Legislature(1993 - 1994)
04/20/1993 08:00 AM House STA
| Audio | Topic |
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE STATE AFFAIRS STANDING COMMITTEE
April 20, 1993
8:00 a.m.
MEMBERS PRESENT
Representative Al Vezey, Chair
Representative Pete Kott, Vice Chair
Representative Harley Olberg
Representative Jerry Sanders
Representative Gary Davis
Representative Fran Ulmer
Representative Bettye Davis
MEMBERS ABSENT
None
COMMITTEE CALENDAR
HB 249: "An Act relating to persons whose occupations
involve electrical or mechanical equipment and
systems; and providing for an effective date."
CS MOVED FROM COMMITTEE WITH DO PASS
RECOMMENDATION
SB 85: "An Act deleting a requirement that certain
members of the board of directors of the Alaska
Tourism Marketing council be substantially
involved in a visitor or recreation industry
business; relating to the selection of a presiding
officer for the Alaska Tourism Marketing Council;
requiring that the council's tourism marketing
program include promotion of the state as a
destination and promotion of all forms of travel
to the state, including travel by air, highway and
water; extending the termination date of the
Alaska Tourism Marketing Council; requiring the
council to consider methods to fund tourism
marketing using both public and private assets and
to consider methods to provide for the financial
self-sufficiency of the council; and providing for
an effective date."
MOVED FROM COMMITTEE WITH DO PASS RECOMMENDATION
SB 174: "An Act exempting certain taxicab operators from
coverage under the Alaska Wage and Hour Act, the
Alaska Employment Security Act, and the Alaska
Workers' Compensation Act; and providing for an
effective date."
MOVED FROM COMMITTEE WITH DO PASS RECOMMENDATION
HB 209: "An Act relating to community health aide grants."
MOVED FROM COMMITTEE WITH DO PASS RECOMMENDATION
*HB 280: "An Act adopting the Uniform Custodial Trust Act."
MOVED FROM COMMITTEE WITH DO PASS RECOMMENDATION
WITNESS REGISTER
DEBORAH ERICKSON
Department of Social Services
Division of Public Health
P.O. Box 110610
Juneau, Alaska 99811-1106
465-3090
Position Statement: Supported HB 209
JOSH FINK, Legislative Aide
Senator Tim Kelly
Alaska State Legislature
Room 101, State Capitol
Juneau, Alaska 99801-1182
465-3822
Position Statement: Delivered sponsor statement of
CSSB 174(L&C)am
KAREN CHASSE
Anchorage Taxicab Permit Owners Association
2641 Lyvoma Lane
Anchorage, Alaska 99502
243-7080
Position Statement: Supported CSSB 174(L&C)am
REGINA DOYLE, Dispatch Manager
Yellow Cab Company
3647 East 65th Street
Anchorage, Alaska 99507
349-8723
Position Statement: Supported CSSB 174(L&C)am
REPRESENTATIVE GARY DAVIS
Alaska State Legislature
Room 15, State Capitol
Juneau, Alaska 99801-1182
465-2693
Position Statement: Prime Sponsor of SSHB 249
CHARLES MAHLEN, Commissioner
Department of Labor
P.O. Box 21149
Juneau, Alaska 99801-1149
465-2700
Position Statement: Supported SSHB 249
JIM WHITE, President
Southeast Mechanical Contractors
8221 Cedar Street
Juneau, Alaska 99801
789-7406
Position Statement: Supported SSHB 249, Opposed CSHB 249
GLENN CAVE, President
Cave Electrical Contractors
9421 Glacier Highway
Juneau, Alaska 99801
789-2274
Position Statement: Supported SSHB 249
GEORGE MCCOY
2201 Bowig Drive
Anchorage, Alaska 99501
563-0803
Position Statement: Supported CSHB 249, suggested amendments
GARY TRIEWEILER
P.O. Box 2905
Homer, Alaska 99603
235-6977
Position Statement: Supported either form of HB 249
CHARLES METZ
P.O. Box 83487
Fairbanks, Alaska 99807
479-5853
Position Statement: Supported SSHB 249
DENNIS ERICKSON
P.O. Box 516
Ward Cove, Alaska 99928
247-8167
Position Statement: Supported SSHB 249
WILL JAHRIG
P.O. Box 51
Kenai, Alaska 99669
262-4262
Position Statement: Supported SSHB 249
SANDY HUSS
City of Kotzebue
Kotzebue, Alaska 99752
Position Statement: Supported CSHB 249
FRED MOODY
P.O. Box 298
Nome, Alaska 99762
443-2380
Position Statement: Supported either form of HB 249
DENNIS LEWIS
P.O. Box 329
Petersburg, Alaska 93833
772-4203
Position Statement: Supported either form of HB 249
JOHN LITTLEFIELD
P.O. Box 2212
Sitka, Alaska 99835
747-6866
Position Statement: Supported CSHB 249
GLEN MARUNDE
P.O. Box 192
Tok, Alaska 99780
883-4601
Position Statement: Supported either form of HB 249
DAN COFFEY
P.O. Box 1212
Valdez, Alaska 99686
835-5533
Position Statement: Supported SSHB 249, opposed CSHB 249
KAREN BRAND, Legislative Aide
Representative Carl Moses
Alaska State Legislature
Room 204, State Capitol
Juneau, Alaska 99801-1182
465-4451
Position Statement: Delivered sponsor statement on HB 280
ART PETERSON
Alaska Uniform Law Commissioner
One Sealaska Plaza, Suite 202
Juneau, Alaska 99801
586-4000
Position Statement: Supported HB 280
PREVIOUS ACTION
BILL: HB 249
SHORT TITLE: ELECTRICAL/MECHANICAL TRADESPERSONS
BILL VERSION: SSHB 249
SPONSOR(S): REPRESENTATIVE(S) G.DAVIS
TITLE: "An Act relating to persons whose occupations involve
electrical or mechanical equipment and systems; and
providing for an effective date."
JRN-DATE JRN-PG ACTION
03/22/93 733 (H) READ THE FIRST TIME/REFERRAL(S)
03/22/93 733 (H) LABOR & COMMERCE,STATE
AFFAIRS,JUDICIARY
03/30/93 853 (H) SPONSOR SUBSTITUTE INTRODUCED-
REFERRALS
03/30/93 853 (H) L&C, STATE AFFAIRS, JUDICIARY
03/30/93 (H) L&C AT 03:00 PM CAPITOL 17
03/30/93 (H) MINUTE(L&C)
03/31/93 873 (H) L&C RPT 5DP 1NR
03/31/93 873 (H) DP: SITTON,MACKIE,MULDER,
WILLIAMS,HUDSON
03/31/93 873 (H) NR: PORTER
03/31/93 873 (H) -FISCAL NOTE (LABOR) 3/31/93
04/19/93 1324 (H) JUD REFERRAL WAIVED
04/20/93 (H) STA AT 08:00 AM CAPITOL 102
BILL: SB 85
SHORT TITLE: TOURISM MARKETING COUNCIL
BILL VERSION: CSSB 85(FIN) AM
SPONSOR(S): LABOR & COMMERCE
TITLE: "An Act deleting a requirement that certain members
of the board of directors of the Alaska Tourism Marketing
Council be substantially involved in a visitor or recreation
industry business; relating to the selection of a presiding
officer for the Alaska Tourism Marketing Council; requiring
that the council's tourism marketing program include
promotion of the state as a destination and promotion of all
forms of travel to the state, including travel by air,
highway, and water; extending the termination date of the
Alaska Tourism Marketing Council; requiring the council to
consider methods to fund tourism marketing using both public
and private assets and to consider methods to provide for
the financial self-sufficiency of the council; and providing
for an effective date."
JRN-DATE JRN-PG ACTION
02/01/93 204 (S) READ THE FIRST TIME/REFERRAL(S)
02/01/93 205 (S) LABOR & COMMERCE, THEN FINANCE
02/09/93 (S) L&C AT 01:30 PM BELTZ ROOM 211
02/09/93 (S) MINUTE(L&C)
02/10/93 314 (S) L&C RPT CS 4DP 1NR NEW TITLE
02/10/93 314 (S) FISCAL NOTE TO SB & CS (DCED)
03/25/93 (S) FIN AT 09:00 AM SENATE FIN 518
04/06/93 (S) FIN AT 08:00 AM SENATE FIN 518
04/06/93 1123 (S) FIN RPT CS 5DP 1DNP
NEW TITLE
04/06/93 1123 (S) ZERO FISCAL NOTE TO CS (DCED)
04/08/93 1269 (S) RULES TO CALENDAR 4/8/93
04/08/93 1269 (S) READ THE SECOND TIME
04/08/93 1269 (S) FIN CS ADOPTED UNAN CONSENT
04/08/93 1269 (S) AM NO 1 MOVED BY ADAMS
04/08/93 1270 (S) AM NO 1 ADOPTED Y11 N9
04/08/93 1277 (S) ADVANCED TO THIRD READING
UNAN CONSENT
04/08/93 1277 (S) READ THE THIRD TIME
CSSB 85(FIN) AM
04/08/93 1278 (S) PASSED Y16 N3 E1
04/08/93 1278 (S) EFFECTIVE DATE VOTE SAME AS
PASSAGE
04/08/93 1283 (S) TRANSMITTED TO (H)
04/08/93 1135 (H) READ THE FIRST TIME/REFERRAL(S)
04/08/93 1135 (H) STATE AFFAIRS, FINANCE
04/20/93 (H) STA AT 08:00 AM CAPITOL 102
BILL: SB 174
SHORT TITLE: EXEMPTING CAB DRIVERS FROM EMPLOYMENT LAW
BILL VERSION: CSSB 174(L&C) AM
SPONSOR(S): SENATOR(S) KELLY,Taylor,Pearce
TITLE: "An Act exempting certain taxicab operators from
coverage under the Alaska Wage and Hour Act, the Alaska
Employment Security Act, and the Alaska Workers'
Compensation Act; and providing for an effective date."
JRN-DATE JRN-PG ACTION
03/25/93 946 (S) READ THE FIRST TIME/REFERRAL(S)
03/25/93 946 (S) LABOR & COMMERCE
03/30/93 (S) L&C AT 01:30 PM FAHRENKAMP
ROOM 203
04/01/93 (S) L&C AT 01:30 PM FAHRENKAMP
ROOM 203
04/01/93 1039 (S) L&C RPT CS 3DP 1NR
NEW TITLE
04/01/93 1039 (S) ZERO FISCAL NOTE TO SB & CS
(LABOR)
04/15/93 1406 (S) RULES TO CALENDAR 4/15/93
04/15/93 1409 (S) READ THE SECOND TIME
04/15/93 1409 (S) L&C CS ADOPTED UNAN CONSENT
04/15/93 1410 (S) ADVANCE TO 3RD RDG FAILED Y11 N9
04/15/93 1410 (S) THIRD READING 4/16 CALENDAR
04/16/93 1444 (S) READ THE THIRD TIME
CSSB 174(L&C)
04/16/93 1444 (S) MOTION TO RET TO 2ND FOR AM
1 WITHDRAWN
04/16/93 1445 (S) RETURN TO SECOND FOR AM 2
UNAN CONSENT
04/16/93 1445 (S) AM NO 2 ADOPTED UNAN CONSENT
04/16/93 1446 (S) PASSED Y20 N-
04/16/93 1446 (S) EFFECTIVE DATE VOTE SAME AS
PASSAGE
04/16/93 1446 (S) COSPONSOR(S): PEARCE
04/16/93 1453 (S) TRANSMITTED TO (H)
04/19/93 1314 (H) READ THE FIRST TIME/REFERRAL(S)
04/19/93 1314 (H) STATE AFFAIRS
04/20/93 (H) STA AT 08:00 AM CAPITOL 102
BILL: HB 209
SHORT TITLE: COMMUNITY HEALTH AIDE GRANTS
BILL VERSION:
SPONSOR(S): HEALTH, EDUCATION AND SOCIAL SERVICES
TITLE: "An Act relating to community health aide grants."
JRN-DATE JRN-PG ACTION
03/10/93 590 (H) READ THE FIRST TIME/REFERRAL(S)
03/10/93 590 (H) CRA, STATE AFFAIRS, HES, FINANCE
04/01/93 (H) CRA AT 01:00 PM CAPITOL 124
04/06/93 (H) MINUTE(CRA)
04/07/93 1064 (H) CRA RPT 6DP
04/07/93 1064 (H) DP: TOOHEY, WILLIAMS, WILLIS,
DAVIES
04/07/93 1064 (H) DP: SANDERS, OLBERG
04/07/93 1064 (H) -ZERO FISCAL NOTE (DHSS) 4/7/93
04/19/93 1324 (H) HES REFERRAL WAIVED
04/20/93 (H) STA AT 08:00 AM CAPITOL 102
BILL: HB 280
SHORT TITLE: UNIFORM CUSTODIAL TRUST ACT
BILL VERSION:
SPONSOR(S): RULES
TITLE: "An Act adopting the Uniform Custodial Trust Act."
JRN-DATE JRN-PG ACTION
04/08/93 1110 (H) READ THE FIRST TIME/REFERRAL(S)
04/08/93 1111 (H) STATE AFFAIRS, JUDICIARY
04/20/93 (H) STA AT 08:00 AM CAPITOL 102
ACTION NARRATIVE
TAPE 93-42, SIDE A
Number 000
CHAIRMAN AL VEZEY called the House State Affairs Committee
to order at 8:02 on April 20, 1993. Members present were
Representatives Pete Kott, Harley Olberg, Bettye Davis, Gary
Davis, Fran Ulmer and Jerry Sanders, representing a quorum.
HB 209 COMMUNITY HEALTH AIDE GRANTS
Number 019
CHAIRMAN VEZEY read the title to HB 209 and noted its
introduction by the House Health, Education and Social
Services Committee, and called for testimony.
Number 031
DEBORAH ERICKSON, DEPARTMENT OF HEALTH AND SOCIAL SERVICES,
DIVISION OF PUBLIC HEALTH, joined the committee to express
the department's support for HB 209. She noted the state
had been providing funds for the Alaska Native Health Board
for years in order to provide money for non-profit Native
health aides. She stated the money was specifically
provided for supervision and training of health aides, and
the state was providing only about ten percent of the total
funding. She noted there was no need for legislation until
two larger sized Native groups splintered away from the
Alaska Native Health Board, which meant that funding could
not be provided those groups. She said Alaska might be
subject to lawsuits unless funding for those groups was
provided, which HB 209 provided for.
Number 104
CHAIRMAN VEZEY noted that under the statute, grants to
qualified health organizations were not limited to those
grandfathered in, but the $8,000 grants seemed to be
available to everyone.
Number 120
MS. ERICKSON stated in the definition of each health
organization the statute allows health care organizations
receiving aid in 1984 to receive funding, and it is not a
problem for local organizations, but rather the regional
corporations.
Number 135
CHAIRMAN VEZEY stated he had a problem with the term
"entitled" in the statute. He wondered if it bothered the
department that the state is obligated to pay an entitled
fund.
Number 143
MS. ERICKSON stated there is a provision in the statute that
limits the funds to the appropriation list in the original
list.
Number 152
CHAIRMAN VEZEY asked, if the statute allowed almost anyone
to claim the aid, why not just eliminate the law and open it
up completely?
Number 155
MS. ERICKSON stated the law provides controls for
eligibility that should be kept, and it also provides
guidelines and definitions on what state funds can be used
for. One concern is that the organizations taking funds do
not use the funds for salaries, only for training and
supervision. That way, the state's liability is limited.
Number 176
CHAIRMAN VEZEY asked what the state gained by limiting the
funds to groups contracting to Indian Health Service groups
from 1984, but no new groups.
Number 185
MS. ERICKSON stated it really does not limit the entry to
the program. She said most of the state was covered by one
central organization at one time, which would allow it to
enter the program anyway.
Number 201
REPRESENTATIVE FRAN ULMER moved passage of HB 209 from House
State Affairs.
Number 217
House Bill 209 was moved from House State Affairs by a 7-0
vote.
CSSB 85(FIN)am TOURISM MARKETING COUNCIL
Number 224
CHAIRMAN VEZEY read the title to CSSB 85(FIN)am and noted
the committee heard testimony on its House counterpart the
previous Saturday. He asked the committee's pleasure.
Number 238
REPRESENTATIVE ULMER moved passage of CSSB 85(FIN)am. There
were no objections.
CSSB 174(L&C)am EXEMPTING CAB DRIVERS FROM EMPLOYMENT LAW
Number 246
CHAIRMAN VEZEY then read the title to CSSB 174(L&C)am and
called for a sponsor statement.
Number 254
JOSH FINK, AIDE TO SENATOR TIM KELLY, joined the committee
to deliver the sponsor statement. He noted Chairman Vezey
introduced the House version of SB 174, and stated they were
almost identical. He stated CSSB 174(L&C)am simply
maintains the status quo, which gives drivers the right to
collect their pay directly from customers while paying a
flat fee to a dispatch service. He said CSSB 174(L&C)am
also allows exemptions of taxicab operators from various
state employment acts, and enjoys widespread support from
both operators and dispatchers across the state.
CHAIRMAN VEZEY noted the reason behind CSSB 174(L&C)am was a
1992 court decision.
MR. FINK expressed his agreement, and noted that the
Department of Labor is currently working to change its
regulations after the decision.
Number 295
KAREN CHASSE, ANCHORAGE TAXICAB PERMIT OWNERS ASSOCIATION,
joined the committee to testify in favor of CSSB 174(L&C)am.
She stated operators have for years gone into business for
themselves, knowing in advance they would not receive the
benefits outlined in state employment acts. In exchange for
that, they remain independent businessmen able to determine
their own hours and decide their own economic fate. She
said the Department of Labor is actively trying to take that
status away from drivers by classifying them as employees,
while making dispatchers employers. She stated the industry
and customers would both lose if that change is made.
Number 372
REGINA DOYLE, DISPATCH MANAGER FOR YELLOW CAB, joined the
committee to support CSSB 174(L&C)am. She echoed many of
Ms. Chasse's remarks, and stated CSSB 174(L&C)am simply put
the status quo into statute before independent status might
be taken from drivers.
REPRESENTATIVE ULMER moved passage of CSSB 174(L&C)am.
There were no objections.
SSHB 249 ELECTRICAL/MECHANICAL TRADESPERSONS
Number 403
CHAIRMAN VEZEY read the title to SSHB 249 and noted a
committee substitute (CS) had been drawn up. He entertained
a motion to adopt the new version for purposes of
discussion.
Number 418
REPRESENTATIVE OLBERG moved for adoption of CSHB 249(STA)
for purposes of discussion. There were no objections.
Number 422
REPRESENTATIVE ULMER asked what the differences were between
SSHB 249 and CSHB 249(STA).
Number 425
CHAIRMAN VEZEY stated CSHB 249(STA) reconstituted the Board
of Electrical Examiners and the Board of Mechanical
Examiners and placed them under the Department of Commerce,
while SSHB 249 would have placed that responsibility under
the Department of Labor.
Number 432
REPRESENTATIVE GARY DAVIS, PRIME SPONSOR OF HB 249, stated
he felt any version of the bill was necessary to provide for
the health, welfare and safety of Alaskans statewide. He
noted the sunsetting of both the electrical and mechanical
examiners boards, and stated not rebuilding a mechanism to
certify licenses of electrical and mechanical administrators
could put the state into a position of liability. He said
he preferred SSHB 249 to CSHB 249(STA), but because of the
urgency of the need, would accept the CS.
Number 459
CHARLES MAHLEN, COMMISSIONER, DEPARTMENT OF LABOR, testified
in favor of SSHB 249 and in opposition to CSHB 249(STA),
saying there was a studied need to transfer responsibility
of the electrical and mechanical administrators to Labor
because of enforcement problems in the Commerce Department.
He stated HB 249 was created after the Attorney General
noted the need to draw up new administrative and enforcement
practices. He said the idea behind the original version of
HB 249 was to streamline the administrative, license and
training problems behind the electrical and mechanical
administrators positions. He also stated that putting the
licenses back under the Commerce Department would recreate
the enforcement problems first cited by the Attorney
General.
Number 507
CHAIRMAN VEZEY asked how the enforcement would be different.
Number 509
COMMISSIONER MAHLEN stated the penalty under the later
version was only $300, which would amount to nothing for
people working on major projects.
Number 518
CHAIRMAN VEZEY stated the original statute provided for only
a $300 fine, with the possibility of injunctive relief in
court. He asked if the commissioner would advocate a larger
fine.
Number 531
COMMISSIONER MAHLEN stated he felt the administrator should
also be responsible for all project work and that the jail
time previously included should also be written in.
Number 541
CHAIRMAN VEZEY told the commissioner he felt he didn't get
an answer to his question, and restated it as to whether the
statutory fine should be adjusted, and if so, to what level.
Number 545
COMMISSIONER MAHLEN stated he felt the injunctive relief
should cover the damages, but restated his wish to see jail
time included.
Number 552
REPRESENTATIVE ULMER reminded the Chairman of an auto bill
the House took up in which the statute gave the court the
right to determine the severity of the penalty depending on
the offense. She suggested the court ought to be given the
same latitude depending on the size of the job under the
administrators purview.
Number 568
CHAIRMAN VEZEY noted a previous version set out penalties of
up to 60 days in jail, and stated he felt a jail term was
inappropriate for this type of economic crime.
Number 571
COMMISSIONER MAHLEN stated he felt the penalties were
immaterial unless enforcement was returned to Labor, as
opposed to Commerce.
Number 587
CHAIRMAN VEZEY asked the commissioner to return to the topic
of the penalties themselves, and asked if the commissioner
would favor a sliding scale system proposed by
Representative Ulmer.
Number 591
COMMISSIONER MAHLEN said he could go along with penalties
being meted out on basis of the scale of the job.
Number 598
JIM WHITE, PRESIDENT OF SOUTHEAST MECHANICAL CONTRACTORS,
testified in favor of some form of HB 249, but stated he had
several problems with CSHB 249(STA). He said he opposed the
provision stating any job lasting over 24 hours must be
inspected personally by an electrical administrator. He
stated in outlying areas jobs may last more than 24 hours
for a variety of reasons, none of which would require a
personal inspection. He stated requiring one would cost the
industry and consumers unfairly.
Number 620
CHAIRMAN VEZEY agreed, saying he felt the provision should
also be addressed.
Number 627
REPRESENTATIVE BETTYE DAVIS asked what Mr. White thought of
CSHB 249(STA).
Number 630
MR. WHITE responded he did not like the CS, stating he felt
going back to the previous system, as CSHB 249(STA) did,
would be a step backward. He stated there was a need for
consistency, which putting the entire process under Labor
would do, and would make the system more efficient and
better enforced. He noted that Commerce had little real
enforcement power in the field, and putting enforcement into
the department that administered the program would be
better.
Number 656
GLEN CAVE, PRESIDENT OF CAVE ELECTRICAL CONTRACTORS,
testified in opposition of CSHB 249(STA). He stated putting
electrical administrators in the field was better than
placing them in a bureaucracy. He said building a new
bureaucracy under Labor was a mistake and he favored
returning to the board system.
Number 675
REPRESENTATIVE B. DAVIS asked if Mr. Cave could support CSHB
249(STA).
Number 680
MR. CAVE said he supported the original bill (SSHB 249), but
he had problems with the criminal penalties that were to be
enforced. He stated it was best to allow problems to be
worked out between contractors and customers before allowing
the courts to become involved. He also opposed the
licensing exemption for professional engineers.
TAPE 93-43, SIDE B
Number 020
REPRESENTATIVE G. DAVIS asked why Mr. Cave opposed the
exemption for professional engineers.
MR. CAVE stated that while professional engineers had
extensive schooling, they should be required to take the
test because of the broad area covered in practical
electrical work. He also said exempting engineers from the
licensing provision did not take into account the
possibility of a lack of experience in the person.
GEORGE MCCOY, A FORMER MEMBER OF THE BOARD OF ELECTRICAL
EXAMINERS, testified by teleconference from Anchorage in
favor of CSHB 249(STA). He stated there was a greater need
for renewal of electrical administrators' licenses than ever
before because of the increasing population and because of
the changes in technology. He opposed the 24 hour personal
inspection requirement, stating such a requirement would
place a financial burden on the industry and the customer.
Number 129
GARY TRIEWEILER testified by teleconference from Homer in
favor of either version of HB 249. He stated he was
surprised it took the legislature this long to address a
pressing need for the state for more than a year, and it was
up to the committee to get in gear and pass some form of the
bill.
Number 146
CHARLES METZ, ELECTRICAL ADMINISTRATOR, testified by
teleconference from Fairbanks in opposition to CSHB
249(STA), stating the latest version did not closely
resemble the original HB 249. He objected to the exemption
given to professional engineers, despite their extensive
schooling, saying their degree would not cover the necessary
comprehensive code analysis for everyday use. He called for
the committee to revert to SSHB 249 and reject CSHB
249(STA).
Number 197
DENNIS ERICKSON testified by teleconference from Ketchikan
to support SSHB 249, and urged rejection of CSHB 249(STA).
Number 209
WILL JAHRIG testified by teleconference from Kenai in
opposition to CSHB 249. He stated he saw a need for a bill
to be passed, but said he had several objections to the
latest version, including the allowance of outside
contractors to be given licenses without testing. He stated
such a practice would put Alaskans at risk. He also
objected to the exemption given professional engineers.
Number 245
SANDY HUSS testified by teleconference from Kotzebue in
favor of CSHB 249. He stated he had several problems with
the latest version of HB 249, but said any version was
better than none at all. He noted there was a need to set a
standard for Alaskans to follow until the system could be
perfected, and no one would benefit by allowing licenses to
lapse.
Number 273
FRED MOODY testified by teleconference from Nome in favor of
passing either form of HB 249. He stated he was most
concerned with keeping licenses valid. He also opposed the
professional engineers exemption in CSHB 249(STA).
Number 317
DENNIS LEWIS testified by teleconference from Petersburg in
support of either version of HB 249. He stated the main
concern was not allowing licenses to lapse, and stated it
was important to get new electrical administrators on line
as soon as possible.
Number 336
JOHN LITTLEFIELD testified by teleconference from Sitka in
support of CSHB 249(STA), but said he had several problems
with the latest version. Specifically, he had objections to
sections five, eight, nine and ten. He stated it was wrong
to exempt professional engineers from the licensing exam;
that the $300 fine to be imposed for violations was too low;
and that he would prefer to see the entire process put into
the Labor Department. However, he said, despite those
objections, it was of primary importance to pass some
version of the bill.
Number 360
GLENN MARUNDE testified by teleconference from Tok in
support of SSHB 249, but said he could also go along with
the later version. He registered his objections to the
engineering exemption and noted that many people in rural
areas do their own work, so he called for an increase in the
number of administrators, as well as an increase in the
number of electrical inspectors.
Number 408
DAN COFFEY testified by teleconference from Valdez in
support of SSHB 249 and in opposition to CSHB 249(STA). He
objected to the exemption for professional engineers, and
also called for the streamlining of the process.
Number 420
CHAIRMAN VEZEY noted the committee had heard from 14
witnesses on HB 249 and stated he felt time was running out
on the last committee meeting of the session. He
entertained comments and motions on HB 249.
Number 437
REPRESENTATIVE G. DAVIS moved passage of CSHB 249(STA) with
individual recommendations.
Number 440
REPRESENTATIVE B. DAVIS inquired where the bill was headed
next.
CHAIRMAN VEZEY stated it was slated next for Judiciary.
Number 449
REPRESENTATIVE G. DAVIS withdrew his motion in order to
discuss section five, which dealt with the testing exemption
for professional engineers.
Number 466
CHAIRMAN VEZEY stated the reason he deleted the test
requirement for engineers was because under current law
three licenses would be required to complete and inspect a
job: that of the journeyman electrician, the electrical
administrator and the professional engineer. He said if the
engineer were exempt, that would cut the level of licenses
needed on any one job to two, which would accordingly cut
costs for consumers. He also noted that being a
professional engineer requires not only a degree but years
of experience and the successful completion of a
comprehensive test. He also told the committee the standard
for such a test was higher than that required of an
administrator.
Number 488
REPRESENTATIVE G. DAVIS said he saw no reference to licensed
electrical engineers in CSHB 249(STA).
Number 493
CHAIRMAN VEZEY explained there was no legal status for
licensed electrical engineers, and the policing and
guarantor of the proficiency of such engineers was a
function of the Board of Architects and Engineers. He also
stated there was only one statutory category of engineers,
that of the professional engineer. He stated the board
issues specialty endorsements in several areas, and that it
is a violation of ethical and legal standards to practice
engineering outside the area of a specialty endorsement.
Number 501
REPRESENTATIVE ULMER noted a problem on page two, line
seven. She stated there was an apparent conflict on line
19, which stated a violation would constitute the commission
of a misdemeanor, but also deleted the possibility of
imprisonment. She stated she interpreted the misdemeanor
statute to include fines of up to $10,000 and up to 60 days
of jail time. She stated that leaving it up to the court
with respect to jail time might be better.
Number 517
CHAIRMAN VEZEY said he interpreted an unclassified
misdemeanor to carry no jail time.
Number 521
REPRESENTATIVE ULMER moved an amendment to place a period
after the word "violation" on line 19. There were no
objections.
Number 530
REPRESENTATIVE G. DAVIS noted a problem under the "lapse of
license" section, which set four years as the retesting
time. He stated that codes could easily change in four
years, and suggested putting the word "and" in the sentence
to cover that possibility.
Number 542
CHAIRMAN VEZEY noted he built the four year period in to
prevent licenses from lapsing this year, after the
legislature failed to keep them alive after the board's 1992
sunset.
REPRESENTATIVE G. DAVIS withdrew his motion to amend the
line.
REPRESENTATIVE JERRY SANDERS noted a need for an amendment
on page three for section 11, line 12, similar to the
previous amendment mentioned by Representative Ulmer, with
this amendment applying to the section dealing with
Mechanical Administrators. He so moved the amendment.
There were no objections.
Number 572
REPRESENTATIVE ULMER asked for clarification on penalties
for Class C misdemeanors.
Number 589
REPRESENTATIVE G. DAVIS returned to his earlier concerns
over competency testing, and moved placing the word "by"
with "and" in the previous line. There were no objections.
CHAIRMAN VEZEY put the committee at ease to look up Class C
misdemeanor statutes.
Number 607
CHAIRMAN VEZEY called the committee back to order after a
short discussion with Representative Ulmer and the committee
staff. He entertained a motion to change the wording in the
penalty section from "misdemeanor" to violation, which would
effectively allow for a fine of up to $10,000 and give the
court discretion on jail terms.
Number 614
REPRESENTATIVE G. DAVIS moved the amendment suggested by the
chairman. There were no objections.
Number 625
REPRESENTATIVE G. DAVIS noted problems with section eight of
CSHB 249(STA). He said the new wording appeared to be
redundant with respect to the duties and responsibilities of
professional engineers working as electrical administrators.
Number 633
CHAIRMAN VEZEY stated he found the section confusing as
well, but he had been assured by Legislative Legal it was
consistent with the goals laid out in CSHB 249(STA).
However, he said he saw no reason for the section and stated
he felt it could safely be deleted.
Number 645
REPRESENTATIVE G. DAVIS stated it appeared to him to limit
the inspection powers.
Number 647
CHAIRMAN VEZEY remarked it actually removed work done by the
engineer from being inspected, since it was previously
supervised by the engineer.
REPRESENTATIVE G. DAVIS moved deletion of section eight.
There were no objections.
CHAIRMAN VEZEY called for further discussion. Seeing none,
he called the question to pass CSHB 249(STA).
CSHB 249(STA) passed by a 7-0 vote.
HB 280 UNIFORM CUSTODIAL TRUST ACT
Number 689
CHAIRMAN VEZEY read the title to HB 280 and called for its
sponsor statement.
TAPE 93-44, SIDE A
Number 000
KAREN BRAND, LEGISLATIVE AIDE TO REPRESENTATIVE CARL MOSES,
joined the committee to present the sponsor's statement.
She explained that the intent of HB 280 was to allow
everyone in Alaska the chance to develop their own trust in
an easy, inexpensive way. She noted that the person who
creates the trust would remain in control unless becoming
incapacitated or died, and that such a system had already
been developed in several other states. She stated HB 280
would benefit Alaska seniors or those who anticipate being
incapacitated for a period of time, and that the Uniform
Custodial Trust Act had been endorsed by the American Bar
Association. She noted similar legislation had passed the
House in the second session of the 17th Legislature, but
died in the Senate due to time running out.
Number 054
CHAIRMAN VEZEY asked why a person would not be allowed to
revoke the trust when they became incapacitated.
MS. BRAND deferred to a uniform law commissioner seated in
the committee room.
Number 069
CHAIRMAN VEZEY asked what HB 280 would accomplish that
wasn't possible under current trust law.
MS. BRAND again deferred to the commissioner.
Number 069
ART PETERSON, UNIFORM LAW COMMISSIONER FOR THE STATE OF
ALASKA, joined the committee to testify in favor of HB 280.
He stated the Uniform Custodial Trade Act (UCTA) would
provide those people who anticipated being incapacitated
with a chance to direct their assets after such
incapacitation. He stated the idea was to provide an easy,
legal, simple way for common people to use such an idea,
without the problems associated with trusts. He stated
under the current system, trusts could only be established
with a lawyer, much paperwork, court appearances, and at
great expense. He said HB 280 simplified the system and
even provided a form for those who would wish to use it.
Number 129
CHAIRMAN VEZEY asked about the ability to transfer the
trust.
MR. PETERSON noted that section E of HB 280 provides that an
incapacitated person cannot transfer or change the trust
upon his incapacitation.
CHAIRMAN VEZEY stated he was confused by the interchangeable
use of the terms "transferor, transferee, beneficiary."
Number 170
MR. PETERSON stated the terms are indeed interchangeable
depending on the role of the person referred to in the
document. He stated that in some cases, one person could
play several roles.
Number 184
REPRESENTATIVE ULMER explained to the committee that a bill
similar to HB 280 passed the House in the previous
legislature; it was non-controversial; it enjoyed widespread
support; and would benefit most Alaskans; and she urged the
committee to pass the bill.
Number 197
MR. PETERSON also took the time to convey the endorsement of
the American Association of Retired Persons (AARP), whose
representative was forced to leave the meeting due to time
considerations.
Number 203
CHAIRMAN VEZEY also confirmed AARP'S endorsement, and stated
he had spoken with John Shaffer of AARP. He said he did not
wish to rush the committee in its choices on HB 280, but
considering its apparent widespread support, he asked the
members' pleasure.
Number 213
REPRESENTATIVE B. DAVIS moved passage of HB 280.
Number 232
House Bill 280 passed by a 6-0 vote.
Number 238
REPRESENTATIVE ULMER noted the end of the agenda, but asked
the committee Chairman to consider waiving either HB 36 or
HB 215 from committee so it might be considered on the House
floor.
Number 253
CHAIRMAN VEZEY said he appreciated the Representative's
concern with getting the bill out, but said he and other
committee members simply had not enough time to collect the
entire cost figures for a Retirement Incentive Program. He
stated he felt HB 215 carried a large fiscal note, and until
the total cost could be determined, he did not wish to move
it or HB 36.
Number 265
REPRESENTATIVE ULMER stated she felt both bills did not
create a financial burden, and that the costs to the state
were benign.
CHAIRMAN VEZEY stated it appeared to create an unfunded
obligation to the state pension fund, which would make the
costs to employers so high they would not be willing to
participate in such a program.
Number 276
REPRESENTATIVE ULMER stated she felt school districts
covered under HB 215 would be willing to participate in the
program.
ADJOURNMENT
Number 293
CHAIRMAN VEZEY stated that any shortfall created under a RIP
(Retirement Incentive Program) would eventually cost general
fund monies, and therefore should be looked at more closely.
With that, he adjourned the last scheduled House State
Affairs Committee meeting for the First Session of the 18th
Alaska State Legislature at 9:55 a.m.
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