Legislature(2013 - 2014)BELTZ 105 (TSBldg)

04/10/2014 01:30 PM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 241 EXTEND BOARD OF MARITAL & FAMILY THERAPY TELECONFERENCED
Moved HB 241 Out of Committee
+ HB 239 EXTEND BOARD OF EXAMINERS IN OPTOMETRY TELECONFERENCED
Moved HB 239 Out of Committee
+ HB 240 EXTEND BOARD OF CHIROPRACTIC EXAMINERS TELECONFERENCED
Moved HB 240 Out of Committee
+ HB 242 EXTEND PT & OCCUPATIONAL THERAPY BOARD TELECONFERENCED
Moved HB 242 Out of Committee
+ HB 302 PUBLIC ACCOUNTANTS TELECONFERENCED
Moved CSHB 302(L&C) Out of Committee
+ Bills Previously Heard/Scheduled: TELECONFERENCED
*+ SB 189 EXEMPTION: LICENSING OF CONTRACTORS TELECONFERENCED
Moved CSSB 189(L&C) Out of Committee
*+ SB 193 CONTRACTORS: BONDS; LICENSING TELECONFERENCED
Moved SB 193 Out of Committee
        HB 241-EXTEND BOARD OF MARITAL & FAMILY THERAPY                                                                     
                                                                                                                                
2:01:42 PM                                                                                                                    
CHAIR  DUNLEAVY   reconvened  the   meeting  and   announced  the                                                               
consideration of HB  241. "An Act extending  the termination date                                                               
of the Board of Marital and  Family Therapy; and providing for an                                                               
effective date."                                                                                                                
                                                                                                                                
2:01:46 PM                                                                                                                    
REPRESENTATIVE  LORA REINBOLD,  Alaska State  Legislature Juneau,                                                               
Alaska,  sponsor of  HB 241,  stated  that the  bill extends  the                                                               
termination  date of  the  Board of  Marital  and Family  Therapy                                                               
(BMFT) until June 30, 2018, based  on an audit by the Division of                                                               
Legislative Audit.  The auditors reviewed the  activities of this                                                               
board and  concluded that the  board should be extended  for just                                                               
four  years because  the board  did not  fully address  two audit                                                               
recommendations  in   the  previous   sunset  audit.   The  first                                                               
recommendation was to develop a  strategy to address the need for                                                               
distance   therapy   and   distance   supervision.   The   second                                                               
recommendation was for  the Office of the Governor  and the board                                                               
to work together  to fill vacant board seats in  a timely manner.                                                               
Working with  the Department  of Law,  the board  determined that                                                               
any  changes to  the  distance therapy  and distance  supervision                                                               
must  be  made statutorily.  The  board  is working  on  drafting                                                               
legislation  to  address  this  issue   and  it  will  likely  be                                                               
introduced next  legislative session. The Office  of the Governor                                                               
has also appointed members to the vacant seats.                                                                                 
                                                                                                                                
REPRESENTATIVE REINBOLD  stated that the Division  of Legislative                                                               
Audit made a  new recommendation for the  Department of Commerce,                                                               
Community and  Economic Development  (DCCED) to  continue efforts                                                               
to  improve the  investigative case  management system  integrity                                                               
and confidentiality. She concluded that  the Board of Marital and                                                               
Family Therapy  is operating in  the best interest of  the public                                                               
to protect and promote public  health, welfare, and the safety of                                                               
Alaskans.                                                                                                                       
                                                                                                                                
2:04:07 PM                                                                                                                    
KRIS  CURTIS, Legislative  Auditor,  Legislative Audit  Division,                                                               
Legislative  Agencies and  Offices, Juneau,  Alaska, stated  that                                                               
the agency conducted an audit of  the Board of Marital and Family                                                               
Therapy and issued  a report on June 2013.  The primary objective                                                               
was to determine  whether the board is operating  in the public's                                                               
interest and  should be  extended. The  audit concluded  that the                                                               
board  is  serving  in  the   public's  interest  by  effectively                                                               
licensing  and  regulating  marital  and  family  therapists  and                                                               
recommended a  four-year extension.  This is  less than  the full                                                               
eight-year  statutory  limit  because  the board  has  not  fully                                                               
addressed  a prior  recommendation to  pursue regulatory  changes                                                               
necessary to protect the public's interest.                                                                                     
                                                                                                                                
She  said  that while  the  board  had initiated  one  regulatory                                                               
revision, it had not addressed  the need for distance therapy and                                                               
distance   supervision.  Because   marital  and   family  therapy                                                               
services are not  available in many areas of  the state, distance                                                               
therapy and distance  supervision are viewed as  solutions to the                                                               
lack  of  local  services.  During the  audit  period  the  board                                                               
extensively researched  and discussed the topic,  but made little                                                               
progress moving beyond the discussion  phase. The audit therefore                                                               
recommends that the board develop  a strategy to address the need                                                               
for these services.                                                                                                             
                                                                                                                                
The  audit  also  includes two  additional  recommendations.  The                                                               
first is  for the Office  of the Governor  and the board  to work                                                               
together to  fill vacant board  seats. The  second recommendation                                                               
is for  the director  of the  Division of  Corporations, Business                                                               
and  Professional Licensing  to continue  efforts to  improve the                                                               
case management  system integrity and confidentiality.  She noted                                                               
that  this  same   recommendation  is  being  made   in  all  the                                                               
occupational board sunset audits for 2013.                                                                                      
                                                                                                                                
MS. CURTIS stated that the  division's case management system was                                                               
purchased  with  the expectation  that  it  would be  immediately                                                               
functional  but this  has not  been the  case. DCCED  has pursued                                                               
improvements and  the audit recommendation  is to  continue those                                                               
improvements.                                                                                                                   
                                                                                                                                
SENATOR    MICCICHE   asked    who   reconciles    findings   and                                                               
recommendations with  completions because he is  noticing a trend                                                               
of repeat recommendations.                                                                                                      
                                                                                                                                
MS CURTIS  replied there  is no  statutory requirement  to follow                                                               
up, but the systematic problems  related to division support will                                                               
be monitored every year.                                                                                                        
                                                                                                                                
SENATOR MICCICHE asked if there is a way to query findings.                                                                     
                                                                                                                                
MS  CURTIS replied  there is  no  way to  query the  status of  a                                                               
recommendation,  but   the  audit   division  has   compiled  the                                                               
recommendations for the  last two years by  department. These are                                                               
presented at  finance meetings  at the request  of the  chair and                                                               
the division  hopes to  put them online  so they're  available to                                                               
legislators.                                                                                                                    
                                                                                                                                
SENATOR MICCICHE  asked if  an audit has  ever determined  that a                                                               
board or commission is no longer serving a public purpose.                                                                      
                                                                                                                                
MS CURTIS answered yes.                                                                                                         
                                                                                                                                
CHAIR DUNLEAVY asked the sponsor to speak to the fiscal note.                                                                   
                                                                                                                                
REPRESENTATIVE REINBOLD deferred to her staff.                                                                                  
                                                                                                                                
CRYSTAL  KIENEMAN, Staff,  Representative  Lora Reinbold,  Alaska                                                               
State Legislature,  Juneau, Alaska,  stated that the  fiscal note                                                               
shows an  annual request of  $7,700 for board meeting  travel per                                                               
diem. The analysis section was revised  in the other body to show                                                               
a summary  of the  board's true  revenues and  expenditures since                                                               
they weren't included in the operating line expenditures.                                                                       
                                                                                                                                
CHAIR DUNLEAVY asked  her to review the analysis  of revenues and                                                               
expenditures.                                                                                                                   
                                                                                                                                
MS. KOENEMAN reported  that the board revenues for  FY12 and FY13                                                               
were $63,165  and the  expenditures were  $85,197, resulted  in a                                                               
biennium deficit  of $22,030. However, the  cumulative surplus is                                                               
$112,195 because there was a  carry forward balance from previous                                                               
years.                                                                                                                          
                                                                                                                                
SENATOR MICCICHE questioned why a  board surplus isn't zeroed out                                                               
through the budgeting process.                                                                                                  
                                                                                                                                
MS. KOENEMAN deferred the question.                                                                                             
                                                                                                                                
CHAIR DUNLEAVY asked Ms. Chambers to address the question.                                                                      
                                                                                                                                
2:12:01 PM                                                                                                                    
SARA CHAMBERS,  Director, Division of Corporations,  Business and                                                               
Professional  Licensing, Department  of  Commerce, Community  and                                                               
Economic   Development  (DCCED),   explained   that  boards   and                                                               
commissions  within Title  8 are  allowed to  roll forward  their                                                               
surplus  or  deficit  as  a byproduct  of  the  approximation  of                                                               
licensing fees required in AS 08.01.065.                                                                                        
                                                                                                                                
CHAIR DUNLEAVY  opened and closed public  testimony and solicited                                                               
a motion.                                                                                                                       
                                                                                                                                
2:13:38 PM                                                                                                                    
SENATOR  MICCICHE moved  to  report HB  242  from committee  with                                                               
individual recommendations and attached fiscal note(s).                                                                         
                                                                                                                                
CHAIR  DUNLEAVY  announced  that  without objection  HB  242  was                                                               
reported from the Senate Labor & Commerce Standing Committee.                                                                   

Document Name Date/Time Subjects
HB241 Version A.pdf SL&C 4/10/2014 1:30:00 PM
HB 241
HB241 Sponsor Statement.pdf SL&C 4/10/2014 1:30:00 PM
HB 241
HB241-CED-CBPL-03-13-14.pdf SL&C 4/10/2014 1:30:00 PM
HB 241
HB241 Supporting Documents-Legislative Audit Recommendations.pdf SL&C 4/10/2014 1:30:00 PM
HB 241
HB239 Version A.pdf SL&C 4/10/2014 1:30:00 PM
HB 239
HB239 Sponsor Statement.pdf SL&C 4/10/2014 1:30:00 PM
HB 239
HB239-CED-CBPL-03-13-14.pdf SL&C 4/10/2014 1:30:00 PM
HB 239
HB239 Supporting Documents-Legislative Audit Recommendations.pdf SL&C 4/10/2014 1:30:00 PM
HB 239
HB240 Version A.pdf SL&C 4/10/2014 1:30:00 PM
HB 240
HB240 Sponsor Statement.pdf SL&C 4/10/2014 1:30:00 PM
HB 240
HB0240-CED-CBPL-03-13-14.pdf SL&C 4/10/2014 1:30:00 PM
HB 240
HB240 Supporting Documents-Legislative Audit Recommendations.pdf SL&C 4/10/2014 1:30:00 PM
HB 240
HB242 Version A.pdf SL&C 4/10/2014 1:30:00 PM
HB 242
HB242-CED-CBPL-03-13-14.pdf SL&C 4/10/2014 1:30:00 PM
HB 242
HB242 Supporting Documents-Legislative Audit Recommendations.pdf SL&C 4/10/2014 1:30:00 PM
HB 242
HB242 Sponsor Statement.pdf SL&C 4/10/2014 1:30:00 PM
HB 242
HB 302 ver U.pdf SL&C 4/10/2014 1:30:00 PM
HB 302
CSHB 302 (L&C) ver C.pdf SL&C 4/10/2014 1:30:00 PM
HB 302
CSHB 302 (L&C) Explanation of Changes ver U to ver C.pdf SL&C 4/10/2014 1:30:00 PM
HB 302
CSHB 302 (L&C)- Sponsor Statement.pdf SL&C 4/10/2014 1:30:00 PM
HB 302
CSHB 302 (L&C) Fiscal Note- DCCED-CBPL- 03-31-14.pdf SL&C 4/10/2014 1:30:00 PM
HB 302
CSHB 302 Supporting Document- AK State Board of Public Accountancy FY13 Annual Report- Page Six 3-28-14.pdf SL&C 4/10/2014 1:30:00 PM
HB 302
HB 302 Supporting Document- Letter - Amy Cooper-AKCPA 2-13-14.pdf SL&C 4/10/2014 1:30:00 PM
HB 302
HB 302 Supporting Document- Letter - Jeffrey Johnson- AK Board of Public Accounting 2-13-14.pdf SL&C 4/10/2014 1:30:00 PM
HB 302
SB 193 Support Document- AK Independent Ins Agents Brokers.pdf SL&C 4/10/2014 1:30:00 PM
SB 193
SB189_DOL_Infractions.pdf SL&C 4/10/2014 1:30:00 PM
SB 189
SB189_FiscalNote_DOLWD.pdf SL&C 4/10/2014 1:30:00 PM
SB 189
SB189_Version O.PDF SL&C 4/10/2014 1:30:00 PM
SB 189
SB189 Support Document - Borough Map.PDF SL&C 4/10/2014 1:30:00 PM
SB 189
SB189 Support Letter - MSHBA.pdf SL&C 4/10/2014 1:30:00 PM
SB 189