Legislature(2023 - 2024)BARNES 124

04/21/2023 03:15 PM House LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 137 PHYSICAL THERAPY LICENSURE COMPACT TELECONFERENCED
<Bill Hearing Canceled>
*+ HB 138 AUD. & SPEECH-LANG INTERSTATE COMPACT TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
*+ HB 150 RESIDENTIAL BUILDING CODE TELECONFERENCED
<Bill Hearing Canceled>
+= HB 126 ASSOCIATE AND PROFESSIONAL COUNSELORS TELECONFERENCED
Heard & Held
-- Public Testimony <Three Minute Time Limit> --
+= HB 145 LOANS UNDER $25,000; PAYDAY LOANS TELECONFERENCED
Heard & Held
-- Public Testimony <Two Minute Time Limit> --
+= HB 21 SCHOOL/UNIVERSITY EMPLOYEE HEALTH INSUR TELECONFERENCED
<Bill Hearing Rescheduled to 04/24/23>
                    ALASKA STATE LEGISLATURE                                                                                  
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                         April 21, 2023                                                                                         
                           3:15 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Justin Ruffridge, Vice Chair                                                                                     
Representative Mike Prax                                                                                                        
Representative Dan Saddler                                                                                                      
Representative Zack Fields                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Jesse Sumner, Chair                                                                                              
Representative Stanley Wright                                                                                                   
Representative Ashley Carrick                                                                                                   
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 145                                                                                                              
"An  Act relating  to  loans in  an amount  of  $25,000 or  less;                                                               
relating  to  deferred deposit  advances;  and  providing for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 126                                                                                                              
"An Act  relating to  the Board  of Professional  Counselors; and                                                               
relating to licensing of associate counselors."                                                                                 
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 137                                                                                                              
"An  Act relating  to an  interstate  physical therapy  licensure                                                               
compact;  relating  to  the  licensure  of  physical  therapists,                                                               
physical  therapist  assistants,   occupational  therapists,  and                                                               
occupational therapy  assistants; and providing for  an effective                                                               
date."                                                                                                                          
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
HOUSE BILL NO. 138                                                                                                              
"An Act  relating to an audiology  and speech-language interstate                                                               
compact; relating to  the practice of audiology  and the practice                                                               
of  speech-language pathology;  and  providing  for an  effective                                                               
date."                                                                                                                          
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
HOUSE BILL NO. 150                                                                                                              
"An Act relating to residential building codes; relating to                                                                     
construction     contractors    and     residential    contractor                                                               
endorsements; and providing for an effective date."                                                                             
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
HOUSE BILL NO. 21                                                                                                               
"An Act  relating to group insurance  coverage and self-insurance                                                               
coverage  for   school  district  employees,  employees   of  the                                                               
University of  Alaska, and employees of  other governmental units                                                               
in the state; and providing for an effective date."                                                                             
                                                                                                                                
     - BILL HEARING RESCHEDULED TO 4/24/23                                                                                      
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 145                                                                                                                  
SHORT TITLE: LOANS UNDER $25,000; PAYDAY LOANS                                                                                  
SPONSOR(s): REPRESENTATIVE(s) WRIGHT                                                                                            
                                                                                                                                
03/29/23       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/29/23       (H)       L&C                                                                                                    
04/14/23       (H)       FIN REFERRAL ADDED AFTER L&C                                                                           
04/14/23       (H)       BILL REPRINTED                                                                                         
04/14/23       (H)       L&C AT 3:15 PM BARNES 124                                                                              
04/14/23       (H)       Heard & Held                                                                                           
04/14/23       (H)       MINUTE(L&C)                                                                                            
04/19/23       (H)       L&C AT 3:15 PM BARNES 124                                                                              
04/19/23       (H)       -- MEETING CANCELED --                                                                                 
04/21/23       (H)       L&C AT 3:15 PM BARNES 124                                                                              
                                                                                                                                
BILL: HB 126                                                                                                                  
SHORT TITLE: ASSOCIATE AND PROFESSIONAL COUNSELORS                                                                              
SPONSOR(s): REPRESENTATIVE(s) WRIGHT                                                                                            
                                                                                                                                
03/22/23       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/22/23       (H)       L&C                                                                                                    
03/29/23       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/29/23       (H)       Heard & Held                                                                                           
03/29/23       (H)       MINUTE(L&C)                                                                                            
04/19/23       (H)       L&C AT 3:15 PM BARNES 124                                                                              
04/19/23       (H)       -- MEETING CANCELED --                                                                                 
04/21/23       (H)       L&C AT 3:15 PM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
KRISTI MAGUIRE, representing self                                                                                               
Bivocational Pastor                                                                                                             
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Gave public  testimony during the hearing in                                                             
support of HB 145.                                                                                                              
                                                                                                                                
ALAN BUDAHL, Executive Director                                                                                                 
Lutheran Social Services of Alaska                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Gave public  testimony during the hearing in                                                             
support of HB 145.                                                                                                              
                                                                                                                                
NOEL LOWE, Owner                                                                                                                
Alaska Fast Cash                                                                                                                
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT:  Gave public  testimony during the hearing in                                                             
opposition to HB 145.                                                                                                           
                                                                                                                                
MARGE STONEKING, Advocacy Director                                                                                              
AARP                                                                                                                            
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Gave public  testimony during the hearing in                                                             
support of HB 145.                                                                                                              
                                                                                                                                
ELAINE BORDER, Owner                                                                                                            
Border Counseling Services                                                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Gave public  testimony during the hearing in                                                             
support of HB 126.                                                                                                              
                                                                                                                                
RACHEL BUDDIN-YOUNG, Member                                                                                                     
Professional Counselors Board                                                                                                   
Eagle River, Alaska                                                                                                             
POSITION STATEMENT:  Gave public  testimony during the hearing in                                                             
support of HB 126.                                                                                                              
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:15:36 PM                                                                                                                    
                                                                                                                                
VICE CHAIR JUSTIN  RUFFRIDGE called the House  Labor and Commerce                                                             
Standing   Committee    meeting   to    order   at    3:15   p.m.                                                               
Representatives Saddler, Prax, and  Ruffridge were present at the                                                               
call to order.  Representative  Fields arrived as the meeting was                                                               
in progress.                                                                                                                    
                                                                                                                                
            HB 145-LOANS UNDER $25,000; PAYDAY LOANS                                                                        
                                                                                                                                
3:16:22 PM                                                                                                                    
                                                                                                                                
VICE CHAIR RUFFRIDGE  announced that the first  order of business                                                               
would  be HB  145, "An  Act  relating to  loans in  an amount  of                                                               
$25,000  or  less; relating  to  deferred  deposit advances;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
3:16:32 PM                                                                                                                    
                                                                                                                                
VICE CHAIR RUFFRIDGE opened public testimony on HB 145.                                                                         
                                                                                                                                
3:16:55 PM                                                                                                                    
                                                                                                                                
KRISTI  MAGUIRE,  representing  self, Bivocational  Pastor,  gave                                                               
public testimony in  support of HB 145.  She  stated that she has                                                               
worked this  past year with  the Mutual Aid Network  of Anchorage                                                               
to help  members of  the community  pay back  payday loans.   She                                                               
said that  people living paycheck  to paycheck need  these loans,                                                               
and she cannot think of an  ethical reason for the interest rates                                                               
to  be so  high.   She  expressed praise  for  the generosity  of                                                               
Alaskans and encouraged the legislature to create new solutions.                                                                
                                                                                                                                
3:19:57 PM                                                                                                                    
                                                                                                                                
ALAN  BUDAHL, Executive  Director,  Lutheran  Social Services  of                                                               
Alaska, gave  public testimony in support  of HB 145.   He stated                                                               
that  Lutheran Social  Services  frequently  receives calls  from                                                               
people who are struggling to  pay back payday loans.  Oftentimes,                                                               
people use such loans to pay  rent, and these high interest rates                                                               
disproportionately affect  low-income individuals.  He  related a                                                               
story of a woman  who went in to pay her  loan shortly before the                                                               
lender closed;  however, she was unable  to do so and  had to pay                                                               
significantly more interest.                                                                                                    
                                                                                                                                
3:22:11 PM                                                                                                                    
                                                                                                                                
NOEL  LOWE, Owner,  Alaska Fast  Cash, provided  public testimony                                                               
during  the hearing  in opposition  to HB  145.   He stated  that                                                               
payday loans  are only  a small  part of  his business,  as these                                                               
loans are  less profitable.   He explained that payday  loans are                                                               
meant  for   those  with  steady   employment  but  no   ties  to                                                               
traditional lenders.  He expressed  the opinion that the examples                                                               
of predatory  payday lending are  coming from lenders  outside of                                                               
Alaska,  rather  than  the  brick-and-mortar  stores  within  the                                                               
state.  He  explained that stores in Alaska  are highly regulated                                                               
by the state;  however, online lenders outside of  Alaska are not                                                               
concerned about regulations  in the state.   He expressed concern                                                               
that the  proposed legislation would  stop payday lenders  in the                                                               
state; therefore, more people would have  to turn to out of state                                                               
lenders.  He argued that missing  a mortgage or car payment often                                                               
has a  higher interest rate  than a payday  loan.  He  added that                                                               
payday  loan  lenders are  required  to  offer six-month  payment                                                               
plans which stop more interest from accruing.                                                                                   
                                                                                                                                
3:25:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FIELDS asked what  percentage of profits come from                                                               
payday loans.                                                                                                                   
                                                                                                                                
MR. LOWE  answered approximately  10 percent.   In response  to a                                                               
follow-up question,  he stated that  the reason for  payday loans                                                               
having such high interest rates is  because the loans do not have                                                               
collateral.                                                                                                                     
                                                                                                                                
REPRESENTATIVE FIELDS asked  why there is a high  rate of default                                                               
for  payday  loans,  if  the   people  taking  them  have  steady                                                               
paychecks.                                                                                                                      
                                                                                                                                
MR. LOWE  answered that payday  lenders do not want  customers to                                                               
default, and the income guidelines are  posted in the stores.  He                                                               
added that  each loan  default is  personal for  each individual.                                                               
In  response to  a follow-up  question, he  expressed the  belief                                                               
that  traditional  payday  loan  lenders  would  not  offer  this                                                               
service  in  states  which have  passed  laws  limiting  interest                                                               
rates.                                                                                                                          
                                                                                                                                
3:28:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRAX asked  whether payday  loan lenders  publish                                                               
their interest rates and whether they charge processing fees.                                                                   
                                                                                                                                
MR. LOWE answered  that payday loans are short  14-day loans, and                                                               
the state allows  a 15 percent interest to be  charged, with a $5                                                               
fee late fee.  In response  to a follow-up question, he expressed                                                               
agreement that the fee is lower  than the fee an individual would                                                               
be charged for over drafting a bank account.                                                                                    
                                                                                                                                
3:32:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER asked  how long  the 15  percent interest                                                               
rate lasts.                                                                                                                     
                                                                                                                                
MR. LOWE answered  that the 15 percent interest rate  is meant to                                                               
be for  a short 14-day  loan.  He  added that the  interest rates                                                               
would accrue if it took an entire  year to pay the loan posted in                                                               
the store.   In response  to a  follow-up question, he  said that                                                               
income guidelines  are posted in  the store.   He added  that the                                                               
terms in the  agreement are reviewed with each  customer, so each                                                               
customer understands the process.                                                                                               
                                                                                                                                
REPRESENTATIVE SADDLER expressed doubt in  his own ability to pay                                                               
back loans at the high interest rates he has seen.                                                                              
                                                                                                                                
MR. LOWE responded that the  highest interest rates only apply to                                                               
loans  which are  not paid  back in  365 days,  when the  loan is                                                               
meant to only cover  14 days.  He compared this  to renting a car                                                               
for a month, as  the car would cost $50 for only  one day, but it                                                               
would cost $1,500 for a month.                                                                                                  
                                                                                                                                
REPRESENTATIVE  SADDLER  asked  whether  a  payday  lender  would                                                               
accrue  additional costs  if a  payday  loan were  not paid  back                                                               
within 14 days.                                                                                                                 
                                                                                                                                
MR. LOWE answered that the state  allows a borrower to extend the                                                               
interest  two times.   If  that  individual cannot  pay back  the                                                               
loan, the lender  is required to offer a  six-month payment plan.                                                               
In  response to  a  follow-up  question, he  said  that the  only                                                               
additional cost  is the lost  opportunity cost of not  being able                                                               
to loan the money to another individual.                                                                                        
                                                                                                                                
3:37:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRAX commented that  payday loans are difficult to                                                               
collect, and  the extension  periods to pay  back the  loans have                                                               
the effect of reducing the actual posted interest rates.                                                                        
                                                                                                                                
3:37:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER asked  how  many borrowers  use the  six-                                                               
month payment plan.                                                                                                             
                                                                                                                                
MR.  LOWE expressed  uncertainty, as  it varies  seasonally.   In                                                               
response to  a follow-up question,  he expressed the  belief that                                                               
it is  less than half.   He added that  only about 25  percent of                                                               
borrowers default.                                                                                                              
                                                                                                                                
3:39:29 PM                                                                                                                    
                                                                                                                                
MARGE STONEKING,  Advocacy Director, AARP, gave  public testimony                                                               
in support of  HB 145.  She  stated that AARP supports  HB 145 in                                                               
order to protect  the financial security of older  Alaskans.  She                                                               
expressed the  opinion that older  individuals have  less options                                                               
to pay back  debts, and short-term loans are more  likely to harm                                                               
them than help them.  She  pointed out that there are small loans                                                               
available at  banks, and these  offer better options  than payday                                                               
loans.                                                                                                                          
                                                                                                                                
3:41:55 PM                                                                                                                    
                                                                                                                                
VICE CHAIR  RUFFRIDGE, after ascertaining  there was no  one else                                                               
who wished to testify, closed public testimony.                                                                                 
                                                                                                                                
3:42:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRAX commented that  Mr. Lowe's testimony warrants                                                               
careful consideration.  He said  that in the retail business, bad                                                               
checks are often not collected  because the cost of collecting is                                                               
not  worthwhile.   Although the  costs may  be high  at a  payday                                                               
lender, high costs and other  consequences can occur if a payment                                                               
to a bank  or credit card company is late.   He expressed concern                                                               
that the  bill would not work  as intended and taking  such steps                                                               
would be akin to putting warning labels on cigarettes.                                                                          
                                                                                                                                
3:45:15 PM                                                                                                                    
                                                                                                                                
VICE CHAIR RUFFRIDGE announced that HB 145 was held over.                                                                       
                                                                                                                                
3:45:45 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:45 p.m. to 3:49 p.m.                                                                       
                                                                                                                                
          HB 126-ASSOCIATE AND PROFESSIONAL COUNSELORS                                                                      
                                                                                                                                
3:49:35 PM                                                                                                                    
                                                                                                                                
VICE CHAIR RUFFRIDGE  announced that the final  order of business                                                               
would be  HB 126, "An Act  relating to the Board  of Professional                                                               
Counselors; and relating to licensing of associate counselors."                                                                 
                                                                                                                                
3:50:02 PM                                                                                                                    
                                                                                                                                
VICE CHAIR RUFFRIDGE opened public testimony on HB 126.                                                                         
                                                                                                                                
3:50:23 PM                                                                                                                    
                                                                                                                                
ELAINE  BORDER,  Owner,   Border  Counseling  Services,  provided                                                               
public testimony in  support of HB 126.  She  shared that she has                                                               
been  a  counselor for  10  years,  covering  a wide  variety  of                                                               
disciplines.   She  said that  she supports  the bill  because it                                                               
would  improve  care  for  Alaskans.    She  explained  that  the                                                               
proposed legislation  would give counselors the  ability to learn                                                               
a  broader range  of disciplines  and  have more  accountability.                                                               
She  stated that  the way  training hours  are currently  counted                                                               
creates  confusion,  and  this   can  result  in  some  associate                                                               
counselor  training  hours not  being  credited  correctly.   She                                                               
added  that  the bill  would  also  reduce financial  burdens  on                                                               
counseling  practices   because  associate  counselors   are  not                                                               
currently covered by insurance companies.                                                                                       
                                                                                                                                
3:54:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  asked  whether   a  patient  would  face                                                               
greater risk if seen by an associate counselor.                                                                                 
                                                                                                                                
MS.  BORDER  answered that  an  associate  counselor would  still                                                               
require supervision, so  there would not be additional  risk.  In                                                               
response  to  a follow-up  question,  she  said that  many  other                                                               
states have  licenses for associate  counselors.  She  added that                                                               
different   professions  have   different   levels  of   training                                                               
involved.                                                                                                                       
                                                                                                                                
3:58:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRAX asked  whether Ms.  Border is  familiar with                                                               
malpractice insurance.                                                                                                          
                                                                                                                                
MS. BORDER  answered yes.   She  added that  even interns  in her                                                               
field require malpractice insurance.   In response to a follow-up                                                               
question,  she   said  that   malpractice  insurance   varies  by                                                               
practice.                                                                                                                       
                                                                                                                                
4:01:56 PM                                                                                                                    
                                                                                                                                
RACHEL BUDDIN-YOUNG, Member,  Professional Counselors Board, gave                                                               
public testimony in support of HB 126.   She shared that she is a                                                               
licensed  counselor  and  stated  that  the  bill  would  improve                                                               
professionalism by  providing a  clearer path for  those recently                                                               
receiving a  master's degree.  She  reiterated previous testimony                                                               
in that  training hours  can be done  with the  wrong supervision                                                               
and cause  training hours not to  be counted.  She  expressed the                                                               
opinion that creating an associate  license would allow those who                                                               
have earned master's  degrees to receive guidance  and the proper                                                               
training.    She stated  that  approximately  60 percent  of  the                                                               
country has a similar type of license.                                                                                          
                                                                                                                                
4:06:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRAX asked whether  it is correct that individuals                                                               
with a  master's degree who work  at a government agency  can use                                                               
those hours to earn their license.                                                                                              
                                                                                                                                
MS. BUDDIN-YOUNG answered that earning  hours towards receiving a                                                               
license   requires  supervision   by  a   state  board   approved                                                               
individual.   She added that the  supervisor does not have  to be                                                               
part  of any  government  agency.   In  response  to a  follow-up                                                               
question, she  said it is  correct that insurance  companies will                                                               
not cover unlicensed trainees.                                                                                                  
                                                                                                                                
4:09:46 PM                                                                                                                    
                                                                                                                                
VICE CHAIR  RUFFRIDGE, after ascertaining  there was no  one else                                                               
who wished to testify, closed public testimony.                                                                                 
                                                                                                                                
4:09:58 PM                                                                                                                    
                                                                                                                                
VICE CHAIR RUFFRIDGE announced that HB 126 was held over.                                                                       
                                                                                                                                
4:10:03 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Labor and  Commerce Standing Committee  meeting was  adjourned at                                                               
4:10 p.m.                                                                                                                       

Document Name Date/Time Subjects
HB0021A.PDF HL&C 4/21/2023 3:15:00 PM
HB 21