Legislature(1999 - 2000)

04/29/1999 01:40 PM Senate L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         SENATE LABOR AND COMMERCE COMMITTEE                                                                                    
                    April 29, 1999                                                                                              
                      1:40 p.m.                                                                                                 
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Senator Jerry Mackie, Chairman                                                                                                  
Senator Tim Kelly, Vice Chairman                                                                                                
Senator Dave Donley                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Senator Loren Leman                                                                                                             
Senator Lyman Hoffman                                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
CS FOR SENATE BILL NO. 71(HES)                                                                                                  
"An Act relating to licensure by the State Medical Board."                                                                      
                                                                                                                                
     -MOVED CSSB 71(L&C) OUT OF COMMITTEE                                                                                       
                                                                                                                                
CONFIRMATION APPOINTMENTS                                                                                                       
                                                                                                                                
Commissioner - Department of Labor:  Ed Flanagan                                                                                
                                                                                                                                
Alcoholic Beverage Control Board:  Ellen Ganley, Fairbanks, Joe                                                                 
Thomas, Jr., Juneau, Thomas C. Walker, Seward                                                                                   
                                                                                                                                
Alaska Labor Relations Agency:  Blair E. Marcotte, Fairbanks,                                                                   
Raymond P. Smith, Anchorage                                                                                                     
                                                                                                                                
State Board of Registration for Architects, Engineers, and Land                                                                 
Surveyors:  Linda Cyra-Korsgaard, Anchorage, Marcia R. Davis,                                                                   
Anchorage, D. Lance Mearig, Juneau                                                                                              
                                                                                                                                
Board of Chiropractic Examiners:  Carol J. Davis, Fairbanks, Steven                                                             
D. Messerschmidt, Juneau, Sean C. Siegel, Anchorage                                                                             
                                                                                                                                
Board of Dispensing Opticians:  James Rothmeyer, Fairbanks, Roberta                                                             
Rawcliffe, Palmer                                                                                                               
                                                                                                                                
Board of Marine Pilots:  Robert M. Berto, Ketchikan                                                                             
                                                                                                                                
Board of Certified Real Estate Appraisers:  Vince Coan, Wasilla,                                                                
James A. Hage, Fairbanks                                                                                                        
                                                                                                                                
Board of Veterinary Examiners:  Connie J. Sanders, Anchorage                                                                    
                                                                                                                                
Board of Worker's Compensation:  Andrew J. Piekarski, Anchorage,                                                                
Nancy J. Ridgley, Ketchikan, Dorothy Bradshaw, Fairbanks, Philip E.                                                             
Ulmer, Eagle River                                                                                                              
                                                                                                                                
Real Estate Commission:  Eleanor F. Oakley, Palmer, Larry Spencer,                                                              
Juneau, Linda L. Freed, Kodiak                                                                                                  
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                                
                                                                                                                                
SB 71 -  See HESS minutes dated 4/7/99 and 4/12/99 and Labor and                                                                
Commerce Committee minutes dated 4/27/99.                                                                                       
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
Mr. Ed Flanagan, Commissioner-Designee                                                                                          
Department of Labor                                                                                                             
PO Box 21149                                                                                                                    
Juneau, AK  99802-1149                                                                                                          
                                                                                                                                
Mr. Gerald Newton                                                                                                               
315 Dunbar Ave.                                                                                                                 
Fairbanks, AK  99701                                                                                                            
                                                                                                                                
Mr. Joe Tracanna                                                                                                                
3040 Davis Rd.                                                                                                                  
Fairbanks, AK  99709                                                                                                            
                                                                                                                                
Ms. Ellen Ganley                                                                                                                
4454 Chena Hot Springs Rd.                                                                                                      
Fairbanks, AK  99712                                                                                                            
                                                                                                                                
Mr. Tom Walker                                                                                                                  
PO Box 1048                                                                                                                     
Seward, AK   99603                                                                                                              
                                                                                                                                
Ms. Blair Marcotte                                                                                                              
PO Box 82785                                                                                                                    
Fairbanks, AK  99708                                                                                                            
                                                                                                                                
Mr. Raymond Smith                                                                                                               
4020 Dale St. #1                                                                                                                
Anchorage, AK  99508                                                                                                            
                                                                                                                                
Ms. Marcia Davis                                                                                                                
6431 Regent Drive                                                                                                               
Anchorage, AK  99504                                                                                                            
                                                                                                                                
Mr. D. Lance Mearig                                                                                                             
PO Box 34752                                                                                                                    
Juneau, AK  99803                                                                                                               
                                                                                                                                
Mr. James Rothmeyer                                                                                                             
4001 Geist Rd. Suite 7                                                                                                          
Fairbanks, AK  99709                                                                                                            
                                                                                                                                
Ms. Roberta Rawcliffe                                                                                                           
PO Box 623                                                                                                                      
Palmer, AK  99645                                                                                                               
                                                                                                                                
Mr. James Hage                                                                                                                  
711 Gaffney Road                                                                                                                
Fairbanks, AK  99708                                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-19, SIDE A                                                                                                              
Number 001                                                                                                                      
                                                                                                                                
CHAIRMAN MACKIE called the Senate Labor and Commerce Committee                                                                  
meeting to order at 1:40 p.m.  Present were Senators Tim Kelly,                                                                 
Dave Donley, and Chairman Mackie.  The first order of business to                                                               
come before the committee was SB 71.                                                                                            
                                                                                                                                
               SB  71-PHYSICIAN LICENSURE CHANGES                                                                               
                                                                                                                                
SENATOR KELLY noted that the Alaska Medical Board's concerns with                                                               
SB 71 have been addressed in the proposed committee substitute.  He                                                             
moved to adopt CSSB 71(L&C) in lieu of the original bill.  There                                                                
being no objection, the motion carried.                                                                                         
                                                                                                                                
SENATOR KELLY moved CSSB 71(L&C) from committee with individual                                                                 
recommendations.  There being no objection, the motion carried.                                                                 
                                                                                                                                
                     CONFIRMATION HEARINGS                                                                                      
                                                                                                                                
ED FLANAGAN, Commissioner-Designee of the Department of Labor,                                                                  
stated as Deputy Commissioner of the Department of Labor for the                                                                
past four years, he has enjoyed working with legislators.  He                                                                   
believes it is a great responsibility and privilege to take on the                                                              
job of Commissioner and that his diverse background will serve as                                                               
good preparation for the challenges he will face in that position.                                                              
MR. FLANAGAN thanked committee members for their cooperation on SB
50.                                                                                                                             
                                                                                                                                
GERALD NEWTON made the following comments via teleconference from                                                               
Fairbanks.  After being discharged from the Department of Labor, he                                                             
filed a retaliatory discharge complaint with the U.S. Department of                                                             
Labor.  After two years, he agreed to an out-of-court settlement.                                                               
He informed committee members he filed his complaint with the U.S.                                                              
Department of Labor because he did not believe he would get just                                                                
treatment from Local 71 since the Department of Labor has many                                                                  
union employees.  He asked that legislators investigate his case                                                                
before Mr. Flanagan is confirmed.                                                                                               
                                                                                                                                
Number 116                                                                                                                      
                                                                                                                                
CHAIRMAN MACKIE asked Mr. Newton to send committee members a letter                                                             
documenting his concerns.                                                                                                       
                                                                                                                                
SENATOR KELLY asked Mr. Newton why his case continued after he                                                                  
settled out of court.  MR. NEWTON replied that his case has                                                                     
terminated but that one condition of the settlement was that he                                                                 
never apply for a job with the Department of Labor again.  He                                                                   
stated he was able to prove that his discharge was a retaliatory                                                                
act by the Department of Labor.                                                                                                 
                                                                                                                                
CHAIRMAN MACKIE asked Mr. Newton to indicate in his letter whether                                                              
his concern is with the performance of Mr. Flanagan as                                                                          
Commissioner, or with Local 71.                                                                                                 
                                                                                                                                
Number 145                                                                                                                      
                                                                                                                                
MR. JOE TRACANNA, an electrician, made the following comments via                                                               
teleconference.  When the electricians' union considers new                                                                     
appointments, it looks for an individual who is willing to make a                                                               
commitment to uphold the laws passed by the Legislature.  The                                                                   
Legislature has given the Commissioner of the Department of Labor                                                               
the ultimate authority to ensure that the National Electrical Code                                                              
is followed.  The Department of Labor must protect the environment,                                                             
worker health and safety, and laws.                                                                                             
                                                                                                                                
CHAIRMAN MACKIE asked Mr. Tracanna if he had any comments to make                                                               
specific to Mr. Flanagan.  MR. TRACANNA said he did not.                                                                        
                                                                                                                                
Number 191                                                                                                                      
                                                                                                                                
ELLEN GANLEY, Alcohol Beverage Control Board (ABC) member for four                                                              
years and current vice-chair, stated the ABC board has made a                                                                   
commitment to listen to communities about what they want in their                                                               
communities regarding liquor licenses.  She hopes to be reappointed                                                             
to the ABC Board so that she can continue working in that                                                                       
direction.                                                                                                                      
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
TOM WALKER, appointee to the ABC Board, stated his resume was made                                                              
available to committee members and that he was available to answer                                                              
questions.                                                                                                                      
                                                                                                                                
Number 207                                                                                                                      
                                                                                                                                
BLAIR MARCOTTE stated she is a nominee for reappointment to the                                                                 
Alaska Labor Relations Agency and is pleased about Ed Flanagan's                                                                
confirmation.  She noted the Alaska Labor Relations Agency has had                                                              
a tough year because of many staffing transitions, and although                                                                 
serving on its board is a large amount of work, she believes in the                                                             
agency's mission and will continue to volunteer if reappointed.                                                                 
                                                                                                                                
RAYMOND SMITH, nominee for the Alaska Labor Relations Agency,                                                                   
stated he has found it to be a pleasure to serve on, and work with,                                                             
the board, and he would be pleased to continue to do so.                                                                        
                                                                                                                                
Number 228                                                                                                                      
                                                                                                                                
MARCIA DAVIS, public member nominee to the Board of Registration                                                                
for Architects, Engineers, and Land Surveyors, stated, via                                                                      
teleconference, she has served as the public member for the past 2+                                                             
years.  As a lawyer by training, she has been able to assist the                                                                
board with legal drafting. and she would appreciate the opportunity                                                             
to continue to serve.                                                                                                           
                                                                                                                                
LANCE MEARIG, nominee to the Board of Registration for Architects,                                                              
Engineers, and Land Surveyors, stated he submitted a resume for                                                                 
review by committee members and was available to answer questions.                                                              
                                                                                                                                
Number 250                                                                                                                      
                                                                                                                                
JAMES ROTHMEYER stated he looks forward to working with the Board                                                               
of Dispensing Opticians.                                                                                                        
                                                                                                                                
ROBERTA RAWCLIFFE also stated she looks forward to working on the                                                               
Board of Dispensing Opticians if so confirmed.                                                                                  
                                                                                                                                
Number 270                                                                                                                      
                                                                                                                                
JAMES HAGE, nominee to the Alaska Board of Marine Pilots, stated he                                                             
has attended one meeting of the Board of Marine Pilots so far and                                                               
looks forward to working with the board.                                                                                        
                                                                                                                                
DOROTHY BRADSHAW, nominee to the Workers' Compensation Board,                                                                   
stated she submitted a detailed resume to committee members and was                                                             
available to answer questions.                                                                                                  
                                                                                                                                
DAVE GRAY, committee aide, informed committee members Mr. Piekarski                                                             
and Mr. Ulmer were unable to be present for today's hearing.                                                                    
                                                                                                                                
There being no further testimony, CHAIRMAN MACKIE announced the                                                                 
committee would forward the letter of confirmation to the full                                                                  
Senate for action at the appropriate time.  He thanked participants                                                             
and adjourned the meeting at 2:03 p.m.                                                                                          

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