Legislature(2021 - 2022)

2022-03-23 Senate Journal

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2022-03-23                     Senate Journal                      Page 2097
SB 237                                                                                                                        
SENATE BILL NO. 237 BY THE SENATE RULES COMMITTEE                                                                               
BY REQUEST OF THE GOVERNOR, entitled:                                                                                           
                                                                                                                                
                "An Act exempting certain ambulatory surgical                                                                  
               center employees from overtime pay requirements;                                                                
          and providing for an effective date."                                                                                 
                                                                                                                                
was read the first time and referred to the Labor and Commerce                                                                  
Committee.                                                                                                                      
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, zero, Department of Labor and Workforce                                                                     
  Development                                                                                                                   
                                                                                                                                
Dear President Micciche:                                                                                                        
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill relating to State of Alaska                                                              
overtime law and ambulatory surgical centers.                                                                                   
                                                                                                                                
Alaska law requires overtime pay for eligible workers to begin after                                                            
eight working hours in a day or forty cumulative hours in a week.                                                               
Certain employers, such as hospitals, have an exemption from the                                                                
eight-hour requirement, allowing critical healthcare workers to be on                                                           
staff to meet the needs of patients.                                                                                            
                                                                                                                                
The use of ambulatory surgical centers has grown nationally as many                                                             
procedures do not require hospital admissions. However, these centers                                                           
are not treated the same as hospitals for purposes of overtime rules                                                            
which creates significant management challenges. The result has been                                                            
a noticeable migration of nurses and other critical health staff to                                                             
hospitals where a more flexible schedule allows the worker a greater                                                            
say in their work scheduling.                                                                                                   
                                                                                                                                

2022-03-23                     Senate Journal                      Page 2098
This bill would place ambulatory surgical centers on an equal footing                                                           
with hospitals in relation to overtime rules. Like hospitals, ambulatory                                                        
surgical centers would still be bound by the federal forty-hour weekly                                                          
overtime rule. This change is one step toward greater flexibility for                                                           
healthcare workers and stability for Alaska’s healthcare system.                                                                
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Mike Dunleavy                                                                                                                   
Governor