Legislature(1999 - 2000)

05/06/1999 02:20 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                                                                                    
                     May 6, 1999                                                                                                
                      2:20 P.M.                                                                                                 
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Senator Jerry Mackie, Chairman                                                                                                  
Senator Tim Kelly, Vice Chairman                                                                                                
Senator Dave Donley                                                                                                             
Senator Loren Leman                                                                                                             
Senator Lyman Hoffman                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
HOUSE BILL NO. 79                                                                                                               
"An Act relating to letters of credit under the Uniform Commercial                                                              
Code; and providing for an effective date."                                                                                     
                                                                                                                                
     -MOVED HB 79 OUT OF COMMITTEE                                                                                              
                                                                                                                                
CS FOR HOUSE BILL NO. 201(FIN) am                                                                                               
"An Act relating to the computation of overtime; and providing for                                                              
an effective date."                                                                                                             
                                                                                                                                
     -HEARD AND HELD                                                                                                            
                                                                                                                                
HOUSE BILL NO. 208                                                                                                              
"An Act relating to professional counselors; and providing for an                                                               
effective date."                                                                                                                
                                                                                                                                
     -MOVED SCSHB 208(L&C)OUT OF COMMITTEE                                                                                      
                                                                                                                                
CS FOR HOUSE BILL NO. 146(JUD)                                                                                                  
"An Act relating to civil liability for commercial recreational                                                                 
activities; and providing for an effective date."                                                                               
                                                                                                                                
     -MOVED SCSHB 146(L&C) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                                
                                                                                                                                
HB 79 - No previous action to consider.                                                                                         
                                                                                                                                
HB 201 - No previous action to consider.                                                                                        
                                                                                                                                
HB 208 - No previous action to consider.                                                                                        
                                                                                                                                
HB 146 - No previous action to consider.                                                                                        
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
Representative Norm Rokeberg                                                                                                    
Alaska State Capitol                                                                                                            
Juneau, AK 99801-1182                                                                                                           
POSITION STATEMENT: Sponsor of HB 79 and HB 201.                                                                                
                                                                                                                                
Mr. Dwight Perkins, Deputy Commissioner                                                                                         
Department of Labor                                                                                                             
P.O. Box 21149                                                                                                                  
Juneau, AK 99802-1149                                                                                                           
POSITION STATEMENT: Supports HB 201.                                                                                            
                                                                                                                                
Representative Lisa Murkowski                                                                                                   
Alaska State Capitol                                                                                                            
Juneau, AK 99801-1182                                                                                                           
POSITION STATEMENT: Sponsor of HB 208.                                                                                          
                                                                                                                                
Ms. Catherine Reardon, Director                                                                                                 
Division of Occupational Licensing                                                                                              
Department of Commerce and Economic Development                                                                                 
P.O. Box 110806                                                                                                                 
Juneau, AK 99811-0806                                                                                                           
POSITION STATEMENT: Supports HB 208.                                                                                            
                                                                                                                                
Ms. Kelly Sullivan                                                                                                              
Aide to Representative Pete Kott                                                                                                
Alaska State Capitol                                                                                                            
Juneau, AK 99801-1182                                                                                                           
POSITION STATEMENT: Commented on HB 146 for sponsor.                                                                            
                                                                                                                                
Mr. Dave Gray                                                                                                                   
Aide to Senator Jerry Mackie                                                                                                    
Alaska State Capitol                                                                                                            
Juneau, AK 99801-1182                                                                                                           
POSITION STATEMENT: Commented on HB 146.                                                                                        
                                                                                                                                
Mr. Mike Windred                                                                                                                
Alaska Travel Adventures                                                                                                        
9085 Glacier Hwy                                                                                                                
Juneau, AK 99801                                                                                                                
POSITION STATEMENT: Supports HB 146.                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-20, SIDE A                                                                                                              
Number 001                                                                                                                      
                                                                                                                                
        HB 79-UNIFORM COMMERCIAL CODE:LETTERS OF CREDIT                                                                         
                                                                                                                                
CHAIRMAN MACKIE called the Senate Labor and Commerce Committee                                                                  
meeting to order at 2:20 p.m. and announced HB 79 to be up for                                                                  
consideration.                                                                                                                  
                                                                                                                                
REPRESENTATIVE ROKEBERG, sponsor of HB 79, said 40 other states                                                                 
have adopted similar legislation.                                                                                               
                                                                                                                                
SENATOR DONLEY moved to pass HB 79 from committee with individual                                                               
recommendations.  There were no objections and it was so ordered.                                                               
                                                                                                                                
            HB 201-OVERTIME COMPENSATION COMPUTATION                                                                            
                                                                                                                                
CHAIRMAN MACKIE announced HB 201 to be up for consideration.                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERG, sponsor of HB 201, said the bill was                                                                   
drafted in response to a recent reinterpretation of how overtime is                                                             
computed under the Wage and Hour Act.  Judge Weeks in the First                                                                 
Judicial District determined that an individual can be paid twice                                                               
for overtime hours under a pyramid scheme.  For example, if a                                                                   
person worked 11 hours on a Monday and worked eight hours for the                                                               
balance of the week, the person would be paid for three hours of                                                                
overtime on Monday, and three hours of overtime for the week, for                                                               
a total of six hours of overtime.                                                                                               
                                                                                                                                
COMMISSIONER CASHEN, Department of Labor, said the statute has                                                                  
never been interpreted in that way.  The intent of HB 201 is to                                                                 
specifically overturn the intent language so it does not interpret                                                              
commerce and business activity in the State.  It also has a                                                                     
retrospective effect clause under the two year statute of                                                                       
limitations.  The Administration, organized labor, the Chamber of                                                               
Commerce, and every business organization in the State support this                                                             
bill.                                                                                                                           
                                                                                                                                
MR. DWIGHT PERKINS, Department of Labor, testified that this                                                                    
legislation does not change the way overtime has been calculated                                                                
since pre-statehood; it only clarifies current practice in statute.                                                             
                                                                                                                                
CHAIRMAN MACKIE said he has not read the bill yet and wanted to                                                                 
hold it since Labor and Commerce is the only committee of referral.                                                             
                                                                                                                                
                                                                                                                                
CHAIRMAN MACKIE announced HB 208 to be up for consideration.                                                                    
                                                                                                                                
REPRESENTATIVE LISA MURKOWSKI, sponsor, said HB 208 is a                                                                        
housekeeping bill that was requested by the Board of Licensed                                                                   
Professional Counselors and the Counseling Association.  HB 208                                                                 
defines the authority of the Board created in SB 331 last year.  It                                                             
extends by six months the deadline for an individual to qualify to                                                              
become an eligible professional counselor.  She noted that Ms.                                                                  
Reardon would address some amendments.                                                                                          
                                                                                                                                
Number 100                                                                                                                      
                                                                                                                                
MS. CATHERINE REARDON, Division of Occupational Licensing, said the                                                             
first amendment adds to page 2, line 30, the language:                                                                          
                                                                                                                                
      "has not had a license related to the practice of counseling,                                                             
     psychology, marital and family therapy, or social work in this                                                             
     or another jurisdiction suspended, revoked, limited or                                                                     
     surrendered in lieu of discipline unless the license has been                                                              
     fully reinstated in that jurisdiction:".                                                                                   
                                                                                                                                
Under the original bill an individual could not qualify if his/her                                                              
counseling license was suspended or revoked elsewhere.  MS. REARDON                                                             
said, "Since we have a lot of allied mental health professions, we                                                              
didn't think we'd want someone who had their psychology license                                                                 
revoked turning around and becoming a professional counselor any                                                                
more than we wanted to have someone with their professional                                                                     
counselor license revoked coming to Alaska."  The issue is that a                                                               
professional with a particular license could have his/her license                                                               
revoked in one profession and apply for a license in a very similar                                                             
profession.                                                                                                                     
                                                                                                                                
MS. REARDON continued.  New language was added to page 3 that                                                                   
establishes the grounds for discipline or denial.  It provides that                                                             
disciplinary action for other types of mental health licenses is                                                                
grounds for denial or discipline of a counseling license.                                                                       
                                                                                                                                
The last change is not substantive.  The reference to licensed                                                                  
psychiatrists was removed because they are not licensed separately                                                              
from physicians therefore the reference is redundant.                                                                           
                                                                                                                                
Number 222                                                                                                                      
                                                                                                                                
SENATOR KELLY expressed concern that if a person's license was                                                                  
suspended elsewhere and then cleared, but that person chose to move                                                             
to Alaska and get licensed, they could not under these terms                                                                    
because they didn't get relicensed in the former state.                                                                         
                                                                                                                                
MS. REARDON said that is true, but there is a more frequent                                                                     
situation where someone gets into trouble in another state and then                                                             
decides to move to Alaska to avoid a bad reputation.                                                                            
                                                                                                                                
SENATOR KELLY asked why "licensed psychiatrist" was deleted.                                                                    
                                                                                                                                
MS. REARDON explained that licensed psychiatrists were removed from                                                             
the list of professionals who can supervise the training of a                                                                   
professional counselor.  Both licensed physicians and licensed                                                                  
psychiatrists were listed which is redundant because all                                                                        
psychiatrists are physicians.  She suggested removing the word                                                                  
"limited" from the list of things that automatically disqualify an                                                              
applicant from getting a license.   Denial of a license would then                                                              
be an option, not automatic.                                                                                                    
                                                                                                                                
REPRESENTATIVE MURKOWSKI said she had no problem taking it out.                                                                 
                                                                                                                                
SENATOR LEMAN moved to adopt SCSHB 208(L&C) as the working document                                                             
of the committee.  There being no objection, it was so ordered.                                                                 
                                                                                                                                
SENATOR LEMAN moved to insert on page 3, line 11 "or nationally"                                                                
after "regionally."  He explained some institutions have national                                                               
accreditation but not regional accreditation. The Alaska Commission                                                             
on Postsecondary Education treats them equally in regard to student                                                             
loans.  He noted that would be consistent with previous legislative                                                             
action.  There being no objection, it was so ordered.                                                                           
                                                                                                                                
SENATOR LEMAN moved to pass SCSHB 208(L&C) from committee with                                                                  
individual recommendations.  There were no objections and it was so                                                             
ordered.                                                                                                                        
                                                                                                                                
         HB 146-LIABILITY FOR COMMERCIAL REC ACTIVITIES                                                                         
                                                                                                                                
CHAIRMAN MACKIE announced HB 146 to be up for consideration.                                                                    
                                                                                                                                
MS. KELLY SULLIVAN, staff to Representative Kott, sponsor of HB
146, said the bill addresses specific guidelines for operators of,                                                              
and participants in, outdoor recreation activities to minimize the                                                              
possibility of accidents and, should an accident occur, the bill                                                                
helps determine who will held liable for the accident.                                                                          
                                                                                                                                
MS. SULLIVAN stated existing legal uncertainties have resulted in                                                               
high liability insurance costs which hurt small Alaskan businesses.                                                             
Representative Kott does not want to lose these businesses and he                                                               
wants to avoid frivolous, unfair, and unreasonable lawsuits.                                                                    
                                                                                                                                
MR. DAVE GRAY, staff to Senator Mackie, noted the legislative                                                                   
drafter suggested adding a reference to AS 05.50.040 on page 3,                                                                 
line 11, to clarify the issue.                                                                                                  
                                                                                                                                
SENATOR LEMAN moved to adopt SCSHB 146(L&C).  There being no                                                                    
objections, it was so ordered.                                                                                                  
                                                                                                                                
MR. MIKE WINDERD, Alaska Travel Adventures and president of the                                                                 
local AVA chapter, said this is a very important subject to the                                                                 
visitor industry as a whole.  They have polled different business                                                               
organizations, including ARDA and a number of AVA chapters which                                                                
represent 95 percent of the recreational businesses in the State,                                                               
and they support this bill. SCSHB 146(L&C) sets out some of the                                                                 
responsibilities of the participants on a tour and sets a higher                                                                
standard for operators of recreational tours.  The primary concern                                                              
of businesses is nuisance lawsuits that usually equal the cost of                                                               
an insurance deductible and can be numerous and add up.                                                                         
                                                                                                                                
Number 390                                                                                                                      
                                                                                                                                
SENATOR KELLY moved to pass SCSHB 146(L&C) as amended from                                                                      
committee with individual recommendations. There were no objections                                                             
and it was so ordered.                                                                                                          
                                                                                                                                
CHAIRMAN MACKIE announced that the committee would take up the                                                                  
confirmation of the Commissioner of Labor, and the confirmation of                                                              
the nominees for: the Alcohol Beverage Contol Board; the Labor                                                                  
Relations Agency; the State Board of Registration for Architects,                                                               
Engineers and Land Surveyors; the Board of Chiropractic Examiners;                                                              
the Board of Dispensing Opticians; the Board of Marine Pilots; the                                                              
Board of Certified Real Estate Appraisers; the Board of Veterinary                                                              
Examiners; the Board of Workers' Compensation; and the Real Estate                                                              
Commission.                                                                                                                     
                                                                                                                                
SENATOR KELLY moved to forward the names for consideration to the                                                               
joint session.  SENATOR LEMAN objected to say he did not intend to                                                              
vote for everyone.  He then removed his objection.  There being no                                                              
further objection, the motion passed.                                                                                           
                                                                                                                                
Number 409                                                                                                                      
                                                                                                                                
There being no further business to come before the committee,                                                                   
CHAIRMAN MACKIE adjourned the meeting at 2:47 p.m.                                                                              

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