Legislature(1993 - 1994)
03/17/1993 01:33 PM Senate HES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
The next order of business was CSSB 79(STA) BOARDS/ COMMISSIONS/COUNCILS/AUTHORITIES. CHAIRMAN RIEGER indicated the bill had been heard before and was held for the purpose of amendments. He said he would like to explain some of his concerns before the bill moves forward. He said the HESS Committee will be doing work on health care issues over the next year. In looking at the extension dates for a number of boards and commissions, it occurred to him that there might be some needed changes. He referred to Clinical Social Work Examiners, State Medical Board, Board of Nursing, Chiropractor Examiners, Dispensing Opticians, Examiners in Optometry, Pharmacy, Psychologists and Psychological Associate Examiners, and said that we might be going too far to extend their termination date to the year 2000. He said he believes the committee should recommend extending them to 1996. Chairman Rieger said there are three sections in existing law which refers to how the legislature shall form and pass a bill. The first section is on page 3, lines 12 - 15, "(c) A board scheduled for termination under this chapter may be continued or reestablished by the legislature for a period not to exceed four years unless the board is continued or reestablished for a longer period under AS 08.03.010." He said he doesn't see a reason for the committee to prescribe in law how a future legislature shall format their bills and make their choices routinely. He recommended that the section be repealed. Chairman Rieger also said the same thing occurs in two other places, page 5, lines 17 - 20, and on page 8, lines 9 - 14. The next change Chairman Rieger recommended was that Legislative Budget and Audit be given specific direction to review computer and telecommunication systems. Currently, the Finance Committee is faced with requests from various state agencies for $20 million in computer hardware, software, and software development. It has become such a significant part of the state's operations that Legislative Budget and Audit should be expanding their capabilities in security and similar areas. Chairman Rieger said his last recommendation is that the sunset provision on page 5, line 22, be changed. The requirement to have a hearing should be more applicable to the extension or the reestablishment of a board rather than the termination. Having a hearing before you terminate seems contrary to the purpose of having sunset legislation in the first place. He said he has put all of those suggestions into one amendment which follows: Page 1, line 5: Delete "increasing to 10 years the" Insert "relating to review of computer and telecommunications systems used by state agencies; eliminating certain restrictions on bills that reorganize or continue boards and commissions; relating to legislative review of boards and commissions; repealing statutes that set a" Page 2, line 13: Delete "2003" Insert "1996" Page 2, line 16: Delete "2000" Insert "1996" Page 2, line 19: Delete "2003" Insert "1996" Page 2, line 28: Delete "2002" Insert "1996" Page 2, line 29: Delete "2002" Insert "1996" Page 3, line 2: Delete "2003" Insert "1996" Page 3, line 3: Delete "1998" Insert "1996" Page 3, line 7: Delete "2001" Insert "1996" Page 3, line 12 - 15: Delete all material. Renumber the following bill sections accordingly. Page 4, line 1, after "(5)": Insert "review computer and telecommunications systems used by state agencies, particularly with respect to their cost- effectiveness and security; (6)" Page 4, line 4: Delete "(6)" Insert "(7) [(6)]" Page 4, line 6: Delete "(7)" Insert "(8) [(7)]" Page 4, line 10: Delete "(8)" Insert "(9) [(8)]" Page 4, line 12: Delete "(9)" Insert "(10) [(9)]" Page 5, lines 17 - 20: Delete all material. Renumber the following bill sections accordingly. Page 5, lines 22 - 23: Delete "termination, dissolution, continuation," Insert "[TERMINATION, DISSOLUTION,] continuation" Page 8, lines 9 - 14: Delete all material and insert: "[(e) THE COMMITTEE OF REFERENCE MAY INTRODUCE A BILL PROVIDING FOR THE REORGANIZATION OR CONTINUATION OF THE BOARD, COMMISSION OR AGENCY PROGRAM. NO MORE THAN ONE BOARD, COMMISSION, OR AGENCY PROGRAM MAY BE CONTINUED OR REESTABLISHED IN ANY LEGISLATIVE BILL, AND THE BOARD, COMMISSION, OR AGENCY PROGRAM MUST BE MENTIONED IN THE TITLE OF THE BILL.]" Page 8, line 18, after "08.01.010(12);": Insert "AS 08.03.020(c);" Page 8, line 22, after "AS": Insert "44.66.010(c)," Page 8, lines 23 - 26: Delete all material. Renumber the following bill section accordingly. Chairman Rieger said he hasn't had a chance to get Mr. Welker's response to the proposed amendment, but would appreciate any comments. RANDY WELKER, Legislative Auditor, Legislative Audit Division, said he did get a chance to review the proposed changes. He said Chairman Rieger has recommended moving the sunset date on eight medical related occupational licensing boards to 1996. The concern is it would require sunset examinations all at once. With the other boards and the redistribution of sunset termination dates in the bill, it would require the division to conduct close to twelve sunset reviews during 1995 leading up to the termination date. Mr. Welker said there would be an impact on the division as far as the audit resources. He referred to proposed language relating to reviewing the computer and telecommunication systems and said the place where Chairman Rieger is suggesting the change is the function of Legislative Audit and not the Budget and Audit Committee. Mr. Welker referred to the recommendation to delete certain language and said part of it pertains to the fact that no more than one board, commission, or agency program may be continued or reestablished in any legislative bill. He said he believes the purpose behind that language was to provide independent review and analysis on a board by board basis in the formal sunset process and not allow any one board to go through and survive the sunset process on the coattails of another. It makes them all stand up to independent scrutiny in the normal sense of process. CHAIRMAN RIEGER asked Mr. Welker if he has a recommendation regarding staggered sunset dates. Mr. Welker said the sunset dates were initially staggered over the ten year cycle. Currently, in the proposed redistribution of the boards over the division's recommended ten year cycle, it gives them the responsibility of conducting audits on about four boards a year. He said he doesn't have a recommendation to address Chairman Rieger's concern at the present time. Chairman Rieger referred to the function of reviewing computer and telecommunications and said he actually thought that the Legislative Audit Division was the right place. Mr. Welker said that earlier, Chairman Rieger mentioned the Budget and Audit Committee. Number 219 SENATOR LEMAN said four of the boards/commissions normally expire in 1995 and he doesn't see a particularly good reason to extend them to 1996. Four would be pulled out of the bill as they would become due in 1995 anyway and the other four would be extended to 1996. Senator Leman said his suggestion could become an amendment to the amendment. It takes care of spreading the work load. Those boards would be Clinical Social Work Examiners, State Medical Board, Board of Nursing, and Psychologists and Psychological Associate Examiners. SENATOR MILLER moved the amendment. CHAIRMAN RIEGER objected for the purpose of discussion. SENATOR LEMAN moved the amendment to the amendment which would delete Clinical Social Workers Examiners, State Medical Board, Board of Nursing, and Psychologists and Psychological Associate Examiners from the bill. Chairman Rieger said his approach is to not extend the medical related boards out to the year 2000 given the state of the health care issues currently being discussed in the legislature and nationally. Number 272 SENATOR ELLIS said he would like to offer an amendment. On page 5, line 12, change extend the termination date for the Citizens Review Panel for Permanency Planning from "1994" to "1996." He indicated his concern with the plight of foster children and the need to take the review of their situation out of the bureaucracy. MR. WELKER said he didn't have an objection to the amendment. CHAIRMAN RIEGER said the amendment has been moved and the amendment to the amendment has been moved. He discussed the amendment to the amendment. Page 2, line 13 refers to the Board of Chiropractic Examiners and said that hasn't changed. He discussed proposed changes: Page 2, line 16, relating to the Board of Clinical Social Work Examiners, the date would change from "June 30, 2000," to "June 30, 1996." Page 2, line 19, the language would remain as is. Page 2, line 28, relating to the State Medical Board, the date would change from "June 30, 2002" to "June 30, 1995." Page 2, line 29, relating to the Board of Nursing, the date would changed from "June 30, 2002" to "June 30, 1995." Page 3, line 2, Board of Examiners in Optometry, would remain as is. Page 3, line 3, Board of Pharmacy, would remain as is. Page 3, line 7, relating to the Board of Psychologist and Psychological Associate Examiners, the date would change from "June 30, 2001" to "June 30, 1995." Chairman Rieger asked if there was an objection to Senator Leman's amendment to the amendment. Hearing none, the motion carried. Chairman Rieger asked if there was an objection to the amendment as amended. SENATOR DUNCAN stated his objection for the record but did not request a roll call vote. So the motion passed. Number 345 SENATOR ELLIS moved that Amendment #2 be adopted. He explained his amendment changes the date on page 5, line 12, from "1994" to "1996." Hearing no objection, the motion carried. There being no further discussion on the bill, SENATOR MILLER moved that SB 79, as amended by the Senate HESS Committee, be passed out of committee with individual recommendations. Hearing no objection, it was so ordered.
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