Legislature(1995 - 1996)
02/20/1996 01:45 PM Senate L&C
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SENATE LABOR AND COMMERCE COMMITTEE
February 20, 1996
1:45 P.M.
MEMBERS PRESENT
Senator Tim Kelly, Chairman
Senator John Torgerson, Vice Chairman
Senator Mike Miller
Senator Jim Duncan
Senator Judy Salo
MEMBERS ABSENT
All Present
COMMITTEE CALENDAR
SENATE BILL NO. 197
"An Act prohibiting increases in health insurance premiums if the
insured is a victim of domestic violence."
SENATE BILL NO. 119
"An Act requiring conciliation panel review in a civil action
against an architect, engineer, or land surveyor; and providing for
an effective date."
SENATE BILL NO. 43
"An Act relating to membership on the Board of Registration for
Architects, Engineers, and Land Surveyors; relating to registration
by the board; clarifying the meaning of practicing or offering to
practice architecture, engineering, or land surveying; deleting
teachers of post secondary land surveying courses from a
registration exemption; and amending the definition of 'practice of
land surveying.'"
SENATE BILL NO. 202
"An Act relating to the State Board of Registration for Architects,
Engineers, and Land Surveyors."
PREVIOUS SENATE COMMITTEE ACTION
SB 197 - See Labor and Commerce minutes dated 2/15/96.
SB 119 - See Labor and Commerce minutes dated 1/11/96.
SB 43 - See Labor and Commerce minutes dated 3/7/95.
SB 202 - See Senate Labor and Commerce Committee minutes dated
1/18/96.
WITNESS REGISTER
Mary Vollendorf, Legislative Aide
% Senator Loren Leman
State Capitol Bldg.
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on SB 119.
Catherine Reardon, Director
Division of Occupational Licensing
Department of Commerce and Economic Development
P.O. Box 110806
Juneau, AK 99811-0806
POSITION STATEMENT: Neutral position on SB 119.
Senator Loren Leman
State Capitol Bldg.
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of SB 43.
Mike Taurianian
Kenai, AK
POSITION STATEMENT: Supported concept of SB 43.
Barbara Hufftuckness
Teamsters Local 959
306 Willoughby
Juneau, AK 99801
POSITION STATEMENT:
Merle Jantz, Vice Chairman
AELS Board
1077 Vincent Ct.
North Pole, AK 99705
POSITION STATEMENT: Supported SB 43.
Sharon Macklin
Alaska Professional Design Council
315 5th Ste., #8
Juneau, AK 99801
POSITION STATEMENT: Commented on SB 43.
ACTION NARRATIVE
TAPE 96-13, SIDE A
Number 001
SL&C 2/20/96
SB 197 INSURANCE FOR DOMESTIC VIOL. VICTIMS
CHAIRMAN KELLY called the Senate Labor and Commerce Committee
meeting to order at 1:45 p.m. and announced SB 197 to be up for
consideration.
SHERMAN ERNOUF, Legislative Aide to Senator Kelly, said there was
no opposition to the CS.
SENATOR DUNCAN moved to adopt the CS to SB 197. There were no
objections and it was so ordered.
SENATOR DUNCAN moved to pass CSSB 197 (L&C) from Committee with
individual recommendations. There were no objections and it was so
ordered.
SL&C 2/20/96
Number 50
SB 119 MANDATORY MEDIATION/DESIGN PROF LAWSUITS
SENATOR KELLY announced SB 119 to be up for consideration.
SENATOR DUNCAN asked who the parties were involved in drafting the
legislation. MR. ERNOUF replied Senator Leman, Colin Maynard,
design professionals, and the court system. He had heard no
objections from trial attorneys.
SENATOR LEMAN explained that one change in the CS is that an issue
goes to the panel before it is filed in court. The other is that
each party puts up $450 which pays for the cost of the panelists.
It is consistent with the model law the American Consulting
Engineers Counsel has been using in other states.
MARY VOLLENDORF, Legislative Aide to Senator Leman, explained that
there was no cost to the State and that $450 would be put up front
by each of the parties and depending on the outcome, the parties
would pay the remaining cost to the panel.
CATHERINE REARDON, Director, Occupational Licensing, commented that
the Department of Law testified on a similar bill and had some
legal concerns. From her point of view the bill is fiscally
neutral. She said that it would be her Division's responsibility
to choose a chairperson and it would then be his responsibility to
choose the other two members of the panel. She questioned whether
it would be possible to find attorneys for $300 per panel, but she
said her Division could administer it.
SENATOR KELLY asked if this bill was legal. MS. REARDON replied
that she thought it was legal for the State to pay initially and
then be reimbursed from program receipts. It wasn't one of the
issues raised by the Attorney General's Office.
SENATOR DUNCAN asked how the State would collect if someone refused
to pay. MS. REARDON replied that in the other bill, not paying
after the fact would be grounds for discipline of a licensee and
she referred to the language on page 7, line 12 which said further
that if a claimant fails to deposit funds required, the Department
would impose a civil penalty of $1,000 against the claimant. She
assumed the State would have to go to court to collect in most
cases.
SENATOR DUNCAN said he would like to see comments from the
Department of Law in writing.
Number 175
SENATOR KELLY asked if she supported the CS. MS. REARDON replied
that she was neutral.
SENATOR SALO questioned whether the statute of limitations language
was new on page 7. SENATOR LEMAN replied that language was not in
the original bill. SENATOR SALO asked what it meant. SENATOR
LEMAN answered that it extends the statute of limitations until 30
days after the date of the decision of the panel, but it can't stop
for more than six months. This is so that it can't be used to let
the statute of limitations run out.
MS. VOLLENDORF said the statute of limitations language was from
model legislation and Mike Ford, Legislative Legal Counsel, had
explained that depending on whether it was contractual or tort, the
statute of limitations would be stopped until the decision of the
panel was reached. There would be 30 days after the panel made its
decision to either file a claim in court or if the decision had not
been made within six months, the statute of limitations would start
running again.
SENATOR KELLY stated that they were waiting to hear from the
Department of Law and said they would set the bill aside.
SL&C 2/20/96
SB 43 ARCHITECTS, ENGINEERS, LAND SURVEYORS
SENATOR KELLY announced SB 43 to be up for consideration. He said
he heard of an additional problem that had just come up.
SENATOR LEMAN, sponsor of SB 43, said one of the differences in the
"f" version and the bill they heard last year was in section 1.
Last year the Board requested flexibility for "a governor's
appointment of an engineer" and that had been changed to "two civil
engineers, and the three other engineering positions would be
selected from other branches of the profession. The mining
engineers who are currently named in statute objected. As an
alternative the bill offers to say that one engineer be selected
from mining, chemical, or petroleum engineering, the three smallest
categories, as opposed to electrical, mechanical, and civil. This
would assure that at all times there would be a mining, chemical,
or petroleum engineer on the Board.
The other change, SENATOR LEMAN said, is in section four, which
Senator Duncan had suggested, to provide for a retired status
registration. It would not authorize practice, but would enable
retired engineers to have a procedure whereby they could become
active, if they wanted to. He thought that reflected well on the
many engineers who have retired in this State who would like to
maintain their license without necessarily paying the full fee each
year.
Version "g" is different only in section 1 which is deleted.
SENATOR LEMAN said it has been increasingly difficult, because of
the small category of mining engineers, to find someone who is
willing and able to serve. He said the Board spends a lot of time
reviewing applications for registration and it leaves the smallest
category with a mining engineer with the least amount of work to
do, because there aren't that many new people applying for
registration in mining engineering. There are many in the
categories of civil, mechanical, and electrical.
Number 300
SENATOR KELLY asked the Committee if they had a version preference.
SENATOR MILLER said he preferred the "g" version.
SENATOR KELLY asked if there were any other changes from the
original bill in the "g" version. SHERMAN ERNOUF, Legislative Aide
to Senator Tim Kelly, said the "Duncan amendment" was the only one.
SENATOR SALO asked what was the composition of the panel. SENATOR
LEMAN replied that it would be one person who is experienced in the
settlement of disputes, one attorney, and one professional
architect, engineer, or land surveyor.
SENATOR SALO asked, regarding section 4, if the retired status
people with a license for a continuing practice, could serve on the
panel. SENATOR LEMAN said he didn't think so the way the bill is
currently written. SENATOR SALO remarked that they would probably
be very good to serve on a panel. SENATOR LEMAN agreed saying he
would want to look at that further, but thought that they should
have had to practice in Alaska before serving.
Number 338
SENATOR MILLER moved to adopt the version "g" committee substitute.
There were no objections and it was so ordered.
SENATOR DUNCAN asked for clarification on how the committee
substitute was different other than the retired status. SENATOR
LEMAN replied that sections 1 and 2 are revisor's changes. Section
4 is the insertion of the word "or" on page 3, line 2. The
Department of Law said it is difficult to enforce the Board's
statutes without that word unless a person violates all three of
the provisions.
Section 5 was brought to the Board by the land surveyors. It takes
out the exemption of land surveying teaching in a post secondary
educational institution. The institution would have to have a
registered land surveyor. They need this to elevate the status of
land surveying. There are also some definition changes in the
practice of land surveying that bring it more up to date with
current practice.
Number 369
MIKE TAURIANIAN, Soldotna, said he supported the concept of the
bill. His concern was the small number of mining engineers to pick
from, roughly five percent of all engineers, and the difficulty in
not only getting someone to serve, but in providing geographical
distribution. Electrical and mechanical engineers are about 33
percent of the total. So he requested restoring that language,
dropping mining engineer and adding "three engineers from other
branches of the profession of engineering."
SENATOR KELLY said this committee had already made a policy call on
that language, but this bill will go through several more
committees and he would have an opportunity to address that issue
again.
MR. TAURIANIAN said he supported the retired status and he hoped
language would be adopted regarding the engineers who come to
Alaska and retire without working here first.
Number 406
MERLE JANTZ, Vice Chairman, AELS Board, said they recently voted
unanimously to support SB 43. He said he was very glad they are
looking at the retired status issue.
Regarding section 1, he felt that they need the expertise while
reviewing applications. SENATOR KELLY explained they had already
made that policy call and he could testify on that issue in the
next committee of referral.
SHARON MACKLIN, Alaska Professional Design Council, said there has
been a concern raised having to do with the land surveying issue.
SENATOR DUNCAN questioned language in section 1 of "g". SENATOR
LEMAN noted that the other section was the one he considered to be
a revisor's section, because it was referring to an entity that
doesn't exist anymore. He wanted to hear what the Board wanted to
do to establish evidence of practice for registration. He thought
it would be consistent with some of the changes in sections 5 and
6 about upgrading the profession of land surveying.
SENATOR KELLY commented that upgrading and closing the door might
be a touchy subject. He asked if by deleting that language,
engineers could be required to have more than eight years
experience before they get a license. SENATOR LEMAN replied that
it would be the equivalent of what the Board requires of other
professions.
SENATOR DUNCAN said he was concerned with the necessity of that
section.
SENATOR KELLY asked if anyone else wanted to testify on this bill.
BARBARA HUFF, Teamsters Local 959, said they have concerns with the
amount of time they are looking at with land surveyors. She
requested that their staff who actually head up the land surveyors
school in Anchorage, a four year program, have an opportunity to
discuss this issue further. Their major concern is the additional
training could negatively impact rural individuals and their
ability to get fully trained or qualified in the field and to be
able to function in that profession.
SENATOR KELLY said he did not want to hold up the bill
unnecessarily, but he wanted to see that question addressed before
the bill left the Committee and said they would hear it again next
Tuesday.
SENATOR DUNCAN noted that they should also look at the retired
status language so people couldn't just move to the State and get
retired status.
SL&C 2/20/06
SB 119 MANDATORY MEDIATION/DESIGN PROF LAWSUITS
SENATOR KELLY announced SB 119 to be before the Committee again.
MS. REARDON said she had called the Assistant Attorney General,
Theresa Williams, who was out of the office. She offered to carry
questions to her or to paraphrase from her notes from the other
hearing.
SENATOR DUNCAN said he would like to have something in writing from
the Department of Laws at some point in the process. SENATOR KELLY
noted that it has a Judiciary Committee referral and since it is
basically a legal question, he wanted to move it on to that
Committee.
SENATOR MILLER moved to pass CSSB 119 (L&C) with individual
recommendations. There were no objections and it was so ordered.
SL&C 2/20/96
SB 202 ARCHITECTS/ENGINEERS/LAND SURVEYORS
SENATOR KELLY announced SB 202 to be up for consideration. He
explained in this bill architect/engineers/land surveyors were
asking for autonomy from the State Occupational Licensing Division.
This has come up with other Boards and Commissions and there is
some reluctance on the part of the State and the Legislature to do
that. However, he thought it was something that need to be looked
into during the interim as he didn't think it would be resolved
right away.
SENATOR KELLY adjourned the meeting at 2:25 p.m.
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