Legislature(2021 - 2022)BELTZ 105 (TSBldg)

05/14/2021 01:30 PM Senate LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 126 EXTEND BOARD OF PUBLIC ACCOUNTANCY TELECONFERENCED
Moved HB 126 Out of Committee
<Bill Hearing Rescheduled from 05/10/2021>
-- Invited & Public Testimony --
+ SB 131 WORKERS' COMP DISABILITY FOR FIREFIGHTERS TELECONFERENCED
Moved SB 131 Out of Committee
-- Invited & Public Testimony --
+= SB 41 HEALTH INSURANCE INFO.; INCENTIVE PROGRAM TELECONFERENCED
<Bill Hearing Canceled>
-- Invited & Public Testimony --
+= SB 38 NATUROPATHS: LICENSING; PRACTICE TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
           HB 126-EXTEND BOARD OF PUBLIC ACCOUNTANCY                                                                        
                                                                                                                                
1:31:45 PM                                                                                                                    
CHAIR COSTELLO announced the consideration  of HOUSE BILL NO. 126                                                               
"An Act  extending the  termination date of  the Board  of Public                                                               
Accountancy; and providing for an effective date."                                                                              
                                                                                                                                
1:32:01 PM                                                                                                                    
REPRESENTATIVE STEVE THOMPSON,  Alaska State Legislature, Juneau,                                                               
Alaska,  introduced HB  126  paraphrasing  the following  sponsor                                                               
statement:                                                                                                                      
                                                                                                                                
     HB 126  extends the termination  date for the  Board of                                                                    
     Public  Accountancy  for  eight years  until  June  30,                                                                    
     2029.                                                                                                                      
                                                                                                                                
     Legislative Audit conducted their  review of this board                                                                    
     and  concluded that  "?the  board  served the  public's                                                                    
     interest  by  conducting  meetings in  accordance  with                                                                    
     state  laws, amending  certain  regulations to  improve                                                                    
     the  public  accountancy  occupation,  and  effectively                                                                    
     licensing and  regulating certified  public accountants                                                                    
     and partnerships/corporations  engaged in  the practice                                                                    
     of public accountancy."                                                                                                    
                                                                                                                                
     The  Board  of  Public Accountancy  consists  of  seven                                                                    
     members  appointed by  the Governor.  Five members  are                                                                    
     certified  public  accountants or  public  accountants,                                                                    
     and two members are public members.                                                                                        
                                                                                                                                
     Extending the  Board of Public Accountancy  is critical                                                                    
     in  protecting the  public  interest  by ensuring  that                                                                    
     only   qualified  persons   are   licensed,  and   that                                                                    
     appropriate  standards of  competency and  practice are                                                                    
     established and enforced.                                                                                                  
                                                                                                                                
REPRESENTATIVE  THOMPSON disclosed  that his  wife is  a CPA  and                                                               
past member of the Board of Public Accountancy.                                                                                 
                                                                                                                                
1:33:36 PM                                                                                                                    
KRIS CURTIS, Legislative Auditor,  Division of Legislative Audit,                                                               
Alaska  State  Legislature,  Juneau,   Alaska,  stated  that  the                                                               
Division of  Legislative Audit  conducted a  sunset audit  of the                                                               
Board  of  Public  Accountancy  the   purpose  of  which  was  to                                                               
determine whether the board is  serving the public's interest and                                                               
should be extended.                                                                                                             
                                                                                                                                
She reported that  the audit concluded that the  board served the                                                               
public's  interest  by  conducting meetings  in  accordance  with                                                               
state  law,  by  amending  certain  regulations  to  improve  the                                                               
occupation,   and  by   effectively   licensing  and   regulating                                                               
certified  public   accountants  and  those  engaged   in  public                                                               
accountancy. The division recommends  that the legislature extend                                                               
the board for 8 years, which is the maximum allowed by statute.                                                                 
                                                                                                                                
1:34:23 PM                                                                                                                    
MS.  CURTIS   directed  attention   to  the   standard  licensing                                                               
statistics on page  5 of the audit [copies  in members' packets].                                                               
She said  the exhibit shows that  as of January 2020,  there were                                                               
1,320 active  licenses and  permits in  the state.  This is  a 10                                                               
percent increase  compared to  the prior  2012 sunset  audit. The                                                               
auditors found that  the reason for the increase  was that Alaska                                                               
is among the  few states that does not require  a Social Security                                                               
number for licensure.  This resulted in the  board receiving many                                                               
international applications.                                                                                                     
                                                                                                                                
She  directed  attention  to  the  list  of  board  revenues  and                                                               
expenditures on page 7. As of the  end of FY2019, the board had a                                                               
surplus of  just more than  $84,000. The  schedule of fees  is on                                                               
page 8.                                                                                                                         
                                                                                                                                
MS.  CURTIS said  the  audit  recommends, on  page  11, that  the                                                               
Division of Corporations,  Business, and Professional Licensing's                                                               
chief  investigator ensure  timely completion  of investigations.                                                               
Auditors found that  from July 2016 through January  2020, 101 or                                                               
40 percent  of those cases  were open for  more than 180  days. A                                                               
review  of five  of those  cases found  that two  had periods  of                                                               
unjustified inactivity ranging from 64-219 days.                                                                                
                                                                                                                                
MS. CURTIS  directed attention  to the response  to the  audit on                                                               
page 21. She reported that  the commissioner of the Department of                                                               
Commerce,  Community, and  Economic Development  agreed with  the                                                               
conclusions  of the  report  except for  the  conclusion that  40                                                               
percent of investigations  took over six months  to complete. The                                                               
commissioner  stated, "The  Division  of Corporations,  Business,                                                               
and   Professional  Licensing   has  no   control  over   how  an                                                               
investigation will unfold  or how long it will take,  and it does                                                               
not have  a policy  that all  investigations should  be completed                                                               
within  any   specific  timeframe."  She  highlighted   that  the                                                               
commissioner   did   authorize    an   additional   investigative                                                               
supervisor to reduce caseloads.                                                                                                 
                                                                                                                                
1:36:32 PM                                                                                                                    
MS. CURTIS  stated that the  commissioner also took  exception to                                                               
the  conclusion  that the  use  of  technology had  affected  the                                                               
board's operations,  arguing that  the existing  technology tools                                                               
have been successful for all the boards.                                                                                        
                                                                                                                                
MS. CURTIS directed  attention to the response from  the chair of                                                               
the board  that begins  on page  25. The  chair did  not disagree                                                               
with the  conclusions but did  highlight a disagreement  that the                                                               
board  is  having  with  the   division  about  what  constitutes                                                               
essential travel.                                                                                                               
                                                                                                                                
1:37:07 PM                                                                                                                    
CHAIR  COSTELLO asked  for the  number  of licensed  CPAs in  the                                                               
state.                                                                                                                          
                                                                                                                                
MS. CURTIS answered  that there are 1,118,  including herself and                                                               
many of her staff.                                                                                                              
                                                                                                                                
CHAIR COSTELLO moved to invited testimony.                                                                                      
                                                                                                                                
1:37:52 PM                                                                                                                    
LESLIE SCHMITZ,  Chair, Board of Public  Accountancy, Division of                                                               
Corporations, Business and  Professional Licensing, Department of                                                               
Commerce, Community and  Economic Development, Anchorage, Alaska,                                                               
stated that  she was  serving her  eighth and  final year  on the                                                               
board.  She  thanked  the  Division   of  Legislative  Audit  for                                                               
recommending the 8-year extension for  the board. She stated that                                                               
the board tries to be  interactive with stakeholders, the public,                                                               
and licensees and  attempts to stay active at  the national level                                                               
to address issues  that affect the profession.  She reported that                                                               
the board also maintains ongoing  projects to update its statutes                                                               
and regulations to  stay current with national  trends. On behalf                                                               
of the board, she thanked the committee for hearing HB 126.                                                                     
                                                                                                                                
1:39:03 PM                                                                                                                    
CHAIR COSTELLO opened public testimony on HB 126.                                                                               
                                                                                                                                
1:39:20 PM                                                                                                                    
CRISTA  BURSON,  President  and   CEO,  Alaska  Society  of  CPAs                                                               
(Alaska-CPA), Anchorage,  Alaska, stated  support for HB  126 and                                                               
extending  the   termination  date   for  the  Board   of  Public                                                               
Accountancy  for the  maximum eight  years. She  said this  board                                                               
operates  in  the  public's  interest  and  provides  appropriate                                                               
regulatory  oversight  of  Alaska  licensed CPAs.  The  board  is                                                               
inclusive of  all interested  parties and it  has a  positive and                                                               
collaborative  relationship  with  Alaska-CPA.  She  thanked  the                                                               
committee for its consideration of the bill.                                                                                    
                                                                                                                                
1:40:21 PM                                                                                                                    
CHAIR COSTELLO closed public testimony  on HB 126. She asked Sara                                                               
Chambers  to comment  on the  timeliness  of investigations.  She                                                               
offered her understanding  that the board is  not responsible for                                                               
the timing of an investigation once it starts.                                                                                  
                                                                                                                                
1:41:03 PM                                                                                                                    
SARA CHAMBERS, Director, Division  of Corporations, Business, and                                                               
Professional  Licensing, Department  of  Commerce, Community  and                                                               
Economic Development,  Juneau, Alaska, stated  that investigative                                                               
timeliness is  the responsibility of the  division investigators.                                                               
None of the  cases Ms. Curtis mentioned related  to board action.                                                               
Rather, they were delays that  sometimes occur through the normal                                                               
investigative process  such as life, health,  and safety matters,                                                               
which receive  priority above most  other investigations  for the                                                               
CPA Board. The  concern she and Ms. Curtis discussed  is that the                                                               
division  is not  adequately documenting  the  rationale for  the                                                               
delays. That is not a board  responsibility but it is a reporting                                                               
criterion of the audit.                                                                                                         
                                                                                                                                
CHAIR  COSTELLO asked  for the  number of  division investigators                                                               
the number of boards and commissions in the state.                                                                              
                                                                                                                                
MS.  CHAMBERS answered  that the  division oversees  43 licensing                                                               
programs  and it  has 18  professional  investigators. She  noted                                                               
that some of the programs  have multiple investigators working on                                                               
them  and   some  programs,  like   the  CPA  Board,   share  one                                                               
investigator among several boards.                                                                                              
                                                                                                                                
CHAIR COSTELLO asked  if COVID-19 affected the  timeliness of the                                                               
investigations.                                                                                                                 
                                                                                                                                
MS. CHAMBERS said no; in  fact, the efficiencies the division has                                                               
been working  on over  the last year  have shortened  the average                                                               
closure time for cases by 100 days.                                                                                             
                                                                                                                                
1:45:14 PM                                                                                                                    
CHAIR  COSTELLO   asked  her  to   provide  information   on  the                                                               
timeliness of all the investigations the division undertakes.                                                                   
                                                                                                                                
MS.  CHAMBERS agreed  to run  the report  and forward  it to  the                                                               
committee as soon as possible.                                                                                                  
                                                                                                                                
1:45:49 PM                                                                                                                    
SENATOR  GRAY-JACKSON moved  to  report HB  126,  work order  32-                                                               
LS0429\A,  from  committee  with individual  recommendations  and                                                               
attached fiscal note(s).                                                                                                        
                                                                                                                                
CHAIR COSTELLO  found no objection  and HB 126 was  reported from                                                               
the Senate Labor and Commerce Committee.                                                                                        
                                                                                                                                
1:46:15 PM                                                                                                                    
REPRESENTATIVE   THOMPSON   thanked   the   committee   for   its                                                               
consideration.                                                                                                                  

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