Legislature(2013 - 2014)BELTZ 105 (TSBldg)
02/11/2014 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB167 | |
| SB163 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 167 | TELECONFERENCED | |
| *+ | SB 163 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
February 11, 2014
1:31 p.m.
MEMBERS PRESENT
Senator Mike Dunleavy, Chair
Senator Peter Micciche, Vice Chair
Senator Donald Olson
Senator Bert Stedman
Senator Johnny Ellis
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 167(RLS)
"An Act relating to the regulation of architects, engineers,
land surveyors, and landscape architects."
- HEARD & HELD
SENATE BILL NO. 163
"An Act relating to the education and employment of individuals
with disabilities."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 167
SHORT TITLE: ARCHITECTS, ENGINEERS, SURVEYORS
SPONSOR(s): LABOR & COMMERCE
03/15/13 (H) READ THE FIRST TIME - REFERRALS
03/15/13 (H) L&C
03/29/13 (H) L&C AT 3:15 PM BARNES 124
03/29/13 (H) Moved Out of Committee
03/29/13 (H) MINUTE(L&C)
04/01/13 (H) L&C RPT 3DP 2NR
04/01/13 (H) DP: SADDLER, JOSEPHSON, OLSON
04/01/13 (H) NR: CHENAULT, REINBOLD
04/09/13 (H) RLS TO CALENDAR PENDING REPORT
04/09/13 (H) IN RULES
04/09/13 (H) RLS RPT CS(RLS) 3DP 3NR
04/09/13 (H) DP: OLSON, GRUENBERG, JOHNSON
04/09/13 (H) NR: HERRON, CHENAULT, HAWKER
04/09/13 (H) TRANSMITTED TO (S)
04/09/13 (H) VERSION: CSHB 167(RLS)
04/09/13 (H) RLS AT 9:30 AM CAPITOL 120
04/09/13 (H) Moved CSHB 167(RLS) Out of Committee
04/09/13 (H) MINUTE(RLS)
04/10/13 (S) READ THE FIRST TIME - REFERRALS
04/10/13 (S) L&C
02/11/14 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 163
SHORT TITLE: EMPLOYMENT OF PERSONS WITH DISABILITIES
SPONSOR(s): MCGUIRE
02/07/14 (S) READ THE FIRST TIME - REFERRALS
02/07/14 (S) EDC
02/10/14 (S) L&C REFERRAL ADDED BEFORE EDC
02/11/14 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
ANNA LATHAM, Staff
Representative Kurt Olson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced HB 167 on behalf of the sponsor.
DALE NELSON, Chair
Liaison Committee
Alaska Professional Design Council(APDC)
Anchorage, Alaska
POSITION STATEMENT: Stated support for HB 167 on behalf of APDC.
HARLEY HIGHTOWER, Architect
Anchorage, Alaska
POSITION STATEMENT: Stated support for HB 167.
GENEVIEVE WOJTUSIK, Staff
Senator Lesil McGuire
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SB 163 on behalf of the sponsor.
CATHERINE A. BABUSCIO, Human Resources Director
Mat-Su Regional Medical Center (MSRMC)
Palmer, Alaska
POSITION STATEMENT: Testified in support of SB 163.
LES MOORSE, Deputy Commissioner
Department of Education and Early Development (DEED)
Juneau, Alaska
POSITION STATEMENT: Answered questions about the DEED fiscal
note for SB 163.
POSIE BOGGS, representing herself, said she believes that SB 163
has good intent, but the unintended effect is harmful.
POSITION STATEMENT: Warned
RIC NELSON, representing himself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 163.
ERIC YANUSZ, representing himself
Palmer, Alaska
POSITION STATEMENT: Testified in support of SB 163.
LUANN YANUSZ, representing herself
Palmer, Alaska
POSITION STATEMENT: Testified in support of SB 163.
ART DELAUNE, representing himself
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 163.
MILLIE RYAN, Executive Director
Reach Inc.
Juneau, Alaska
POSITION STATEMENT: Testified in strong support of SB 163 on
behalf of Reach.
ACTION NARRATIVE
1:31:07 PM
CHAIR MIKE DUNLEAVY called the Senate Labor and Commerce
Standing Committee meeting to order at 1:31 p.m. Present at the
call to order were Senators Stedman, Ellis, Micciche, and Chair
Dunleavy. Senator Olson arrived during the course of the
meeting.
HB 167-ARCHITECTS, ENGINEERS, SURVEYORS
1:31:53 PM
CHAIR DUNLEAVY announced the consideration of HB 167. "An Act
relating to the regulation of architects, engineers, land
surveyors, and landscape architects." [CSHB 167(RLS) was before
the committee.]
ANNA LATHAM, Staff, Representative Kurt Olson, sponsor of HB
167, explained that the bill clarifies statutory language and
intends to prevent the misuse of professional seals. She
provided a sectional analysis.
Section 1 amends AS 08.48.221 and requires registrants to sign
the seal on documents. It deletes language that allows the
registrant to certify on the face of the document the extent of
the registrant's responsibility.
Section 2 adds a new subsection to AS 08.48.221 that requires
documents containing the work of multiple fields of practice to
be sealed and signed by a registrant in each of the fields
covered by the document.
Section 3 adds "architect, land surveying, or landscape
architecture" to this section wherever "engineering" appears. It
adds language to the exceptions regarding revegetation or
placement of plant material to require a board determination
that the action does not affect the public health, safety, or
welfare.
Section 4 adds definitions for "design of minor importance,"
"shop drawing" and "field drawing."
She pointed out that the proposed changes were brought forward
by the Architects, Engineers and Land Surveyors (AELS) Board.
She explained that one of the purposes of a professional
licensing board is to take into account the concerns of its
licensees and serve as a conduit for bringing those concerns to
the attention of the legislature. She highlighted that while
most registrants work within their field of expertise, current
statutes allow a crossover of disciplines and, therefore, the
misuse of seals.
MS. LATHAM explained that the statute was intended to allow
multiple engineering disciplines to stamp a drawing and indicate
the portion for which they were responsible. However, this has
been exploited or misinterpreted to allow designers to opt out
of taking responsibility for large portions of their work. This
has resulted in building code violations that are costly and
time consuming for the board and harmful to public health and
safety. She noted that the AELS Board added 490 new licensees to
its oversight in 2012 and, with that increase, it's an opportune
time to clean up the statutes.
1:35:00 PM
MS. LATHAM said that the only change between the original bill
and the committee substitute (CS) is found in Section 3. The
AELS Board suggested on page 3, line 14, changing the exemption
from four to three residential units. Contractors were opposed
to this change and the sponsor decided to offer an amendment to
revert to the language currently in statue. Under current
statute, an architect's stamp is only required on fiveplexes and
larger.
1:37:12 PM
ERIC ERICKSON, Chair, Architects, Engineers, Land Surveyors
Board, introduced himself.
1:37:46 PM
DALE NELSON, Chair, Liaison Committee, Alaska Professional
Design Council(APDC), Anchorage, Alaska, stated support for HB
167 on behalf of APDC.
1:38:12 PM
CHAIR DUNLEAVY opened public testimony.
1:38:25 PM
HARLEY HIGHTOWER, Architect, Anchorage, Alaska, said he served
eight years on the AELS Board, seven of which were spent on the
enforcement investigative committee. He stated that the
revisions in HB 167 address issues that were continually before
the committee. Generally, they clarify the intent of the
statutes.
1:39:39 PM
SARA CHAMBERS, Administrative Operations Manager, Corporations,
Business and Professional Licensing Division, Department of
Commerce, Community and Economic Development (DCCED), said she
was available to answer questions.
1:40:08 PM
CHAIR DUNLEAVY stated that he would keep public testimony open
and hold HB 167 in committee for further consideration.
1:40:19 PM
At ease.
SB 163-EMPLOYMENT OF PERSONS WITH DISABILITIES
1:41:40 PM
CHAIR DUNLEAVY reconvened the meeting and announced the
consideration of SB 163. "An Act relating to the education and
employment of individuals with disabilities."
1:41:48 PM
GENEVIEVE WOJTUSIK, Staff, Senator Lesil McGuire, sponsor of SB
163, stated that this is the companion to HB 211. She explained
that SB 163 essentially makes Alaska an Employment First State.
This is a national movement for states to conform the agencies
and departments that provide services to persons with
disabilities with the objective that these individuals will have
preferred outcomes and become gainfully employed after high
school. This would include everything from educational policy to
the way that jobs services are provided through the departments.
Section 1 requires the Department of Education and Early
Development (DEED) to report annually to the Mental Health Trust
Authority on the progress of school districts toward the
objective of AS 14.30.278(b).
Section 2 adds a new subsection AS 14.30.278(b) that requires
school districts, when providing services to children with
disabilities who are over 15 years of age, to make it their
primary objective to help those children become gainfully
employed in an integrated workplace.
Sections 3, 4, and 5 have the same aspirational language
embedded in the requisite titles for the Department of Labor and
Workforce Development (DOLWD) and the Department of Health and
Social Services (DHSS).
SB 163 has four fiscal notes, three of which are zero. The
sponsor is working with DEED on a committee substitute (CS) to
add the process to an existing program, which would reduce the
$100,000 fiscal note substantially.
1:43:41 PM
SENATOR STEDMAN asked how many states have adopted similar
legislation.
MS. WOJTUSIK offered to follow up with the exact number.
SENATOR MICCICHE read from a document in the packet that says
that 26 states have something akin to an official Employment
First policy and that 15 states have a policy directive.
CHAIR DUNLEAVY asked if there are potential problems mandating
that workplace fitness become the primary objective.
MS. WOJTUSIK said she didn't believe so.
CHAIR DUNLEAVY asked if this could take resources away from
those that may not be on a career path.
MS. WOJTUSIK said she didn't believe so.
CHAIR DUNLEAVY asked if this might lead to other programs
soliciting individuals that are most likely to enter workplace
for the purpose of becoming more competitive for funding.
MS. WOJTUSIK deferred to the Department of Education and Early
Development.
SENATOR MICCICHE asked if the bill has an education referral.
MS. WOJTUSIK answered yes.
1:45:59 PM
SENATOR OLSON joined the committee.
CATHERINE A. BABUSCIO, Human Resources Director, Mat-Su Regional
Medical Center (MSRMC), Palmer, Alaska, testified in support of
SB 163. She explained that Project Search is a business-led
vocational program for adult students age 18-22 who experience
disabilities. These students explore careers and develop
transferable job skills with the goal of becoming independent
adults who find employment in their community. The program is a
collaborative agreement between the Mat-Su Borough School
District, the hospital, the Governor's Council on Disabilities
and Special Education and the Division of Vocational
Rehabilitation (DVR).
MR. BABUSCIO reported that, in three completed programs, 100
percent of the students are employed in the community receiving
an average wage of more than $13/hour. Twenty percent of those
students found employment at the Mat-Su Regional Medical Center.
She described these dedicated and skilled workers as a benefit
to the hospital.
1:47:42 PM
LES MOORSE, Deputy Commissioner, Department of Education and
Early Development (DEED), said he was available to answer
questions on the bill and the potential reduction to the fiscal
note if the bill is amended.
CHAIR DUNLEAVY asked him to discuss the fiscal note in the
packet.
MR. MOORSE explained that the bill, in Section 2 on page 2,
subsection (c), requires DEED to collect more detailed
information regarding gainful employment than it currently
collects. To meet this new reporting requirement DEED submitted
a fiscal note indicating it would cost $100,000 in FY15 and
$45,000 for the next three years. He explained that the initial
cost is due to programing software and technical assistance to
districts to collect the additional data. He noted that another
difficulty is that only 50 percent of former students are
responding to the surveys asking about their employment status.
Additional resources may be needed to increase that response
rate, but DEED is looking at whether it can be done with current
resources.
If the language in the bill is amended, DEED would be able to
reduce the fiscal note to $45,000; the department is
investigating whether it could use current resources and zero
the fiscal note, he said.
SENATOR MICCICHE noted that the Department of Administration
(DOA), the Department of Labor and Workforce Development (DOLWD)
and the Department of Health and Social Services (DHSS)
submitted zero fiscal notes, but DEED anticipates it will need
additional funding to meet the new reporting requirements.
MR. MOORSE said the issue is that the bill asks for information
about wages and wages relative to other employed former students
and DEED currently only collects data about employment status.
The department would need to make adjustments to its collection
system in order to collect this additional data.
1:51:49 PM
CHAIR DUNLEAVY opened public testimony.
1:51:57 PM
POSIE BOGGS, representing herself, said she believes that SB 163
has good intent, but the unintended effect is harmful. The
language on [page 1,] lines 10-15, says that for a child with a
disability who is over 15 years of age, the school's primary
objective and preferred outcome would be to help the child get a
job. She said her son would have gotten that direction when he
went to his Individualized Education Program (IEP) meeting at
age 15 and it wouldn't have been appropriate. Today he's an
engineer. She pointed out that the primary objective and
preferred outcome for her son at age 15, 16, and 17 was not to
get a job, but rather to go to college or trade school.
MS. BOGGS asked if the language couldn't be narrowed so that
students headed to college or trade school aren't mistakenly
told that the district's preferred outcome is for them to get a
job.
1:56:01 PM
RIC NELSON, representing himself, Anchorage, Alaska, stated that
he is the Chair of the Governor's Council on Disabilities and
Special Education. He explained that he is 30 years old, is an
individual with cerebral palsy and has worked many different
jobs. He offered his belief that SB 163 would give people the
freedom and opportunity to select a job that they like no matter
what their education is. He said he has a bachelor's degree in
business administration and is working on a master's in public
administration. After attaining a master's degree he said he
would like to open a business that helps people with
disabilities so they can have a successful life and career and a
bright future.
SENATOR MICCICHE told Mr. Nelson that he's an inspiration and
someone that Alaskans can look up to.
SENATOR STEDMAN told Mr. Nelson that he has come to appreciate
his testimony more each year.
2:00:51 PM
ERIC YANUSZ, representing himself, Palmer, Alaska, testified in
support of SB 163. He stated that he works at the Mat-Su
Regional Medical Center. He explained his duties on rotation in
day surgery and food service. For the third rotation he looks
forward to having a paying job.
LUANN YANUSZ, representing herself, Palmer, Alaska, introduced
herself as Eric's parent. She said that any parent wants their
child to be independent, healthy, happy and able to support
him/herself, but when your child has a disability and doesn't
receive a high school diploma there is a lot of uncertainty. She
explained that through Project Search and the Mat-Su School
District, Eric has learned to follow directions, work ethics,
employer expectations for attendance and communication and how
to show initiative on a job. At the end of the program the hope
is that he will transition into a job and continue the routine
of working in a job. She continued to explain that some of the
skills that Eric has learned through work include independence,
self-esteem and self-worth. She expressed hope that he will have
a long and successful working experience in Alaska. Responding
to a question, she confirmed that she supports SB 163.
2:04:11 PM
ART DELAUNE, representing himself, Fairbanks, Alaska, said he is
a member of the Governor's Council on Disabilities and Special
Education, but is speaking as a parent. He explained that his
two sons have been diagnosed with Fetal Alcohol Spectrum
Disorder and both have developmental disabilities. He relayed
that it took his youngest son six years to graduate from high
school with a diploma. At age 17 he went to the Division of
Vocational Rehabilitation (DVR) to learn about opportunities in
the workplace. He didn't like the initial suggestions and was
finally able to become a part of the new Discovery Project. He
started his work experience at Fred Meyer and his aspiration is
to become integrated as a full-time employee who earns the same
wage as any person with entry level skills. His feels good about
himself and has set a personal goal to get off of public
benefits and pay his own way.
MR. DELAUNE said he supports SB 163 because it will allow people
like his son to become self-sufficient.
2:07:34 PM
MILLIE RYAN, Executive Director, Reach Inc., stated strong
support for SB 163 on behalf of Reach. She explained that Reach
places people with intellectual and developmental disabilities
in jobs in the community, and operates three enterprise
businesses that provide employment. Reach also supports a few
people to take post-secondary education class at the University
of Alaska Southeast to expand their employment options.
MS. RYAN reported that Reach is implementing Employment First
policies and procedures throughout the agency. They are
collecting base line data on the percent of youths and adults
that have an employment goal in their service plans and the
percent that are actually working. She told the committee that
service providers can do a lot of things to help people with
disabilities get employed, but what is really needed is strong
policy from state agencies. SB 163 will help state agencies put
policy in place that and help more people with disabilities
become employed.
2:09:32 PM
CHAIR DUNLEAVY said he would keep public testimony open and hold
SB 163 in committee for further consideration.
2:09:54 PM
There being no further business to come before the committee,
Chair Dunleavy adjourned the Senate Labor and Commerce Standing
Committee meeting at 2:09 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB167 v.U.pdf |
SL&C 2/11/2014 1:30:00 PM SL&C 3/27/2014 1:30:00 PM |
HB 167 |
| HB0167_Version N.PDF |
SL&C 2/11/2014 1:30:00 PM SL&C 3/27/2014 1:30:00 PM |
HB 167 |
| HB167 Sponsor Statement.pdf |
SL&C 2/11/2014 1:30:00 PM SL&C 3/27/2014 1:30:00 PM |
HB 167 |
| HB167 Sectional Analysis.pdf |
SL&C 2/11/2014 1:30:00 PM SL&C 3/27/2014 1:30:00 PM |
HB 167 |
| HB167CS(RLS)-DCCED-CBPL-01-21-14.pdf |
SL&C 2/11/2014 1:30:00 PM SL&C 3/27/2014 1:30:00 PM |
HB 167 |
| HB167 Letter of Support-ASCE AK.pdf |
SL&C 2/11/2014 1:30:00 PM SL&C 3/27/2014 1:30:00 PM |
HB 167 |
| HB167 Letter of Support-Benjamin Oien.pdf |
SL&C 2/11/2014 1:30:00 PM SL&C 3/27/2014 1:30:00 PM |
HB 167 |
| HB167 Letter of Support-Claiborne Porter.pdf |
SL&C 2/11/2014 1:30:00 PM SL&C 3/27/2014 1:30:00 PM |
HB 167 |
| HB167 Letter of Support-Craig Fredeen.pdf |
SL&C 2/11/2014 1:30:00 PM SL&C 3/27/2014 1:30:00 PM |
HB 167 |
| HB167 Letter of Support-Eric Cowling.pdf |
SL&C 2/11/2014 1:30:00 PM SL&C 3/27/2014 1:30:00 PM |
HB 167 |
| HB167 Letter of Support-Harley Hightower.pdf |
SL&C 2/11/2014 1:30:00 PM SL&C 3/27/2014 1:30:00 PM |
HB 167 |
| HB167 Letter of Support-Jared F. Keyser.pdf |
SL&C 2/11/2014 1:30:00 PM SL&C 3/27/2014 1:30:00 PM |
HB 167 |
| HB167 Letter of Support-Jeffrey Koonce.pdf |
SL&C 2/11/2014 1:30:00 PM SL&C 3/27/2014 1:30:00 PM |
HB 167 |
| HB167 Letter of Support-John Crittenden.pdf |
SL&C 2/11/2014 1:30:00 PM SL&C 3/27/2014 1:30:00 PM |
HB 167 |
| HB167 Letter of Support-Mark R. Frischkorn.pdf |
SL&C 2/11/2014 1:30:00 PM SL&C 3/27/2014 1:30:00 PM |
HB 167 |
| HB167 Letter of Support-Richard Rearick.pdf |
SL&C 2/11/2014 1:30:00 PM SL&C 3/27/2014 1:30:00 PM |
HB 167 |
| HB167 Letter of Support-Richard Reed.pdf |
SL&C 2/11/2014 1:30:00 PM SL&C 3/27/2014 1:30:00 PM |
HB 167 |
| SB0163A.PDF |
SL&C 2/11/2014 1:30:00 PM |
SB 163 |
| sb 163 sponsor statement.pdf |
SL&C 2/11/2014 1:30:00 PM |
SB 163 |
| SB 163 Supporting document-State Employment Leadership Network Report.pdf |
SL&C 2/11/2014 1:30:00 PM |
SB 163 |
| SB 163 Supporting Document- BMC Psychiatry Report.pdf |
SL&C 2/11/2014 1:30:00 PM |
SB 163 |
| SB163-DHSS-CDDG-02-07-14.pdf |
SL&C 2/11/2014 1:30:00 PM |
SB 163 |
| SB163-DOLWD-CS-02-11-14.pdf |
SL&C 2/11/2014 1:30:00 PM |
SB 163 |
| SB163-DOA-DOP-02-11-14.pdf |
SL&C 2/11/2014 1:30:00 PM |
SB 163 |
| SB163-EED-SSA-2-10-14.pdf |
SL&C 2/11/2014 1:30:00 PM |
SB 163 |