SENATE LABOR AND COMMERCE COMMITTEE March 11, 1997 1:47 P.M. MEMBERS PRESENT Senator Loren Leman, Chairman Senator Jerry Mackie, Vice Chairman Senator Mike Miller Senator Tim Kelly MEMBERS ABSENT Senator Lyman Hoffman COMMITTEE CALENDAR Confirmation Hearing: Alcoholic Beverage Control Board Mr. Robert Klein - Anchorage Board of Pharmacy Ms. Bonnie R. Stewart - Anchorage Mr. Stanley Thompson - Anchorage Board of Registration for Architects, Engineers, and Land Surveyors Ms. Daphne E. Brown - Anchorage Mr. Patrick H. Kalen - Fairbanks Mr. Robert E. Miller - Anchorage Ms. Marcia Davis - Anchorage SENATE BILL NO. 87 "An Act relating to regulation of architects, engineers, and land surveyors; extending the termination date of the State Board of Registration for Architects, Engineers, and Land Surveyors; and providing for an effective date." - MOVED CSSB 87(L&C)am OUT OF COMMITTEE PREVIOUS SENATE COMMITTEE ACTION SB 87 - No previous action to be considered. WITNESS REGISTER Mr. Merle Jantz, President AELS Board 1077 Vincent Ct. North Pole, AK 99705 POSITION STATEMENT: Supported SB 87. Mr. Patrick Kalen, Member AELS Board 1041 Chena Ridge Rd. Fairbanks, AK 99709 POSITION STATEMENT: Supported SB 87. Mr. Dwayne Adams Alaska Professional Design Council 13311 Cove Circle Anchorage, AK 99515 POSITION STATEMENT: Supported SB 87. Ms. Catherine Reardon, Director Division of Occupations Licensing Department of Commerce and Economic Development P.O. Box 110806 Juneau, AK 99811-0806 POSITION STATEMENT: Supported SB 87. ACTION NARRATIVE TAPE 97-10, SIDE A Number 001 CHAIRMAN LEMAN called the Senate Labor and Commerce Committee meeting to order at 1:47 p.m. and asked Mr. Robert Klein to give the committee his background and the reason he wanted to serve on the Alcoholic Beverage Control Board. MR. KLEIN said this is his second term and he is currently serving as Chairman. They are not only making sure license holders throughout the State are adhering to Title 4, but making the communities more a part of the decisions that affect alcoholic beverages. There were no questions from Committee members. CHAIRMAN LEMAN said that Ms. Stewart and Mr. Thompson, Board of Pharmacy, were not available for comment at this time. Ms. Brown, Board of Registration for Architects, Engineers, and Land Surveyors, was also not available. Next he asked Mr. Robert Miller to brief the Committee on his qualifications for that Board. MR. MILLER said he had been a civil engineer for almost 36 years and had been a registered professional engineer for over 25 years. He reviewed his resume for the Committee. CHAIRMAN LEMAN thanked him for his willingness to serve. There were no questions from the Committee members. MS. MARCIA DAVIS said she is a lawyer by profession and is for maintaining professional standards within any profession. She said she is up for the public member's slot on the Board of Registration for Architects, Engineers, and Land Surveyors. She believed in maintaining professional standards so there is a high degree of public trust and public safety impacts. As ability to fund public consumer protection programs ebbs, it is all the more important for these Boards to work. CHAIRMAN LEMAN asked how she was contacted to serve on this Board. MS. DAVIS said she was contacted by a Board member who was aware of the vacancy about two or three months ago. CHAIRMAN LEMAN asked if she had any experience with the statute of repose or any issues like that as a lawyer. She replied that she had experience with statutes of repose and limitations, but not specifically as they apply to engineers or the construction industry. Number 120 MR. PATRICK KALEN, Board of Registration for Architects, Engineers, and Land Surveyors, reviewed his resume for the Committee. He said he had served on this Board before in 1988 and 1992 and he has strong support from the land surveying profession. SB 87 ARCHITECTS, ENGINEERS & SURVEYORS  CHAIRMAN LEMAN said that completed everyone they were able to reach and announced SB 87 to be up for consideration. MS. KREITZER, Staff to Senate Labor and Commerce Committee, explained the CS which was a result of conversations between the Division of Occupational Licensing, the Alaska Professional Design Council, and the AELS Board. The only element this Committee made clear they did not agree with was the sunset date which remains at 2001, not at 2003. She said they might want to note on page 2, under Organizations and Meetings, the title of President is changed to Chairman and Vice President is changed to Vice Chairman. SENATOR KELLY said he thought they would eventually add landscape architects to this Board. If they do that, he noted that there was room for someone to be appointed. SENATOR MILLER moved to adopt the CS to SB 87. There were no objections and it was so ordered. MR. MERLE JANTZ, President, AELS Board, said the Board had worked hard and focused on public health, safety, and welfare. He said they support the CS to SB 87. It addresses all the issues the Board was concerned about except they are in favor of the year 2003 as the sunset date. He clarified that they elected the Chairman, the Vice Chairman, and the Secretary. Number 250 SENATOR MACKIE moved on page 2, line 5 to delete "president" and insert "chair;" delete "vice president" and insert "vice chair." There were no objections and it was so ordered. MR. DWAYNE ADAMS, Alaska Professional Design Council, said this one of the most important pieces of legislation they will review for the protection of the health and safety of Alaskans. Continuance of the licensing of architects assures our buildings work, meet safety codes, and are accessible. Continuance of licensing of engineers insures our water is clean, our buildings are safe, and their mechanical and electrical systems meet the needs of our unique climate in our urban and rural conditions. Continuance of the licensure of our surveyors insures the ability to conduct commerce under clearly defined lines and patterns of ownership. He said they support this bill, but recommend that the 2001 be changed to 2003, because the value of these professionals for maintenance of health and safety is self evident. Number 297 MR. MIKE TAURIANIEN, Board of Architects, Engineers, and Land Surveyors, said he has served for seven years. Bringing the number of surveyors to two is important for the efficient operation of the Board. They make up a significant portion of their work load. SENATOR KELLY said he supported the bill and asked if anyone opposed licensing landscape architects. MR. TAURIANIEN said the Board has generally been in favor of it, although it's been a split vote. His main concern is showing a compelling reason for protection of the public. SENATOR KELLY asked him if he didn't think the fact that 43 other states do was enough of a reason. MR. TAURIANIEN replied not at all. SENATOR KELLY asked why he thought it was compelling to license him. MR. TAURIANIEN said he wouldn't argue with him if the legislature decided not to. He thought they went overboard in registration of many professions. MR. JANTZ said the Board in a teleconference about a week ago considered the issue of including landscape architects and voted in favor of removing them because there weren't enough to justify an additional position for licensing them at this time. MR. KALEN said the draft legislation the Board reviewed proposed to add a landscape architect to the Board. VICE CHAIRMAN MACKIE noted that Senator Leman had to leave and that they would have this issue before the Committee in another bill. SENATOR MILLER said he wasn't sure why the fiscal notes coming from the Department are written to show fiscal impact when these funds are already built into the budget. A fiscal note means another Finance Committee referral. MS. REARDON, Director, Division of Occupational Licensing, said the only reason they do the fiscal notes that way is because they were directed by the legislature several years ago to show the on-going costs so they would know what they would save by eliminating the licensing program. She said she would be very happy to do the fiscal notes any way the legislature wants them. SENATOR MILLER said if it's money that's already being collected, he would rather see them reflect either additional money that would be used or if there was a subtraction. SENATOR MILLER moved to zero out the fiscal note to make it accurate. There were no objections and it was so ordered. MS. REARDON added that the draft CS adds a member to the Board which would have a small fiscal impact of the money needed to travel to the Board meetings for that person. She anticipated about $2,500 per year. Number 420 SENATOR MILLER moved to pass CSSB87(L&C)am from committee with individual recommendations with a $0 fiscal note. There were no objections and it was so ordered. VICE CHAIRMAN MACKIE adjourned the meeting at 2:17 p.m.