03/06/1996 01:18 PM House JUD

 HB 457 - FINES: UNLICENSED PRACTICE OF OCCUPATION                           
                                                                               
 Number 083                                                                    
                                                                               
 REPRESENTATIVE JEANNETTE JAMES testified on HB 457 and stated that            
 this legislation was requested by the Legislative Budget and Audit            
 as a part of the sunset audits on various boards.  Current law                
 allows enforcement of practicing certain occupations without a                
 license only through the courts and this bill allows the department           
 to impose a civil penalty if a person practices or offers to                  
 practice an occupation in this state that is regulated under AS               
 08.01.00.  The civil penalty may not exceed $5000 for each offense.           
 The bill also provides for enforcement mechanisms.                            
                                                                               
 REPRESENTATIVE JAMES noted that there was a concern indicated about           
 the due process of this legislation, but the agency which has                 
 jurisdiction is under the rule of the Administrative Procedures               
 Act.                                                                          
                                                                               
 Number 181                                                                    
                                                                               
 REPRESENTATIVE CYNTHIA TOOHEY asked if this was a wide spread                 
 problem in the state.                                                         
                                                                               
 REPRESENTATIVE JAMES said she would have to list all of those                 
 occupations which are noted under this section in order to give the           
 committee an indication where there might be some problems.  She              
 said that it would be pretty hard for someone to do some of the               
 activities covered without a license, but there are some                      
 occupations where they could hold themselves out to do a service.             
 She said that yes, there is some concern.                                     
                                                                               
 Number 249                                                                    
                                                                               
 REPRESENTATIVE BUNDE asked if there was support from the department           
 for this legislation.  Representative James responded that, yes               
 there was.                                                                    
                                                                               
 CHAIRMAN PORTER noted for the information of the committee that in            
 their review of the legislation they were concerned that there was            
 language providing for the department to subpena witnesses, but not           
 for potential defendants.  This is not the case.                              
                                                                               
 Number 296                                                                    
                                                                               
 REPRESENTATIVE BUNDE made a motion to move CSHB 457(STA) from the             
 House Judiciary Committee with individual recommendations and                 
 attached zero fiscal note.  Hearing no objection it was so moved.