03/12/2021 03:15 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| Board of Chiropractic Examiners | |
| Board of Nursing | |
| SB24 | |
| HB36 | |
| HB99 | |
| SB24 | |
| HB36 | |
| HB99 | |
| Board of Nursing | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 24 | TELECONFERENCED | |
| += | HB 36 | TELECONFERENCED | |
| += | HB 99 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
March 12, 2021
3:24 p.m.
MEMBERS PRESENT
Representative Ivy Spohnholz, Co-Chair
Representative Calvin Schrage
Representative Liz Snyder (via teleconference)
Representative David Nelson
Representative James Kaufman
Representative Ken McCarty
MEMBERS ABSENT
Representative Zack Fields, Co-Chair
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
Alaska Workers Compensation Board
Bronson Frye - Anchorage
Christina Gilbert - Juneau
- HEARD AND HELD
Board of Chiropractic Examiners
Brian Larson - Soldotna
- HEARD AND HELD
Board of Nursing
Catherine Hample - Wasilla
- CONFIRMATION(S) ADVANCED
Alaska Labor Relations Agency
Tyler Andrews - Anchorage
- SCHEDULED BUT NOT HEARD
CS FOR SENATE BILL NO. 24(L&C)
"An Act relating to holding corporate meetings by remote
communication; allowing voting by remote communication at
corporate meetings; making shareholder lists available
electronically; relating to for-profit and nonprofit
corporations; relating to business and industrial development
corporations; relating to Native corporations; relating to the
Alaska Banking Code; and providing for an effective date."
- MOVED HCS SB 24(L&C) OUT OF COMMITTEE
HOUSE BILL NO. 36
"An Act relating to an application for a license to operate as a
dealer in motor vehicles; and requiring a dealer in motor
vehicles to maintain liability and property insurance."
- MOVED HB 36 OUT OF COMMITTEE
HOUSE BILL NO. 99
"An Act relating to the State Physical Therapy and Occupational
Therapy Board; relating to the practice of physical therapy; and
relating to the practice of occupational therapy."
- MOVED HB 99 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 24
SHORT TITLE: VIRTUAL MEETINGS FOR CORPORATIONS
SPONSOR(s): SENATOR(s) WILSON
01/22/21 (S) PREFILE RELEASED 1/8/21
01/22/21 (S) READ THE FIRST TIME - REFERRALS
01/22/21 (S) L&C
02/08/21 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/08/21 (S) Heard & Held
02/08/21 (S) MINUTE(L&C)
02/17/21 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/17/21 (S) Moved CSSB 24(L&C) Out of Committee
02/17/21 (S) MINUTE(L&C)
02/22/21 (S) L&C RPT CS 5DP NEW TITLE
02/22/21 (S) DP: COSTELLO, GRAY-JACKSON, STEVENS,
REVAK, HOLLAND
03/01/21 (S) TRANSMITTED TO (H)
03/01/21 (S) VERSION: CSSB 24(L&C)
03/03/21 (H) READ THE FIRST TIME - REFERRALS
03/03/21 (H) L&C
03/10/21 (H) L&C AT 5:45 PM BARNES 124
03/10/21 (H) Heard & Held
03/10/21 (H) MINUTE(L&C)
03/12/21 (H) L&C AT 03:15 PM BARNES 124
BILL: HB 36
SHORT TITLE: MOTOR VEHICLE DEALERS: APPLIC.; INSURANCE
SPONSOR(s): REPRESENTATIVE(s) CLAMAN
02/18/21 (H) PREFILE RELEASED 1/8/21
02/18/21 (H) READ THE FIRST TIME - REFERRALS
02/18/21 (H) L&C, FIN
03/03/21 (H) FIN REFERRAL REMOVED
03/03/21 (H) L&C AT 5:45 PM BARNES 124
03/03/21 (H) Heard & Held
03/03/21 (H) MINUTE(L&C)
03/12/21 (H) L&C AT 03:15 PM BARNES 124
BILL: HB 99
SHORT TITLE: PHYSICAL/OCCUPATIONAL THERAPY BD/PRACTICE
SPONSOR(s): REPRESENTATIVE(s) CLAMAN
02/18/21 (H) READ THE FIRST TIME - REFERRALS
02/18/21 (H) HSS, L&C
02/19/21 (H) HSS REFERRAL REMOVED
02/19/21 (H) FIN REFERRAL ADDED AFTER L&C
02/19/21 (H) BILL REPRINTED
03/05/21 (H) L&C AT 3:15 PM BARNES 124
03/05/21 (H) Heard & Held
03/05/21 (H) MINUTE(L&C)
03/12/21 (H) L&C AT 03:15 PM BARNES 124
WITNESS REGISTER
BRONSON FRYE, Appointee
Alaska Workers' Compensation Board
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the Alaska
Workers' Compensation Board.
CHRISTINA GILBERT
Appointee
Alaska Workers' Compensation Board
Juneau, Alaska
POSITION STATEMENT: Spoke as an appointee to the Alaska
Workers' Compensation Board.
BRIAN LARSON, Appointee
Board of Chiropractic Examiners
Soldotna, Alaska
POSITION STATEMENT: Spoke as an appointee to the Board of
Chiropractic Examiners.
CATHERINE HAMPLE, Appointee
Board of Nursing
Wasilla, Alaska
POSITION STATEMENT: Spoke as an appointee to the Board of
Nursing.
BONNIE PASKVAN, Partner
Dorsey and Whitney Law Firm
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 24.
LINDSEY HOLMES
NANA Regional Corporation
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 24.
ERROL CHAMPION, Chair
Legislative Issues Committee
Alaska Realtors
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 24.
ANDREA GUSTY, President and CEO
Kuskokwim Corporation
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 24.
KARA MORIARTY, President and CEO
Alaska Oil and Gas Association
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 24.
SOPHIE JONAS, Staff
Representative Matt Claman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
36 on behalf of Representative Claman, prime sponsor.
STEVE ALLWINE, Board of Directors
Alaska Auto Dealers Association
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
36.
MARCUS WAEHLER, Member
Alaska Auto Dealers Association
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing of HB
36.
SCOTTY ORR, Legislative Chair
Alaska Occupational Therapy Association
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 99.
LEEANNE CARROTHERS, Government Affairs Liaison
Alaska Physical Therapy Association
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 99.
KEITH POORBAUGH
State Licensing Board for Physical Therapy and Occupational
Therapy
Wasilla, Alaska
POSITION STATEMENT: Testified in support of HB 99.
NANCY LOVERING
Alaska Speech and Hearing Association
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 99.
JULIE AMENT
Physical Therapist
North Pole, Alaska
POSITION STATEMENT: Testified in support of HB 99.
MEGHAN PUDELER, State Affairs Manager
American Occupational Therapy Association
Bethesda, Maryland
POSITION STATEMENT: Testified in support of HB 99.
DANIEL MARKELS, State Affairs Manager
American Physical Therapy Association
Alexandria, Virginia
POSITION STATEMENT: Testified in support of HB 99.
ACTION NARRATIVE
3:24:16 PM
CO-CHAIR IVY SPOHNHOLZ called the House Labor and Commerce
Standing Committee meeting to order at 3:24 p.m.
Representatives Spohnholz, Schrage, Nelson, Kaufman, Snyder (via
teleconference) and McCarty were present at the call to order.
^CONFIRMATION HEARING(S):
CONFIRMATION HEARING(S):
^Alaska Workers' Compensation Board
Alaska Workers Compensation Board
^Board of Chiropractic Examiners
Board of Chiropractic Examiners
3:27:49 PM
CO-CHAIR SPOHNHOLZ announced that the first order of business
would be confirmation hearings on the governor's appointees to
the Alaska Workers' Compensation Board and the Board of
Chiropractic Examiners.
3:29:22 PM
BRONSON FRYE, Appointee, Alaska Workers' Compensation Board,
shared that he has served on the board for the last three years
and that it would be an honor to continue to serve on the board.
He explained that he wants to continue to serve because he wants
to help injured workers and ensure fair treatment, and also to
help lower the workers 'compensation rates for the State of
Alaska. He said that working with the industry representative
and the hearing officer on individual workers' compensation
cases is the way to make sure the process operates smoothly and
fairly. He opined that the workers' compensation system is
operating as intended, and shared his recollection that the
board, the hearing officer, and the industry representative have
been able to arrive at a consensus in 100 percent of the cases
he's heard. He concluded that this is an example of a group
that is working well together.
3:31:47 PM
REPRESENTATIVE MCCARTY asked Mr. Frye to share some challenges
that employers experience regarding workers' compensation.
MR. FRYE responded that there are many factors that go into
improving rates, and while there has been an improvement, Alaska
rates are still high compared to other states. He added that he
has served on a couple of working groups related to evidence-
based treatment guidelines and drug formularies in the workers'
compensation systems. He said that he and a couple of other
board members are currently researching the use of these
evidence-based guidelines in other states to see if it might be
an appropriate strategy for Alaska.
REPRESENTATIVE MCCARTY asked if Mr. Frye has heard about other
states sending injured workers out of the country to get
treatment.
MR. FRYE responded no, he hasn't heard of any specific cases
like that.
3:34:40 PM
CO-CHAIR SPOHNHOLZ shared her understanding that workers'
compensation rates in Alaska have gone down for the last five
years, which is a sign of the progress being made. She
commented that there is an intersection of workers' compensation
rates and the cost of health care in Alaska, which is very high.
She opined that these high costs are a major driving force, and
that Representative McCarty may have been referencing the move
towards medical tourism as a way of reducing health care costs.
3:35:13 PM
REPRESENTATIVE SCHRAGE thanked Mr. Frye for his work on the
board and for his willingness to continue to serve.
3:35:36 PM
CO-CHAIR SPOHNHOLZ opened public testimony for the confirmation
hearing for Bronson Frye, appointee to the Alaska Workers'
Compensation Board. After ascertaining that there was no one
who wished to testify, she closed public testimony.
3:35:57 PM
CHRISTINA GILBERT, Appointee, Alaska Workers' Compensation
Board, shared that she moved to Alaska five years ago and is the
human relations (HR) Manager for Alaska Kensington Mine. She
said that she has been in HR for over 20 years and that a
majority of that time has been focused on workers' compensation
duties and responsibilities. She said she is excited to share
her experience and looking forward to expanding upon her
knowledge and giving back to the state through serving on the
board.
3:37:10 PM
REPRESENTATIVE MCCARTY asked Ms. Gilbert what inspired her to
serve on the board.
MS. GILBERT restated she wants to give back to the state and
expand her knowledge. She stated that she enjoys helping
employees and that serving on the board allows her to help
everyone understand the rules and regulations and to ensure fair
treatment.
REPRESENTATIVE MCCARTY asked if she could share some examples of
challenges that employees experience regarding workers'
compensation.
MS. GILBERT responded that employees struggle with getting the
care that they need or request. Employees also struggle with
understanding when they can and can't get care, and with the
reasoning behind these decisions.
3:39:00 PM
CO-CHAIR SPOHNHOLZ opened public testimony for the confirmation
hearing for Christina Gilbert, appointee to the Alaska Workers'
Compensation Board. After ascertaining that there was no one
who wished to testify, she closed public testimony.
3:39:24 PM
BRIAN LARSON, Appointee, Board of Chiropractic Examiners, said
that he is a chiropractic physician and specializes in sports
injuries. He said that he is one of two diplomates of the
American Chiropractic Board of Sports Physicians and one of
about 25 certified chiropractic sport physicians in the state of
Alaska and one of about 300 diplomates nationwide. He stated
that he has been working in Alaska for over 17 years and has
worked with student athletes as well as the general population
both in the Matanuska-Susitna ("Mat-Su") Valley and in the
Soldotna/Kenai area. He explained that he was originally
appointed to the board under former Alaska State Governor Bill
Walker and served for two years, and then was appointed by
Alaska State Governor Mike Dunleavy and has served another two
years under him as the chair of the board.
3:41:29 PM
CO-CHAIR SPOHNHOLZ asked if Mr. Larson could share some examples
of accomplishments that he's proud of during his time on the
board.
MR. LARSON listed reviewing the activities and responding to
complaints from the public about the behavior of chiropractic
professionals around the state. He shared that he has been a
"sounding board" for the Department of Investigations and made
determinations on whether investigations should be opened and
continued. He said that he also has participated in the
discipline of chiropractic physicians around the state. He
explained that these are not actions that he is necessarily
proud of, but the actions have been necessary. He stated that
these ongoing investigations are an example of issues that the
board will need to address. The goals of the board, he
continued, is to protect the physical and financial health of
the people of the state of Alaska and to protect chiropractic
physicians and advance the profession. The board has given
attention to the scope of practice of chiropractors as regulated
in statute. He shared that the board has appointed him and
fellow board member Dr. James Morris to create a bill to
restructure the statues relating to the scope of practice of
chiropractic physicians with the intent to expand upon and
clarify the scope. He shared that he reached out to Alaska
State Senate President Peter Micchiche to see if he might
support such a bill, but he has not heard back from the Senate
President yet.
3:44:45 PM
CO-CHAIR SPOHNHOLZ asked Mr. Larson to expand upon the changes
in practice that the board recommends right now.
MR. LARSON responded that the first change is to revise the
definition of what chiropractors do. He said that chiropractors
can't agree on the definition of what a subluxation complex is,
though he shared his understanding that the other sectors of
health care can agree. He shared that one of the things the
board is working on doing is bringing uniformity to issues like
this. The definitions are not current or accurate and he said
that he would like to work with the board to improve them. He
identified that these incomplete or incorrect definitions have
caused confusion and have caused some chiropractors to get in
trouble with insurance companies in particular.
MR. LARSON continued that the board would also like to expand
the scope of practice to include dry needling again because
currently, a hypodermic "dry" needle is considered a surgical
event and chiropractors are not permitted to dry needle. He
explained that for this reason, chiropractors can't perform
acupuncture because it involves dry needling. He said another
event the board is working on is bringing testing, statutory
policies, and chiropractic regulations for new licenses and
making this available to license applications nationwide instead
of requiring license applicants to travel to the state of Alaska
for this benefit. There are no chiropractic schools in Alaska
and it's a huge cost for them to accommodate that testing in
Alaska. He shared that this is an issue that the board plans to
address at the next meeting.
3:50:16 PM
CO-CHAIR SPOHNHOLZ concluded that the board has been working on
some complex issues.
3:50:56 PM
CO-CHAIR SPOHNHOLZ opened public testimony for the confirmation
hearing for Brian Larson, appointee to the Board of Chiropractic
Examiners. After ascertaining that there was no one who wished
to testify, she closed public testimony.
[The confirmation hearings for Bronson Frye and Christina
Gilbert, appointees to the Alaska Workers' Compensation Board,
and Brian Larson, appointee to the Board of Chiropractic
Examiners were held over.]
3:51:10 PM
The committee took a brief at-ease.
^CONFIRMATION HEARING(S):
CONFIRMATION HEARING(S):
^Board of Nursing
Board of Nursing
3:51:56 PM
CO-CHAIR SPOHNHOLZ announced that the next order of business
would be a confirmation hearing in consideration of a governor's
appointee to the Board of Nursing.
CO-CHAIR SPOHNHOLZ noted that the committee would be hearing
from Catherine Hample, appointee to the Board of Nursing, for a
second time because there were some questions from committee
members after her previous hearing on March 3rd, 2021. She
invited questions from the committee for Ms. Hample.
3:52:51 PM
REPRESENTATIVE SNYDER shared that the committee had the
impression during Ms. Hample's previous confirmation hearing
that she had earned her doctorate, but after looking at Ms.
Hample's resume it appeared as though she had not yet done her
dissertation. She asked Ms. Hample about the status of her
doctorate.
3:53:42 PM
CATHERINE HAMPLE, Appointee, Board of Nursing, responded that
she has completed all required credits but has not yet done her
dissertation.
REPRESENTATIVE SNYDER asked if she has defended her
dissertation.
MS. HAMPLE responded no, but that she has everything done except
for that.
3:54:40 PM
CO-CHAIR SPOHNHOLZ noted that Ms. Hample's resume still lists
her as an adjunct professor at the University of Alaska
Anchorage(UAA). She asked if she teaches at UAA.
MS. HAMPLE responded no, at the time she was originally
appointed to the Board of Nursing in 2019, she was staff at UAA,
but she moved to Charter College in May of 2020.
CO-CHAIR SPOHNHOLZ shared her understanding that the committee
may have an outdated resume for her.
MS. HAMPLE responded that she hasn't sent in another resume
since her original appointment.
CO-CHAIR SPOHNHOLZ confirmed that the committee likely has an
outdated resume because the copy the committee has states that
Ms. Hample is currently an adjunct professor at UAA. This
confusion is one of the reasons the committee wanted to follow
up with her, she explained.
MS. HAMPLE reiterated that she left UAA in May of 2020 and
started at Charter College that same month.
CO-CHAIR SPOHNHOLZ pointed out that May of 2019 would be almost
two years ago at this point.
MS. HAMPLE responded that was when she was appointed, yes. She
clarified that she changed jobs in 2020, but was appointed to
the board in 2019.
3:56:14 PM
REPRESENTATIVE MCCARTY asked if Ms. Hample could share what
challenges she sees regarding getting nurses to come to Alaska.
MS. HAMPLE responded that the National Licensure Compact would
be a beneficial tool to help get nurses into the state. She
clarified that it doesn't change requirements for nurses and is
stricter than the regulations in Alaska. She added that it can
be expensive for travelers in particular to have multiple
licenses in multiple states.
3:57:16 PM
CO-CHAIR SPOHNHOLZ noted that Ms. Hample's resume indicates that
she was previously in Jackson, Mississippi, and that Mississippi
is a Nurse Licensure Compact state. She asked in which ways the
compact is stricter than the licensing in Alaska.
MS. HAMPLE responded that she doesn't have information in front
of her but that the board did find some discrepancies in
requirements between the two when they looked at it last year.
She said that she can provide that information to the committee.
CO-CHAIR SPOHNHOLZ asked if there are some ways that the Nurse
Licensure Compact standards are less rigorous than the State of
Alaska's standards.
MS. HAMPLE responded no.
CO-CHAIR SPOHNHOLZ commented that she has heard the opposite
information from nurses from the Alaska Nursing Association, who
shared with her that they are concerned that following the
compact's standards would result in watering down the quality of
nurses in Alaska.
MS. HAMPLE replied that there are very few states across the
country that are not part of the compact. She shared that many
states have been happy with the changes it has made to their
practices. She explained that, for example, if a nurse who is
licensed in Washington comes to Alaska, the nurse would still
need to follow the laws in Alaska, and if that nurse were to do
something wrong, the investigation would be the same regardless
of the type of license they possess.
CO-CHAIR SPOHNHOLZ shared her understanding of Ms. Hample's
answer that the laws for nurses would remain the same, but the
standards to become a nurse would be different.
MS. HAMPLE responded that that is correct, and there will still
be reporting within the state when a nurse violates practice in
order to ensure that Alaska has safe nurses providing care.
CO-CHAIR SPOHNHOLZ asked if that does that not happen already.
MS. HAMPLE replied that it does happen, but that there is
concern from entities such as the National Nurses Associate that
it is going to water down regulations in the state. She
emphasized that it's not going to change the ways in which
nurses are held accountable or the regulations.
CO-CHAIR SPOHNHOLZ shared her understanding that Ms. Hample
suggested that the compact would mean the state can report and
share violations with other states. She asked if that is
already something the state can do.
MS. HAMPLE responded yes, the state can already do that, but the
talk "out there" is that the authority to do that will be taken
away and that the National Licensure Compact is going to absorb
that duty, which is incorrect.
[The confirmation hearing for Catherine Hample, appointee to the
Board of Nurses, was set aside and addressed later in the
meeting.]
SB 24-VIRTUAL MEETINGS FOR CORPORATIONS
4:00:38 PM
CO-CHAIR SPOHNHOLZ announced that the next order of business
would be CS FOR SENATE BILL NO. 24(L&C), "An Act relating to
holding corporate meetings by remote communication; allowing
voting by remote communication at corporate meetings; making
shareholder lists available electronically; relating to for-
profit and nonprofit corporations; relating to business and
industrial development corporations; relating to Native
corporations; relating to the Alaska Banking Code; and providing
for an effective date." [Before the committee was CSSB
24(L&C).]
4:01:14 PM
CO-CHAIR SPOHNHOLZ moved to adopt Amendment 1 to CSSB 24(L&C),
labeled 32-LS0213\B.1, Bannister, 3/11/21, which read as
follows:
Page 7, line 29, following "with":
Insert "and hear"
4:01:18 PM
REPRESENTATIVE SCHRAGE objected for the purpose of discussion.
4:01:26 PM
The committee took a brief at-ease.
4:01:51 PM
CO-CHAIR SPOHNHOLZ explained the changes found in Amendment 1.
She said that the purpose of this amendment is to respond to the
Foraker Group's concern by specifying that non-profit
organizations cannot use email communication as a method to
vote, and that meetings need to be live so that voting can take
place simultaneously. She added that Legislative Legal Services
offered its understand that including the word "simultaneous"
allowed for meetings to still be considered live and functioning
even if there is a "blip" in the meeting, which she noted does
happen, as the committee has experienced itself. She said that
she wants to avoid that "blip" negating the legitimacy of the
meeting. She shared that she worked with the bill's sponsor on
the amendment and the sponsor supports the change. She
concluded that she thinks Amendment 1 addresses the Foraker
Group's concerns and specifically crafts legislation in a way
that serves the nonprofit community.
4:03:20 PM
REPRESENTATIVE MCCARTY commented that he supports Amendment 1.
4:03:42 PM
REPRESENTATIVE SCHRAGE withdrew his objection to the motion to
adopt Amendment 1. There being no further objection, Amendment
1 was adopted.
4:04:04 PM
CO-CHAIR SPOHNHOLZ opened public testimony on CSSB 24(L&C).
4:04:19 PM
BONNIE PASKVAN, Partner, Dorsey and Whitney Law Firm, shared
that she is the co-chair of the national Indian and Alaska
Native Law Practice Group at Dorsey and Whitney Law Firm, where
she is also a partner. She explained that as a pro-bono effort
and not on behalf of any specific client, Dorsey and Whitney
proposed language to Alaska State Senator David Wilson to
permanently amend Alaska's corporations code to allow
corporations to hold their regular, annual, and special meetings
in person, virtually, via hybrid meetings by remote
communications, and she noted that the committee was currently
conducting a hybrid meeting.
MS. PASKVAN expressed her appreciation for the Alaska Native
Claims Settlement Act (ANCSA) Regional Association, which
submitted a letter of support for SB 24 on February 16th, 2021,
and noted that ANCSA represents over 13,000 shareholders. In
March of 2020, many clients came to her and her colleagues to
ask how to legally conduct shareholder meetings during a
pandemic because Alaska statutes only permit expressly in-person
meetings, she explained. She noted that in her research, she
learned that Alaska was one of only nine states nationally that
require in-person annual meetings and special meetings. She
stated that Dorsey and Whitney requests the committee's
immediate approval and movement of SB 24 so that Alaska can join
the vast majority of the United States giving corporations the
right to hold their meetings in a variety of ways. She added
that the firm has received no opposition in any of its
discussions with any of the different corporations and their
members to allow hybrid or virtual meetings. She stated that
the firm considers SB 24 to be a small modernization effort that
would give corporations more tools in their toolbox and would
allow corporate shareholders to attend and participate in
meeting virtually which would save time, money, and relieve the
stress of having to travel or get off work.
MS. PASKVAN continued that the firm urges the committee to pass
SB 24 as quickly as possible and shared her understanding that
the proposed legislation is time sensitive because corporations
do not want to hold in-person meetings yet, and these
corporations are mandated by law to hold annual meetings. She
noted that there are some meetings scheduled to meet as soon as
the end of next week. She concluded that the passage of SB 24
quickly would add certainty and clarity for Alaska corporations
and legally empower corporations to hold meetings virtually or
in a hybrid fashion, as the committee is currently doing.
4:07:50 PM
CO-CHAIR SPOHNHOLZ thanked Ms. Paskvan for her testimony and
pro-bono work. She assured her that the committee intends to
pass SB 24 as quickly as possible.
4:08:01 PM
LINDSEY HOLMES, NANA Regional Corporation, shared her
understanding that in light of COVID-19, SB 24 is very
important. She agreed that corporations by law are required to
hold an annual meeting sometime between February 1st and April
30th of each year, and the bylaws for NANA Regional Corporation
also require that the meeting be held in the NANA region, which
is essentially comprised of the Northwest Arctic Borough. She
explained that NANA scheduled its upcoming annual meeting for
March 27 as a remote meeting relying on what was in the
statewide emergency order that was in place at the time. Now,
she continued, those emergency orders have expired and with no
provision in Alaska law for remote shareholder meetings, NANA
and other similarly situated companies have been put in "quite a
bind." She explained that NANA is struggling with how to honor
duties to shareholders while following the law.
MS. HOLMES continued that she is happy to see SB 24 seemingly
moving forward quickly, and is glad that the proposed bill
includes an immediate effective date and a retro-activity clause
that will protect companies like NANA that have no choice but to
hold meetings soon. She reiterated Ms. Paskvan's words and said
that NANA would appreciate the timely advancement of SB 24.
4:10:14 PM
CO-CHAIR SPOHNHOLZ recognized Ms. Holmes as a former member of
the State of Alaska House of Representatives.
4:10:31 PM
ERROL CHAMPION, Chair, Legislative Issues Committee, Alaska
Realtors, explained that Alaska Realtors acts as the voice of
Alaska real estate and represents over 1,750 of the nearly 3,000
licensed agents statewide. He said that Alaska Realtors
supports SB 24, and informed the committee that during the
Thirty-First Alaska State Legislature in 2020, Alaska Realtors
worked with the legislature and administration on legislation to
allow non-profit corporations the ability to continue to meet
through electronic means. He echoed previous testifiers by
saying that now that the disaster declaration has expired,
Alaska Realtors are in violation of "antiquated" rules and
regulations. He concluded by urging the committee to adopt SB
24 quickly.
4:12:08 PM
ANDREA GUSTY, President and CEO, Kuskokwim Corporation, shared
that less than a third of Kuskokwim Cooperation's 4,400
shareholders currently live in the Kuskokwim region.
Traditionally, she continued, the cooperation would hold the
annual meeting of shareholders in one of the ten villages
surrounding the Kuskokwim River, and the bylaws require this.
Due to COVID-19, this meeting took place virtually, she
explained, which allowed the corporation to bring information to
the people who needed it in a safe way. She added that the
corporation was also able to reach a different demographic of
shareholders, such as those who live out of the region and out
of the state, many of whom were young people who didn't have the
funds to travel and elders who had to move out of the villages
for health reasons. She stated that the virtual meeting allowed
the corporation to connect with and serve the people in a new
way.
MS. GUSTY explained that she does not know what the corporation
is going to do for the 2021 meeting as it is "far from being
back to business as usual" due to COVID-19. The Kuskokwim
Corporation took precautions early on for the safety of the
employees and the well-being of the rural communities, she
shared, and although the corporation is eager to reconnect in-
person with the people that it serves, it is not willing to put
the communities and some of the most vulnerable shareholders at
risk. She opined that the Kuskokwim region has done a great job
at mitigating the impacts of the pandemic and she doesn't want
the corporation to be the vehicle that brings the virus to the
villages. She said that SB 24 would allow for the option to
continue to hold virtual meetings into the future. Although the
corporation doesn't want to hold virtual meetings every year,
she explained that without the clear end of the pandemic in
sight, it's imperative that the option is available. She
concluded by asking the committee to pass SB 24 "as amended" as
soon as possible.
4:15:02 PM
KARA MORIARTY, President and CEO, Alaska Oil and Gas
Association, stated that as president and CEO, she is testifying
on behalf of Alaska Oil and Gas Association (AOGA) and its
members and supports SB 24. She explained that Alaska's oil and
gas operations are widespread and exist in some of the most
remote areas of the state, and with AOGA's governing boards and
committees comprised of individuals who work in such a
geographically varied industry, it is not feasible for everyone
to be physically present in the same room to conduct business.
As AOGA is considered a 501 C (6) association, the ability to
hold remote meetings whether online or via teleconference has
been critical, she opined. She said that at the start of the
pandemic, the industry moved quickly to implement procedures to
ensure the safety of its workers. One year later, she shared
her understanding that virtual meetings are still imperative to
safely operate. She restated that AOGA supports the passage of
SB 24 to ensure that all incorporated entities have the ability
to conduct business virtually or in person.
4:17:08 PM
CO-CHAIR SPOHNHOLZ, after ascertaining that no one else wished
to testify, closed public testimony on SB 24.
[CSSB 24(L&C), as amended, was set aside and taken up again
later for the purpose of a motion.]
HB 36-MOTOR VEHICLE DEALERS: APPLIC.; INSURANCE
4:17:24 PM
CO-CHAIR SPOHNHOLZ announced that the next order of business
would be HOUSE BILL NO. 36, "An Act relating to an application
for a license to operate as a dealer in motor vehicles; and
requiring a dealer in motor vehicles to maintain liability and
property insurance."
4:18:01 PM
REPRESENTATIVE MCCARTY asked for clarification on the liability
maximum of $100,000.
4:18:21 PM
SOPHIE JONAS, Staff, Representative Matt Claman, Alaska State
Legislature, on behalf of Representative Claman, prime sponsor
of HB 36, responded yes, under the proposed legislation a motor
vehicle dealer would be required to maintain public liability
and property damage insurance in amounts no less than $50,000
for damage to property, $100,000 for injury including death to
any one person, and $200,000 for injury including death to more
than one person.
REPRESENTATIVE MCCARTY asked if Ms. Jonas knew how much a dealer
would pay in liability insurance at the $100,000 level.
MS. JONAS deferred the question to the testifiers online.
4:19:36 PM
STEVE ALLWINE, Board of Directors, Alaska Auto Dealers
Association, responded that under the current policy, dealers
pay $1,000, and if this bill were to pass, that number would
change to $1,700-$1,900. He shared his understanding that this
is not a significantly higher investment, but it is enough of an
investment to make individuals applying for licenses more
invested in the license.
4:20:38 PM
REPRESENTATIVE NELSON commented that he had been concerned that
the bill would create too high of a cost barrier for an induvial
to be able to open a small used car business, but shared that he
is relieved to hear from Mr. Allwine that the cost would not
increase significantly.
MR. ALLWINE gave additional clarification the bill is not
intended to make it difficult for individuals to enter the
industry, but simply to ensure that individuals entering the
industry are responsible.
4:22:07 PM
MARCUS WAEHLER, Member, Alaska Auto Dealers Association, shared
that the current price of becoming registered to become a dealer
is about $550 for the $50,000 level.
CO-CHAIR SPOHNHOLZ added that this number was the result of a
carefully crafted compromise that was negotiated amongst auto
dealers, small and large.
4:23:10 PM
CO-CHAIR SPOHNHOLZ opened public testimony on HB 36. After
ascertaining that there was no one who wished to testify, she
closed public testimony.
[HB 36 was set aside and taken up again later for the purpose of
a motion.]
HB 99-PHYSICAL/OCCUPATIONAL THERAPY BD/PRACTICE
4:23:35 PM
CO-CHAIR SPOHNHOLZ announced that the next order of business
would be HOUSE BILL NO. 99, "An Act relating to the State
Physical Therapy and Occupational Therapy Board; relating to the
practice of physical therapy; and relating to the practice of
occupational therapy."
4:24:09 PM
CO-CHAIR SPOHNHOLZ opened public testimony on HB 99.
4:24:32 PM
SCOTTY ORR, Legislative Chair, Alaska Occupational Therapy
Association, testified in support of HB 99. He shared that he
is the former president of the association. He reflected that
in addition to balancing out the licensure board by including
three physical therapists and three occupational therapists on
the board. HB 99 would also help streamline the process for
people who are educated in a country outside of the United
States, whether they speak English or not. Currently, if an
English-speaking, foreign-educated applicant tries to apply for
licensure in Alaska, the applicant would be required to take an
English proficiency exam, even considering that the applicant
may have been educated in another English-speaking country such
as Canada or England.
CO-CHAIR SPOHNHOLZ added that the committee supports making it
easier for individuals to get licensed if they are qualified.
4:25:54 PM
LEEANNE CARROTHERS, Government Affairs Liaison, Alaska Physical
Therapy Association, noted that the Alaska Physical Therapy
("PT") Association which represents 450 licensed physical
therapists and assistants in Alaska. She declared that the
Alaska PT Association supports HB 99 and thinks that the bill
would provide many needed language and terminology changes to
the existing statutes. This would bring Alaska in line with
current national standards and terminology. She added that the
bill would appropriately remove the physician from the board and
add an occupational therapist, which would make the
representation of physical and occupational therapists on the
board equal. She noted that the association is particularly
happy to see the proposed changes to language referring to
physical therapist assistants. She explained that currently in
Alaska, physical therapist assistants are referred to as
physical therapy assistants, which is a term that hasn't been
used nationwide since 1969. She said that the bill would update
terminology referring to educational accrediting bodies and also
give the board the freedom to maintain approval in case one of
the names of the accrediting bodies changes without a subsequent
change in statute.
4:28:13 PM
KEITH POORBAUGH, State Licensing Board for Physical Therapy and
Occupational Therapy, testified in support of HB 99, which would
modernize Alaska standards and bring them in line with the
national standards.
4:29:23 PM
NANCY LOVERING, Alaska Speech and Hearing Association, testified
in support of HB 99. She echoed the remarks of previous
testifiers and said that the proposed changes would align Alaska
with national standards and terminology for both occupations.
She added that it would also allow physical and occupational
therapists to work independently without needing the supervision
of a physician.
4:30:35 PM
JULIE AMENT, Physical Therapist, North Pole Physical Therapy,
said that she has been in practice in her own clinic for 22
years, and she supports the passage of HB 99. She shared that
she has worked to achieve additional education while practicing
and said that Alaska's laws should stay current as well. She
stated that she agrees with the addition of an occupational
therapist on the Board of Physical Therapy and Occupational
Therapy. She shared that she also agrees with the proposal to
update language in existing statutes and remove the requirement
for an English language proficiency test for individuals coming
to the United States from other English-speaking countries. She
gave an example of a physical therapist she worked with who was
trained in Scotland but still had to do an English language
proficiency assessment.
4:32:31 PM
MEGHAN PUDELER, State Affairs Manager, American Occupational
Therapy Association, noted that the American Occupational
Therapy Association (AOTA) is the national professional
organization representing the interests of more than 213,000
occupational therapists, students of occupational therapy, and
occupational therapy assistants. She continued that AOTA
strongly supports the role of state government in regulating the
practice of occupational therapy. She expressed that AOTA has
diligently advocated for state occupational therapy laws with
the same three core licensure requirements: successful
completion of academic requirements of an educational program
for occupational therapists and assistants that is accredited by
the Accreditation Council for Occupational Therapy Education
(ACOTE?); successful competition of supervised field work
experience; and the passing of the entry-level examination. She
shared her understanding that HB 99 proposes to revise
qualifications for licensing for occupational therapists and
assistants by removing from state statutes names of
organizations that exercise certification (indisc.) over
occupational therapy, and clarifying requirements of foreign-
educated applicants. By making these changes, she continued,
the bill will be removing obsolete language. She echoed the
sentiments of previous testifiers by saying that she also
supports the replacement of a physician on the licensure board
with an occupational therapist or occupational therapy
assistant.
4:34:36 PM
DANIEL MARKELS, State Affairs Manager, American Physical Therapy
Association, stated that he was called from Alexandria,
Virginia, to testify on behalf of the American Physical Therapy
Association (APTA) in support of HB 99. He echoed the comments
from previous testifiers that the proposed bill is an important
modernization, and said that replacing a physician with an
occupational therapist or assistant on the licensure board, and
adding language regarding the board's disciplinary actions are
examples of the improvements proposed by HB 99. He concluded by
urging the committee to pass HB 99.
4:36:52 PM
CO-CHAIR SPOHNHOLZ, after ascertaining that there was no one
else who wished to testify, closed public testimony on HB 99
[HB 99 was set aside and taken up again later for the purpose of
a motion.]
4:37:28 PM
The committee took an at-ease from 4:37 p.m. to 4:41 p.m.
SB 24-VIRTUAL MEETINGS FOR CORPORATIONS
4:41:37 PM
CO-CHAIR SPOHNHOLZ announced that the next order of business
would be a return to CS FOR SENATE BILL NO. 24(L&C), "An Act
relating to holding corporate meetings by remote communication;
allowing voting by remote communication at corporate meetings;
making shareholder lists available electronically; relating to
for-profit and nonprofit corporations; relating to business and
industrial development corporations; relating to Native
corporations; relating to the Alaska Banking Code; and providing
for an effective date."
CO-CHAIR SPOHNHOLZ invited a motion.
4:41:45 PM
REPRESENTATIVE SCHRAGE moved to report CSSB 24(L&C), as amended,
out of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, HCS CSSB
24(L&C) was reported out of the House Labor and Commerce
Standing Committee.
HB 36-MOTOR VEHICLE DEALERS: APPLIC.; INSURANCE
4:41:59 PM
CO-CHAIR SPOHNHOLZ announced that the next order of business
would be a return to HOUSE BILL NO. 36, "An Act relating to an
application for a license to operate as a dealer in motor
vehicles; and requiring a dealer in motor vehicles to maintain
liability and property insurance."
4:42:02 PM
REPRESENTATIVE SCHRAGE moved to report HB 36 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 36 was reported out of the
House Labor and Commerce Standing Committee.
HB 99-PHYSICAL/OCCUPATIONAL THERAPY BD/PRACTICE
4:42:12 PM
CO-CHAIR SPOHNHOLZ announced that the next order of business
would be a return to HOUSE BILL NO. 99, "An Act relating to the
State Physical Therapy and Occupational Therapy Board; relating
to the practice of physical therapy; and relating to the
practice of occupational therapy."
4:42:12 PM
REPRESENTATIVE SCHRAGE moved to report HB 99 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 99 was reported out of the
House Labor and Commerce Standing Committee.
^CONFIRMATION HEARING(S):
CONFIRMATION HEARING(S)
^Board of Nursing
Board of Nursing
4:42:22 PM
CO-CHAIR SPOHNHOLZ announced that the final order of business
would be a return to the confirmation hearing for the governor's
appointee to the Board of Nursing.
4:42:26 PM
CO-CHAIR SPOHNHOLZ stated her intent to forward the name of
Catherine Hample. She asked if there was any objection.
4:42:45 PM
REPRESENTATIVE SNYDER commented that it is troubling to her that
in the committee's first hearing for Ms. Hample, she repeatedly
directed committee members to address her as "Doctor" and did
not take the opportunity to make a correction. She noted that
it was clarified during this meeting that Ms. Hample has not
earned this title. She shared her understanding that one of the
priorities of the committee is to make sure that the individuals
appointed to serve on the boards bring the integrity and
trustworthiness that is necessary for serving. She shared that
Ms. Hample's failure to make this correction gave her pause and
that she wanted to make note of it.
4:44:17 PM
CO-CHAIR SPOHNHOLZ agreed that it is an important distinction.
She explained that while the committee doesn't have the ability
to decide to not forward an appointee's name, it is responsible
for vetting appointees to determine the appointee's readiness to
serve on a board. She shared that Ms. Hample's actions were of
concern to her as well.
4:45:28 PM
CO-CHAIR SPOHNHOLZ stated that the House Labor and Commerce
Standing Committee had reviewed the qualifications of the
governor's appointee to the Board of Nursing, and recommends the
name of Catherine Hample be advanced to a joint session of the
House and Senate for consideration. She reminded members that
signing the reports regarding appointments to boards and
commissions in no way reflects individual members' approval or
disapproval of the appointees, and the nominations are merely
forwarded to the full legislature for confirmation or rejection.
4:47:36 PM
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
4:48 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 24 v. B Sectional Analysis 2.18.21.pdf |
HL&C 3/10/2021 5:45:00 PM HL&C 3/12/2021 3:15:00 PM |
SB 24 |
| SB 24 v.B.PDF |
HL&C 3/10/2021 5:45:00 PM HL&C 3/12/2021 3:15:00 PM |
SB 24 |
| SB 24 Letters of Support as of 3.1.21.pdf |
HL&C 3/10/2021 5:45:00 PM HL&C 3/12/2021 3:15:00 PM |
SB 24 |
| SB 24 DCCED FN 1.pdf |
HL&C 3/12/2021 3:15:00 PM |
SB 24 |
| Catherine Hample Resume.pdf |
HL&C 3/12/2021 3:15:00 PM |
|
| Tyler Andrews Board Application.pdf |
HL&C 3/12/2021 3:15:00 PM |
|
| Brian Larson Board Application.pdf |
HL&C 3/12/2021 3:15:00 PM |
|
| Tyler Andrews Resume.pdf |
HL&C 3/12/2021 3:15:00 PM |
|
| Christina Gilbert Resume.pdf |
HL&C 3/12/2021 3:15:00 PM |
|
| Bronson Frye Resume.pdf |
HL&C 3/12/2021 3:15:00 PM |
|
| HB 36 3.2.21.PDF |
HL&C 3/3/2021 5:45:00 PM HL&C 3/12/2021 3:15:00 PM |
HB 36 |
| HB 36 Sectional Analysis v. A 2.23.2021.pdf |
HL&C 3/3/2021 5:45:00 PM HL&C 3/12/2021 3:15:00 PM |
HB 36 |
| HB 36 Sponsor Statement 2.23.2021.pdf |
HL&C 3/3/2021 5:45:00 PM HL&C 3/12/2021 3:15:00 PM |
HB 36 |
| HB 36 Fiscal Note DOA-DMV 2.26.21.pdf |
HL&C 3/3/2021 5:45:00 PM HL&C 3/12/2021 3:15:00 PM |
HB 36 |
| HB 36 Testimony - Received as of 2.23.2021.pdf |
HL&C 3/3/2021 5:45:00 PM HL&C 3/12/2021 3:15:00 PM |
HB 36 |
| HB 99 Sponsor Statement v. A 3.4.21.pdf |
HL&C 3/5/2021 3:15:00 PM HL&C 3/12/2021 3:15:00 PM |
HB 99 |
| HB 99 v. A 2.18.21.PDF |
HL&C 3/5/2021 3:15:00 PM HL&C 3/12/2021 3:15:00 PM |
HB 99 |
| HB 99 Testimony – Received as of 3.4.21.pdf |
HL&C 3/5/2021 3:15:00 PM HL&C 3/12/2021 3:15:00 PM |
HB 99 |
| HB 99 Sectional Analysis v. A 3.4.21.pdf |
HL&C 3/5/2021 3:15:00 PM HL&C 3/12/2021 3:15:00 PM |
HB 99 |
| HB 99 Fiscal Note DCCED-CBPL 2.26.21.pdf |
HL&C 3/5/2021 3:15:00 PM HL&C 3/12/2021 3:15:00 PM |
HB 99 |
| HB 99 Letter of Support - AOTA.pdf |
HL&C 3/5/2021 3:15:00 PM HL&C 3/12/2021 3:15:00 PM |
HB 99 |
| SB 24 Explanation of Changes A-B 3.8.21.pdf |
HL&C 3/10/2021 5:45:00 PM HL&C 3/12/2021 3:15:00 PM |
SB 24 |
| SB 24 Letter of Support - AKBA, 3.8.2021.pdf |
HL&C 3/10/2021 5:45:00 PM HL&C 3/12/2021 3:15:00 PM |
SB 24 |
| SB 24 Letter of Support - FCFB 3.9.21.pdf |
HL&C 3/10/2021 5:45:00 PM HL&C 3/12/2021 3:15:00 PM |
SB 24 |
| SB24 Letter of Support - AOGA, 3.11.21.pdf |
HL&C 3/12/2021 3:15:00 PM |
SB 24 |
| SB24 Amendment #1.pdf |
HL&C 3/12/2021 3:15:00 PM |
SB 24 |
| SB24 Supporting Document, Leg Legal Memo, 3.11.21.pdf |
HL&C 3/12/2021 3:15:00 PM |
SB 24 |
| SB24 Letter of Support - APEI.pdf |
HL&C 3/12/2021 3:15:00 PM |
SB 24 |
| SB 24 Letter of Support - RDC, 3.12.21.pdf |
HL&C 3/12/2021 3:15:00 PM |
SB 24 |