HOUSE LABOR AND COMMERCE STANDING COMMITTEE March 5, 1997 3:22 p.m. MEMBERS PRESENT Representative Norman Rokeberg, Chairman Representative John Cowdery Representative Bill Hudson Representative Jerry Sanders Representative Joe Ryan Representative Tom Brice MEMBERS ABSENT Representative Gene Kubina COMMITTEE CALENDAR CONFIRMATION HEARINGS: Alaska State Board of Public Accountancy: Linda Thomas - Juneau - CONFIRMATION ADVANCED State Board of Registration for Architects, Engineers and Land Surveyors: Daphne E. Brown - Anchorage Patrick H. Kalen - Fairbanks Robert E Miller, Ph.D., P.E. - Anchorage - CONFIRMATIONS ADVANCED Board of Barbers and Hairdressers Sheryl L. Sutton - Juneau - CONFIRMATION ADVANCED Board of Chiropractic Examiners LeRoy (Lee) D. Nordstron, D.C. - Anchorage - CONFIRMATION ADVANCED Board of Clinical Social Work Examiners Diane DiSanto - Anchorage - CONFIRMATION ADVANCED Board of Dispensing Opticians Mary C. Seutter - Wasilla - CONFIRMATION ADVANCED Alaska Labor Relations Agency Robert A. Doyle - Palmer Blair Schad - Fairbanks - CONFIRMATIONS ADVANCED Board of Marine Pilots Bernie Smith - Anchorage - CONFIRMATION ADVANCED State Medical Board Beverly Fletcher - Juneau Donald G. Hudson, D.O. - Anchorage Sarah A. Isto, M.D. - Juneau Suzanne H. Lombardi - Anchorage Donald C. Olson, M.D. - Nome - CONFIRMATIONS ADVANCED Board of Certified Direct-Entry Midwives Kaye Kanne - Juneau Pam Weaver - Chugiak - CONFIRMATIONS ADVANCED Board of Nursing Josephine Malemute - Fairbanks - CONFIRMATION ADVANCED Board of Examiners in Optometry William D. Faulkner, O.D. - Anchorage Aharon Sternberg, O.D. - Anchorage - CONFIRMATIONS ADVANCED Board of Pharmacy Bonnie R. Stewart - Anchorage Stanley P. Thompson, R.PH. - Anchorage - CONFIRMATIONS ADVANCED State Physical Therapy and Occupational Therapy Board Dee Berline - Anchorage Cary S. Keller, M.D. - Fairbanks Lawrence W. Seethaler, L.P.T. - Anchorage - CONFIRMATIONS ADVANCED Board of Psychologist and Psychological Associate Examiners Susan L. Baxter, M.S. - Anchorage E. Ben Crawford, Ph.D. - Anchorage Gail C. Shortell, Esq. - Anchorage David J. Sperbeck, Ph.D. - Anchorage - CONFIRMATIONS ADVANCED Board of Certified Real Estate Appraisers Eileen R. Bechtol - Homer Susan K. Crosson - Anchorage Jon B. Wolfe - Douglas - CONFIRMATIONS ADVANCED Board of Veterinary Examiners William G. Lewis - North Pole James L. Morris, D.V.M. - Wasilla Connie J. Sanders, D.V.M. - Anchorage - CONFIRMATIONS ADVANCED Alaska Workers' Compensation Board Valerie K. Baffone - Anchorage John Giuchici - Fairbanks Steve Hagedorn - Anchorage Harriet M. Lawlor - Anchorage Shawn Pierre - Chugiak - CONFIRMATIONS ADVANCED Dental Examiners Dr. James Arneson - Kodiak Dr. James Clark - Anchorage - CONFIRMATIONS ADVANCED Real Estate Commission Ruth Blackwell - Juneau - CONFIRMATION ADVANCED Board of Midwives Mark Richey - Anchorage - CONFIRMATION ADVANCED Board of Architects, Engineers and Land Surveyors Marcia Davis - Anchorage - CONFIRMATION ADVANCED Board of Marine Pilots Barbara Huff Tuckness - Anchorage David Stewart - Anchorage - CONFIRMATIONS ADVANCED (* First public hearing) PREVIOUS ACTION No previous action to record. WITNESS REGISTER SHIRLEY ARMSTRONG, Legislative Assistant to Representative Rokeberg Alaska State Legislature Capitol Building, Room 24 Juneau, Alaska 99801-1182 Telephone: (907) 465-4954 POSITION STATEMENT: Gave an update on committee business. ACTION NARRATIVE TAPE 97-16, SIDE A Number 001 CHAIRMAN NORMAN ROKEBERG called the House Labor and Commerce Standing Committee to order at 3:22 p.m. Members present at the call to order were Representatives Rokeberg, Hudson, Ryan, Sanders and Cowdery. Representative Brice arrived at 3:30 p.m. CONFIRMATION HEARING Number 042 CHAIRMAN ROKEBERG said the committee would address the Governor's appointments to various boards and commissions. Number 089 REPRESENTATIVE JOHN COWDERY noted the letters the committee will sign states very clearly that the members aren't in favor of or against the appointments. It doesn't reflect any intent of the members. CHAIRMAN ROKEBERG indicated that is correct and noted the letters would be sent to the Speaker's office. He stated the signature on the letter does not, in any way, reflect the intent of any member to vote for against the individuals during any further sessions for the purposes of confirmation. Number 200 CHAIRMAN ROKEBERG announced the first appointment the committee would address would be the appointment of Linda Thomas of Juneau to the Alaska State Board of Public Accountancy. Number 210 CHAIRMAN ROKEBERG called for an at ease at 3:27 p.m. He called the meeting back to order at 3:28 p.m. CHAIRMAN ROKEBERG said he would entertain a motion to move the appointments before the committee. Number 237 REPRESENTATIVE COWDERY made a motion to move all of the appointments before the committee to the Speaker's office for further action. CHAIRMAN ROKEBERG asked if there was an objection. Hearing none, it was so ordered. Number 255 CHAIRMAN ROKEBERG said the next appointment would be Daphne E. Brown of Anchorage, Patrick H. Kalen of Fairbanks and Robert E. Miller, Ph.D., P.E., of Anchorage to the State Board of Registration for Architects, Engineers and Land Surveyors. Number 379 CHAIRMAN ROKEBERG indicated the next appointment is Sheryl L. Sutton of Juneau to the Board of Barbers and Hairdressers. Number 415 CHAIRMAN ROKEBERG said the LeRoy (Lee) D. Nordstron, D.C., of Anchorage has been appointed to the Board of Chiropractic Examiners. Number 427 CHAIRMAN ROKEBERG informed the committee members Diane DiSanto of Anchorage has been appointed to the Board of Clinical Social Work Examiners. Number 445 CHAIRMAN ROKEBERG said the next confirmation is Mary C. Seutter of Wasilla to the Board of Dispensing Opticians. Number 465 CHAIRMAN ROKEBERG explained the next appointments would be Robert A. Doyle of Palmer and Blair Schad of Fairbanks to the Alaska Labor Relations Agency. Number 498 CHAIRMAN ROKEBERG informed the committee Bernie Smith of Anchorage has been appointed to the Board of Marine Pilots. He noted Mr. Smith is with Tesoro. Number 515 CHAIRMAN ROKEBERG said the committee would address the State Medical Board. He noted he has made some telephone calls regarding this board, because of its importance, and verified with the members of the Alaska medical community that they didn't have an objection to the appointments. The appointments to the State Medical Board are Beverly Fletcher of Juneau, Donald G. Hudson, D.O., of Anchorage, Sarah A. Isto, M.D., of Juneau, Suzanne H. Lombardi of Anchorage and Donald C. Olson, M.D. of Nome. Number 586 CHAIRMAN ROKEBERG read the appointments to the Board of Certified Direct-Entry Midwives. They were Kaye Kanne of Juneau and Pam Weaver of Chugiak. Number 619 CHAIRMAN ROKEBERG informed the committee the appointment to the Board of Nursing is Josephine Malemute of Fairbanks. Number 630 CHAIRMAN ROKEBERG explained the next appointments are to the Board of Examiners in Optometry. The people appointed are William D. Faulkner, O.D., of Anchorage and Aharon Sternberg, O.D., of Anchorage. Number 658 CHAIRMAN ROKEBERG said the committee would next address Bonnie R. Stewart of Anchorage and Stanley P. Thompson, R.PH., of Anchorage to the Board of Pharmacy. Number 686 CHAIRMAN ROKEBERG stated the next confirmations are Dee Berline of Anchorage, Cary S. Keller, M.D., of Fairbanks, Lawrence W. Seethaler, L.P.T., of Anchorage to the State Physical Therapy and Occupational Therapy Board. Number 748 CHAIRMAN ROKEBERG announced the appointments to the Board of Psychologist and Psychological Associate Examiners are Susan L. Baxter, M.S., of Anchorage, E. Ben Crawford, Ph.D., of Anchorage, Gail C. Shortell, Esq., of Anchorage and David J. Sperbeck, Ph.D., of Anchorage Number 818 CHAIRMAN ROKEBERG informed the committee members Eileen R. Bechtol of Homer, Susan K. Crosson of Anchorage and Jon B. Wolfe of Douglas have been appointed to the Board of Certified Real Estate Appraisers. Number 845 CHAIRMAN ROKEBERG said the appointments to the Board of Veterinary Examiners are William G. Lewis of North Pole, James L. Morris, D.V.M., of Wasilla and Connie J. Sanders, D.V.M., of Anchorage. Number 890 CHAIRMAN ROKEBERG said the next appointments are to the Alaska Workers' Compensation Board. The appointments are Valerie K. Baffone of Anchorage, John Giuchici of Fairbanks, Steve Hagedorn of Anchorage, Harriet M. Lawlor of Anchorage and Shawn Pierre of Chugiak. CHAIRMAN ROKEBERG informed the committee members there a second group of appointees. Number 1035 REPRESENTATIVE COWDERY made a motion to move the second group of appointments before the committee to the Speaker's office for further action. CHAIRMAN ROKEBERG asked if there was an objection. Hearing none, it was so ordered. Number 1057 CHAIRMAN ROKEBERG indicated the next appointments the committee would address would be Dr. James Arneson of Kodiak and Dr. James Clark of Anchorage to the Board of Dental Examiners. Number 1066 CHAIRMAN ROKEBERG indicated Ruth Blackwell of Juneau has been appointed to the Real Estate Commission. Number 1080 CHAIRMAN ROKEBERG informed the committee that Mark Richey of Anchorage has been appointed to the Board of Midwives. Number 1095 CHAIRMAN ROKEBERG said the next appointment is Marcia Davis of Anchorage to the Board of Architects, Engineers and Land Surveyors. Number 1100 CHAIRMAN ROKEBERG explained the last appointments are Barbara Huff Tuckness of Anchorage and David Stewart of Anchorage to the Board of Marine Pilots. He noted that concludes the appointments that are before the committee. Number 1155 CHAIRMAN ROKEBERG indicated that the committee would start addressing major pieces of legislation beginning the following week. He noted he has been working on HB 33, which he sponsored. He said he is working on a committee substitute and is contemplating asking permission from the Speaker to hold hearings in Anchorage as there are a large number of people in Anchorage who are interested. Number 1029 REPRESENTATIVE TOM BRICE said it might be under the purview of the committee, under the subject of commerce, to review what the Department of Transportation and Public Facilities (DOT/PF) is doing with the leasing of airport land. He also asked if there is an intention to address the Kennedy/Kassenbaum issue. CHAIRMAN ROKEBERG explained there are four major items the committee will be undertaking. One is the real estate rewrite to add endorsements for various qualifications of real estate practitioners, primarily in property management and community associations. Chairman Rokeberg said the committee is awaiting the Division of Insurance's submission of the Kennedy/Kassenbaum activity. He noted it is his intention to take up the issue this year. Additionally, he said he is working on a bill for liquor statutes. Chairman Rokeberg said there is also the potential purchase, by the state, of the Bank of America Building in Anchorage. He noted Representative Ryan also has real estate legislation. Number 1379 SHIRLEY ARMSTRONG, Legislative Assistant to Representative Rokeberg, Alaska State Legislature, noted a bill has been introduced by the Senate Rules Committee regarding Kennedy/Kassenbaum issue. She noted the Senate Labor and Commerce Committee has different legislation in committee than what the House does, but they do have the Board of Accountancy legislation. Apparently, the participants on that board and the Board of Architects and Engineers are not entirely happy with what is going on with the sunset bill. She said apparently they don't like some of the recommendations that the auditor made. One thing the auditor mentioned regarding some of the sunsets was to increase the time from four to six years. Ms. Armstrong said it is probably a good idea for some of the boards that will never go away such as the Board of Medical Examiners. The audit could still be required. She noted there have been hearings on two of the sunsets. REPRESENTATIVE ROKEBERG noted that in the real estate industry, there is an ongoing controversy about the concept of agency. He said he has been meeting with people in the real estate business over the last six months and has informed them they need to form consensus among themselves before they bring their solutions to the legislature. Representative Rokeberg said the solution they currently have before them is revolutionary in the form of doing away with the common law agency and forming personal service contracts with their clients. He noted according to a law school law review article, no other states have adopted that particular method to deal with the agency problem. The agency problem is a huge problem in the real estate business because of a case law that has come down in the country. Representative Rokeberg noted he is planning on having hearings during the interim on that legislation. Number 1701 ADJOURNMENT CHAIRMAN ROKEBERG adjourned the House Labor and Commerce Committee meeting at 3:52 p.m.