Legislature(1999 - 2000)
03/17/1999 09:04 AM Senate FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
MINUTES
SENATE FINANCE COMMITTEE
March 17, 1999
9:04 AM
TAPES
SFC-99 # 57, Side A
CALL TO ORDER
Co-Chair John Torgerson convened the meeting at
approximately 9:04 AM.
PRESENT
Senator John Torgerson, Senator Loren Leman, Senator Gary
Wilken, Senator Al Adams, Senator Lyda Green and Senator
Dave Donley were present when the meeting convened.
Senator Randy Phillips arrived shortly thereafter.
Also Attending:
CATHERINE REARDON, Director, Division of Occupational
Licensing, Department of Commerce and Economic Development;
GEORGE BUHITE, Administrator, Youth Corrections, Division
of Family and Youth Services, Department of Health and
Social Services; JOHN CRY, President, National Education
Association - Alaska (NEA-AK).
SUMMARY INFORMATION
SB 27-ACCESS TO DRIVING/SCHOOL RECORDS OF CHILD
Amendment #1 was withdrawn. Amendment #2 was amended
technically and adopted without objection. The committee
heard testimony from the National Education Association and
the Division of Family and Youth Services. The bill moved
from committee.
SB 51-LICENSING OF COSMETOLOGISTS
The committee took testimony from the sponsor and the
Division of Occupational Licensing. Amendment #1 was
adopted without objection. The bill was held in committee.
HB 77-JOINT ARMED SERVICES COMMITTEE
SB 55-JOINT ARMED SERVICES COMMITTEE
The committee took testimony from the sponsor of the House
bill and the sponsor of the Senate companion bill. HB 77
moved out of committee.
CS FOR SENATE BILL NO. 27(HES)
"An Act relating to school records and driver license
records of certain children."
This was the second hearing for this bill. Co-Chair John
Torgerson explained that a motion was on the table to adopt
Amendment #1, offered by Senator Gary Wilken. No objection
had been spoken.
Senator Gary Wilken moved to remove Amendment #1 and to
adopt Amendment #2. Co-Chair John Torgerson explained that
Amendment #2 was the same language that addressed a
different section of statute. Amendment #1 would have
amended the section within the Division of Family and Youth
Services and would have required the division to release
the records as opposed to the school districts. Amendment
school districts.
Senator Al Adams requested a member of the Department of
Education to come forward to address the amendment. There
was no one present representing the department.
JOHN CYR, President, NEA Alaska testified in favor of
Amendment #2. He said it filled a gap that had been mission
for a long time. Particularly in urban areas of the state,
there were students who transferred from one school
district to another after getting in trouble in the first
school. Currently, there was no way to track those
students with serious records. He said the NEA was in favor
of both the bill and the amendment.
He had a question on Section 1, page 1 line 5 referring to
the parent or guardian. He wanted clarification whether
that parent meant the custodial parent. If it didn't he
said problems could arise because of some parents who were
prohibited from interaction with their children. Schools
needed to be careful not to allow these parents access to
the children.
Senator Loren Leman responded that he had spoke in the
previous meeting about AS 25.20.130. It contained a
provision ruling that a parent who did not have custody had
the same rights to access of the medical, dental, school
and other records of the child, as set out in the law. This
bill did not propose to change that.
GEORGE BUHITE, Youth Corrections Administrator, Division of
Family and Youth Services, Department of Health and Social
Services, testified in favor of Amendment #2. He said it
addressed the division's concerns with school safety.
[Remainder of comments inaudible.]
Senator Gary Wilken moved to amend Amendment #2 to replace
the word, "bull" with the word, "bill" on line 17. This
was a technical amendment. There was no objection and the
amendment to Amendment #2 was adopted.
Senator Loren Leman noted the title might be adequate as it
was but noted that with the adoption of Amendment #2, a
title change might be needed. He proposed a conceptual
technical amendment for a title change if it were deemed
necessary. Co-Chair John Torgerson said the amendment had
been drafted by the Legal Services Division. He made a
friendly amendment to Amendment #2 to allow the bill
drafters to incorporate a title change if necessary.
Amendment #2 as amended was adopted without objection.
Senator Loren Leman offered a motion to move CS SB 27 (HSS)
as amended from committee. There was no objection, and it
was so ordered.
CS FOR SENATE BILL NO. 51(L&C)
"An Act relating to barbers, hairdressers,
manicurists, and cosmetologists; providing that the
only qualification necessary for licensure as a
manicurist, other than payment of fees, is completion
of a class that is 12 hours in duration, addresses
relevant health, safety, and hygiene concerns, and is
offered through a school approved by the Board of
Barbers and Hairdressers; and providing for an
effective date."
DOUG SALICK, committee aide for the Senate Community and
Regional Affairs Committee and staff to Senator Tim Kelly,
testified to the bill. The bill would change the word
"cosmetology" to "esthetics" to comply with other states
and apply to a broader range of services.
Additionally, it would create a new license for manicurists
and dictate the training they must undergo. It also
created a new instructor's license that would cover
practitioners as well as instructors, thus allowing an
instructor to practice as well as teach simultaneously. It
set new guidelines for those who practice in other states
and wished to practice temporarily in Alaska. Finally, it
also removed the shaving requirement from the statutes
since it was no longer taught.
He noted that a Board of Cosmetology member was planning to
testify via teleconference from Anchorage, but was not yet
at the LIO.
Senator Randy Phillips asked about the Department of
Environmental Conservation fiscal note for $3800 to cover
publications and wanted to know if the funds would come
from the licensees or from the general fund.
CATHERINE REARDON, Director, Division of Occupational
Licensing, Department of Commerce and Economic Development,
came to the table to address the fiscal note question. She
believed that the fiscal note would not be covered by
license fees and would need to be covered with general
funds. Department of Environmental Conservation currently
had responsibility to do health inspections for other
licensed professions and was not covered by license fees.
Co-Chair John Torgerson asked if it was normal practice in
regulations for the costs to be passed on to the licensees.
Katherine Reardon replied that by statute, all the costs of
the regulation of the profession must be covered by license
fees. However, those costs were generally thought to be
those incurred by the Department of Commerce and Economic
Development to run the licensing program. She suggested
that the funds could be RSA'ed to the Department of
Environmental Conservation to cover inspection costs.
Currently, funds were RSA'ed to the Department of Labor for
enforcement of contractor's licenses.
Co-Chair John Torgerson clarified that to do so, the
committee would increase the Department of Commerce and
Economic Development fiscal note from 16.4 to include the
3.8. Catherine Reardon answered that was correct and
continued that an indication would be made on the fiscal
note stating the intention that the funds be RSA'ed to the
Department of Environmental Conservation.
Senator Randy Phillips commented that he wished a
representative of the Department of Environmental
Conservation were present to answer questions.
Senator Randy Phillips moved to amend the fiscal notes to
incorporate the $3800 amount from the Department of
Environmental Conservation into the Department of Commerce
and Economic Development fiscal note as interagency
receipts with the possibility to RSA the funds to the
Department of Environmental Conservation.
Co-Chair John Torgerson clarified that there would still be
a need for a 3.8 Department of Environmental Conservation
fiscal note. It would just be shown as interagency
receipts.
Senator Lyda Green referred to the fiscal note comments on
the number of manicurists and wondered about the "thousands
of businesses." Catherine Reardon doubted there would be
thousands. Senator Lyda Green felt that number was high
and should be adjusted downward.
Co-Chair John Torgerson named the fiscal note motion
Amendment #1 and it was adopted without objection.
Senator Loren Leman had a question on inspections. He
referred to testimony from Catherine Reardon in the Senate
Labor and Commerce Committee that the bill would require
the Department of Environmental Conservation to inspect the
business when it first opened, but upon transfer, no
inspection was required. He wanted to know if that was what
actually was taking place. Catherine Reardon answered that
it was and that current statute dictated the amount of
times the Department of Environmental Conservation was to
perform inspections. She added that in situations where the
Department of Environmental Conservation had limited
resources they were to reduce the number of inspections and
only respond if they received a complaint.
Senator Loren Leman pointed out that the title of the bill
used the term "esthetics" but the first line of the bill
used "cosmetologist". If it was the intent to change the
term, he felt it needed to be consistent throughout the
bill. Co-Chair John Torgerson said he would check with the
drafters and that the desire for consistency seemed
reasonable.
There was discussion about the testifier who was not
present. Doug Salick told the committee she wished to speak
about the length of training required for manicurists, and
that she felt it should be more than 12 hours.
Co-Chair John Torgerson ordered bill moved to bottom of
calendar to wait for the testifier to get to the Anchorage
LIO.
CS FOR HOUSE BILL NO. 77(FIN)
"An Act relating to the Joint Armed Services
Committee, a permanent interim committee of the Alaska
State Legislature; and providing for an effective
date."
SENATE BILL NO. 55
"An Act relating to the Joint Armed Services
Committee, a permanent interim committee of the Alaska
State Legislature; and providing for an effective
date."
Co-Chair John Torgerson noted the committee had an earlier
hearing on SB 55. Since that meeting, the house bill was
referred to the committee and would be the focus of this
hearing.
CASEY SULLIVAN, aide to Representative Lisa Murkowski,
testified to the House bill. He said Alaska was being
considered for the site of a National Missile Ballistic
Defense System. The Pentagon and the Secretary of Defense
recently stated that another round of Base Realignments and
Closures were forthcoming. Because of those challenges,
Representative Lisa Murkowski introduced HB 77.
HB 77 would replace the existing Joint Committee on
Military Bases in Alaska with the Joint Armed Services
Committee and would have a longer existence than called for
in the Uniform Rules, thus requiring a change in statute.
The committee would be activated on July 1, 1999 and the
Legislative Council would provide administrative and other
services to the committee.
He continued saying that this committee would provide a
unified front by the House, Senate, Military and Civilian
members to monitor timely military topics relative to
Alaska.
Alaska was in the crux of two swaying forces with regard to
its military - the potential creation of new sites for a
National Ballistic Missile Defense System and possible
consolidation of existing military operations. These
events would require considerable and constant attention.
With the military accounting for approximately $1.7 billion
of Alaska's economy, it was imperative that the Legislature
take a leading role to monitor the economic impact of
future military related events. The Joint Armed Services
Committee would provide that focus, summarized Casey
Sullivan.
Senator Loren Leman noticed a couple differences between
the House and Senate bills. One was the transition clause
contained in Section 3 of SB 55 but not included in HB 77.
The other was the first listed power and duty, which was to
review and encourage state policy regarding the National
Guard.
Casey Sullivan addressed the second difference. Page 4
lines 19 and 20 of the Senate bill discussed the reviewing
policy. This was removed in the House because it was felt
it would be a duplication of services.
He then explained the reason for change in the transition
language in Section 3. [Inaudible]
He noted that a sunset was also added to both versions.
CHRIS NELSON, staff to Senator Tim Kelly, sponsor of SB 55,
testified that they had reviewed the House version of the
bill and concurred with its content. He felt the sunset
clause was not necessary but that future Legislators would
chose to extend it.
Regarding the transition there was considerable discussion
in the House. He concurred with the language in the House
bill because it was important to have the historical
knowledge.
Co-Chair John Torgerson brought the committee's attention
to the Legislative Council's zero fiscal note. Senator
Lyda Green had a problem with the source of funding on this
bill and felt that it should stand on its own rather than
contained in the council's operating budget. Co-Chair John
Torgerson did not disagree but said that the Legislature
had the request before them in the legislative operating
budget. There would be two opportunities for discussion on
the funding.
Senator Al Adams noted that the $18,000 would be debated in
subcommittee as part of the Legislative operating budget.
Co-Chair John Torgerson agreed and said that if it fell out
during the budget debates there would be no funding for the
program.
Senator Gary Wilken offered a motion to move CS HB 77 (FIN)
from committee. Without objection it was so ordered.
SB 51-LICENSING OF COSMETOLOGISTS
Co-Chair John Torgerson brought this bill back to the
table. It was noted that the Anchorage participant had not
yet arrived at the LIO.
Co-Chair John Torgerson asked for comment on the argument
that 12 hours of training for manicurist certification
would not be adequate. Catherine Reardon began by
informing the committee that she performed two roles, one
was with the Board of Cosmetology and the other was as a
staff member of the Department of Commerce and Economic
Development. She said that the board would meet next week,
discuss the matter and possibly decide that more training
was appropriate.
Speaking from the department, she felt the number of hours
was arbitrary. She had worked with the sponsor to reach
the 12-hour requirement. She had concerns about people
needing to close their business to fly to area were
training was available and advised that this could be cost
prohibitive to some businesses. She did research and found
a school that offered a training course at a cost of $3000
and took three months to complete. She felt that someone
in Ketchikan would be unable to afford to do that.
Senator Al Adams asked for comparison of training
requirements in other states. Catherine Reardon referred to
a handout.
Co-Chair John Torgerson clarified that the Board of
Cosmetology would meet the following Monday. He ordered
the bill held in committee to allow the board to put their
comments on record. Co-Chair John Torgerson said the bill
would probably be brought back up next Thursday.
Co-Chair John Torgerson announced the next day's schedule.
He anticipated there would be a CS for SB 101. Also the
schedule would include SB 11 and SB 24.
It was noted that Senator Gary Wilken, Senator Al Adams and
Senator Dave Donley would not be present on Friday. Co-
Chair John Torgerson said there would probably not be a
meeting on Friday.
ADJOURNED
Senator Torgerson adjourned the meeting at 9:41 AM.
SFC-99 (9) 3/17/99
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