Legislature(1995 - 1996)
02/13/1995 03:12 PM House L&C
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE LABOR & COMMERCE STANDING COMMITTEE
February 13, 1995
3:12 p.m.
MEMBERS PRESENT
Representative Norman Rokeberg, Vice Chairman
Representative Brian Porter
Representative Jerry Sanders
Representative Beverly Masek
Representative Kim Elton
Representative Gene Kubina
MEMBERS ABSENT
Representative Pete Kott, Chairman
COMMITTEE CALENDAR
Confirmation hearings of Governor's appointments: State Board
of Registration for Architects, Engineers & Land Surveyors;
Athletic Commission; Board of Barbers & Hairdressers; Board of
Chiropractic Examiners; Board of Clinical Social Work Examiners;
Board of Dental Examiners; Board of Dispensing Opticians;
Alaska Labor Relations Agency; Board of Marine Pilots; Board of
Marital and Family Therapy; Board of Certified Direct-Entry
Midwives; Board of Nursing; Board of Examiners in Optometry;
State Physical Therapy & Occupational Therapy Board; Board of
Psychologist & Psychological Associate Examiners; Board of
Certified Real Estate Appraisers; Alaska Public Utilities
Commission; Alaska Workers Compensation Board
ACTION NARRATIVE
TAPE 95-6, SIDE A
Number 000
The House Labor & Commerce Committee was called to order by Vice
Chairman Norman Rokeberg at 3:12 p.m. Members present at the
call to order were Representatives Rokeberg, Porter, Sanders,
Masek, Elton and Kubina. Member absent was Representative Kott.
Number 015
VICE CHAIRMAN NORMAN ROKEBERG stated that a quorum was present.
He stated he would read the list of appointees.
REPRESENTATIVE GENE KUBINA interrupted and objected.
VICE CHAIRMAN ROKEBERG asked Representative Kubina if it would be
acceptable to let him read the list.
REPRESENTATIVE KUBINA asked to see the letter of transmittal
bringing these names before the committee, he stated he believed
these names were not legally before the committee.
VICE CHAIRMAN ROKEBERG stated that having reviewed the
Constitution of the State of Alaska, and the legal opinions
presented to the body, he wanted to move forward on the premise
that the committee was making recommendations and not
confirmations.
Number 041
REPRESENTATIVE KIM ELTON stated if there wasn't a letter of
transmittal, then he wanted to see the legal opinion provided to
the committee.
Number 048
VICE CHAIRMAN ROKEBERG stated he had just received the opinion
that afternoon. The letter was from Suzi Lowell, Chief Clerk.
He stated the legal opinion indicated that the constitutional
question had not been ruled directly or indirectly by the Alaska
Supreme Court, and there is legal opinion that indicates the
custom and tradition of this body proceed on the recommendations
today. He stated any other challenge to this committee would be
better taken up on the floor.
REPRESENTATIVE ELTON stated he would move to change the format
for this committee to reflect this was not a confirmation
hearing, they were viewing names for possible approval by the
committee.
REPRESENTATIVE BRIAN PORTER objected to the motion. He stated it
would be inappropriate to not characterize this as a confirmation
hearing. It was his understanding, (having just chaired a
committee that went through this same process), the result of
this committee hearing, after pleading its deliberations on these
individuals, would be to forward the names without commitment for
a yes or no vote, towards confirmation. The committee vote would
be to recommend that these names be presented to the House for
consideration or confirmation vote, not that we do or do not
recommend individually or collectively their appointments.
VICE CHAIRMAN ROKEBERG asked Representative Porter to restate
what he had just said.
REPRESENTATIVE PORTER stated that we will not be making
recommendations on the document that we will be sending to the
Clerk, as we do on bills. He stated they would merely say that
this committee moves these names from committee to the floor for
a collective consideration.
REPRESENTATIVE ELTON moved that the consideration of these names
not be considered confirmation of hearing names, but
recommendations only.
Representatives Kubina, Elton, Masek and Sanders voted in favor
of the motion. Representatives Porter and Rokeberg voted against
the motion. So the motion was adopted.
VICE CHAIRMAN ROKEBERG stated that this motion wasn't the
original motion that Representative Porter stated earlier.
REPRESENTATIVE MASEK stated that she would like to reconsider.
Discussion ensued over what the motion was.
REPRESENTATIVE KUBINA stated that the motion was very similar to
what Representative Porter had said.
VICE CHAIRMAN ROKEBERG stated that it was different.
Number 203
REPRESENTATIVE KUBINA stated they were the Labor & Commerce
Committee and they didn't need this battle. He said, "let
whatever the 2nd & 3rd floors do whatever they wanted, and not
bring Labor & Commerce into it." He stated that if these were
going to go forward to the floor, he felt Representative Elton's
motion did that.
Number 183
REPRESENTATIVE PORTER stated that he detected a difference in the
characterization of the motion. The rendition that we were
voting on, was that we will not individually confirm these
people, but send the names on to the House.
VICE CHAIRMAN ROKEBERG moved that they reconsider and restate the
motion, then vote on this motion to reconsider. He stated they
would vote on reconsidering the motion and put the motion in
writing.
REPRESENTATIVE ELTON stated with that in mind, then he would move
that they rescind their previous action.
Number 203
REPRESENTATIVE KUBINA stated he was going to leave and allow the
committee to conduct this hearing. He stated he felt they had
taken an action.
REPRESENTATIVE ROKEBERG stated there was a motion on the floor to
rescind the action.
REPRESENTATIVE ELTON stated that he objected. He asked if the
motion to rescind represented the majority vote of the members
present.
VICE CHAIRMAN ROKEBERG asked Representative Elton if he objected.
REPRESENTATIVE ELTON stated that he objected.
VICE CHAIRMAN ROKEBERG asked for a vote.
Representatives Sanders, Porter, Masek and Rokeberg voted in
favor of the motion. Representative Elton voted against.
Number 225
VICE CHAIRMAN ROKEBERG stated he would entertain a motion.
REPRESENTATIVE ELTON stated he would offer a motion that the
committee forward only those names that were on Governor Knowles'
list and the list that was forwarded by Governor Hickel, and
those names that are not on both lists would remain off the table
at this time.
REPRESENTATIVE PORTER and REPRESENTATIVE MASEK objected.
Number 240
VICE CHAIRMAN ROKEBERG stated he had reviewed both lists and all
of Governor Knowles names are included in the Clerk's list;
however, there are additional names on the Clerk's list that were
not on Governor Knowles' list. Therefore, he stated, he was
going to vote no on this.
Representative Elton voted in favor of the motion,
Representatives Masek, Sanders, Porter and Rokeberg voted
against.
Number 256
REPRESENTATIVE ELTON stated he had yet to see that these names
were properly or legally before not only this committee but also
the legislature. Representative Elton then excused himself from
the meeting.
Number 260
REPRESENTATIVE PORTER stated he did not dispute the opinions of
the previous speakers that had left the committee, but did
disagree with their opinions. He stated it was inappropriate
characterization to say that this has a legal problem, it has
potential for legal debate like anything, but the law is clear
that people who have been appointed by a Governor and whose names
have been submitted are properly in front of the legislature, and
it is the legislature's prerogative to either accept or reject
them, regardless of the fact the Governorship has changed hands
between this occurrence. Representative Porter recommended that
the committee adopt the form they had in front of them.
VICE CHAIRMAN ROKEBERG agreed with Representative Porter and
asked him to put that in the form of a motion.
REPRESENTATIVE PORTER asked if he would like to do this
individually or as a group.
VICE CHAIRMAN ROKEBERG made a motion to move the list of
appointments, transferred by Suzi Lowell, House Chief Clerk, in a
Memorandum dated February 6, 1995, from the committee to the
floor for consideration. Vice Chairman Rokeberg asked if there
were any objections. There were none. The motion was adopted.
For the record, Vice Chairman Rokeberg asked that the names from
that memorandum be incorporated into the minutes.
State Board of Registration for Architects, Engineers, Land
Surveyors
Mary Ann Pease
D. Lance Mearig, P.E.
Athletic Commission
Kenneth P. Asplund
Board of Barbers and Hairdressers
Julie A. Flint
Board of Chiropractic Examiners
Patricia G. Conners-Allen, D.C.
Virginia C. Phillips
Board of Clinical Social Work Examiners
James W. Henkelman, L.C.S.W.
Colleen C. Patrick-Riley
Board of Dental Examiners
Lt. Commander Benjamin T. Selle, D.M.D.
James C. Singleton, D.D.S.
Board of Dispensing Opticians
Patricia Hedges-Gajdos
Pamela L. Doerr
Alaska Labor Relations Agency
Robert A. Doyle
James W. Elliott
Karen J. Mahurin
Bill J. SMart
Board of Marine Pilots
Robert M. Berto
Board of Marital and Family Therapy
Maureen P. Christensen, M.Ed., L.M.F.T
Board of Certified Direct-Entry Midwives
Sydney Flint
Board of Nursing
Louise M. Dean
Board of Examiners in Optometry
Randall W. Christiansen, O.D.
Marilyn S. Porter
State Physical Therapy and Occupational Therapy Board
Bonnie W. Tisler, P.T.
Board of Psychologist and Psychological Associate Examiners
Timothy M. Lynch
Bruno M. Kappas, Ph.D.
Board of Certified Real Estate Appraisers
Richard L. Shideler
Susan K. Crosson
Alaska Public Utilities Commission
Tim Cook
Alaska Workers Compensation Board
Richard B. Stout
Clifford D. Koivisto
Paula J. Wilson
Darrell R. Smith
Marc D. Stemp
C. Russell Lewis
Patricia A. Vollendorf
ADJOURNMENT
There being no further business before the committee, the House
Labor & Commerce Committee meeting was adjourned at 3:37 p.m.
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