SENATE LABOR AND COMMERCE COMMITTEE April 29, 1999 1:40 p.m. MEMBERS PRESENT Senator Jerry Mackie, Chairman Senator Tim Kelly, Vice Chairman Senator Dave Donley MEMBERS ABSENT Senator Loren Leman Senator Lyman Hoffman COMMITTEE CALENDAR CS FOR SENATE BILL NO. 71(HES) "An Act relating to licensure by the State Medical Board." -MOVED CSSB 71(L&C) OUT OF COMMITTEE CONFIRMATION APPOINTMENTS Commissioner - Department of Labor: Ed Flanagan Alcoholic Beverage Control Board: Ellen Ganley, Fairbanks, Joe Thomas, Jr., Juneau, Thomas C. Walker, Seward Alaska Labor Relations Agency: Blair E. Marcotte, Fairbanks, Raymond P. Smith, Anchorage State Board of Registration for Architects, Engineers, and Land Surveyors: Linda Cyra-Korsgaard, Anchorage, Marcia R. Davis, Anchorage, D. Lance Mearig, Juneau Board of Chiropractic Examiners: Carol J. Davis, Fairbanks, Steven D. Messerschmidt, Juneau, Sean C. Siegel, Anchorage Board of Dispensing Opticians: James Rothmeyer, Fairbanks, Roberta Rawcliffe, Palmer Board of Marine Pilots: Robert M. Berto, Ketchikan Board of Certified Real Estate Appraisers: Vince Coan, Wasilla, James A. Hage, Fairbanks Board of Veterinary Examiners: Connie J. Sanders, Anchorage Board of Worker's Compensation: Andrew J. Piekarski, Anchorage, Nancy J. Ridgley, Ketchikan, Dorothy Bradshaw, Fairbanks, Philip E. Ulmer, Eagle River Real Estate Commission: Eleanor F. Oakley, Palmer, Larry Spencer, Juneau, Linda L. Freed, Kodiak PREVIOUS SENATE COMMITTEE ACTION SB 71 - See HESS minutes dated 4/7/99 and 4/12/99 and Labor and Commerce Committee minutes dated 4/27/99. WITNESS REGISTER Mr. Ed Flanagan, Commissioner-Designee Department of Labor PO Box 21149 Juneau, AK 99802-1149 Mr. Gerald Newton 315 Dunbar Ave. Fairbanks, AK 99701 Mr. Joe Tracanna 3040 Davis Rd. Fairbanks, AK 99709 Ms. Ellen Ganley 4454 Chena Hot Springs Rd. Fairbanks, AK 99712 Mr. Tom Walker PO Box 1048 Seward, AK 99603 Ms. Blair Marcotte PO Box 82785 Fairbanks, AK 99708 Mr. Raymond Smith 4020 Dale St. #1 Anchorage, AK 99508 Ms. Marcia Davis 6431 Regent Drive Anchorage, AK 99504 Mr. D. Lance Mearig PO Box 34752 Juneau, AK 99803 Mr. James Rothmeyer 4001 Geist Rd. Suite 7 Fairbanks, AK 99709 Ms. Roberta Rawcliffe PO Box 623 Palmer, AK 99645 Mr. James Hage 711 Gaffney Road Fairbanks, AK 99708 ACTION NARRATIVE TAPE 99-19, SIDE A Number 001 CHAIRMAN MACKIE called the Senate Labor and Commerce Committee meeting to order at 1:40 p.m. Present were Senators Tim Kelly, Dave Donley, and Chairman Mackie. The first order of business to come before the committee was SB 71. SB 71-PHYSICIAN LICENSURE CHANGES SENATOR KELLY noted that the Alaska Medical Board's concerns with SB 71 have been addressed in the proposed committee substitute. He moved to adopt CSSB 71(L&C) in lieu of the original bill. There being no objection, the motion carried. SENATOR KELLY moved CSSB 71(L&C) from committee with individual recommendations. There being no objection, the motion carried. CONFIRMATION HEARINGS ED FLANAGAN, Commissioner-Designee of the Department of Labor, stated as Deputy Commissioner of the Department of Labor for the past four years, he has enjoyed working with legislators. He believes it is a great responsibility and privilege to take on the job of Commissioner and that his diverse background will serve as good preparation for the challenges he will face in that position. MR. FLANAGAN thanked committee members for their cooperation on SB 50. GERALD NEWTON made the following comments via teleconference from Fairbanks. After being discharged from the Department of Labor, he filed a retaliatory discharge complaint with the U.S. Department of Labor. After two years, he agreed to an out-of-court settlement. He informed committee members he filed his complaint with the U.S. Department of Labor because he did not believe he would get just treatment from Local 71 since the Department of Labor has many union employees. He asked that legislators investigate his case before Mr. Flanagan is confirmed. Number 116 CHAIRMAN MACKIE asked Mr. Newton to send committee members a letter documenting his concerns. SENATOR KELLY asked Mr. Newton why his case continued after he settled out of court. MR. NEWTON replied that his case has terminated but that one condition of the settlement was that he never apply for a job with the Department of Labor again. He stated he was able to prove that his discharge was a retaliatory act by the Department of Labor. CHAIRMAN MACKIE asked Mr. Newton to indicate in his letter whether his concern is with the performance of Mr. Flanagan as Commissioner, or with Local 71. Number 145 MR. JOE TRACANNA, an electrician, made the following comments via teleconference. When the electricians' union considers new appointments, it looks for an individual who is willing to make a commitment to uphold the laws passed by the Legislature. The Legislature has given the Commissioner of the Department of Labor the ultimate authority to ensure that the National Electrical Code is followed. The Department of Labor must protect the environment, worker health and safety, and laws. CHAIRMAN MACKIE asked Mr. Tracanna if he had any comments to make specific to Mr. Flanagan. MR. TRACANNA said he did not. Number 191 ELLEN GANLEY, Alcohol Beverage Control Board (ABC) member for four years and current vice-chair, stated the ABC board has made a commitment to listen to communities about what they want in their communities regarding liquor licenses. She hopes to be reappointed to the ABC Board so that she can continue working in that direction. The committee took a brief at-ease. TOM WALKER, appointee to the ABC Board, stated his resume was made available to committee members and that he was available to answer questions. Number 207 BLAIR MARCOTTE stated she is a nominee for reappointment to the Alaska Labor Relations Agency and is pleased about Ed Flanagan's confirmation. She noted the Alaska Labor Relations Agency has had a tough year because of many staffing transitions, and although serving on its board is a large amount of work, she believes in the agency's mission and will continue to volunteer if reappointed. RAYMOND SMITH, nominee for the Alaska Labor Relations Agency, stated he has found it to be a pleasure to serve on, and work with, the board, and he would be pleased to continue to do so. Number 228 MARCIA DAVIS, public member nominee to the Board of Registration for Architects, Engineers, and Land Surveyors, stated, via teleconference, she has served as the public member for the past 2+ years. As a lawyer by training, she has been able to assist the board with legal drafting. and she would appreciate the opportunity to continue to serve. LANCE MEARIG, nominee to the Board of Registration for Architects, Engineers, and Land Surveyors, stated he submitted a resume for review by committee members and was available to answer questions. Number 250 JAMES ROTHMEYER stated he looks forward to working with the Board of Dispensing Opticians. ROBERTA RAWCLIFFE also stated she looks forward to working on the Board of Dispensing Opticians if so confirmed. Number 270 JAMES HAGE, nominee to the Alaska Board of Marine Pilots, stated he has attended one meeting of the Board of Marine Pilots so far and looks forward to working with the board. DOROTHY BRADSHAW, nominee to the Workers' Compensation Board, stated she submitted a detailed resume to committee members and was available to answer questions. DAVE GRAY, committee aide, informed committee members Mr. Piekarski and Mr. Ulmer were unable to be present for today's hearing. There being no further testimony, CHAIRMAN MACKIE announced the committee would forward the letter of confirmation to the full Senate for action at the appropriate time. He thanked participants and adjourned the meeting at 2:03 p.m.