03-07-13.pdf |
SFIN 3/6/2013 9:00:00 AM |
SB 16 |