Legislature(2021 - 2022)BARNES 124
04/19/2021 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| Board of Professional Counselors | |
| Board of Veterinary Examiners | |
| HB75 | |
| HB61 | |
| HB85 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HB 75 | TELECONFERENCED | |
| += | HB 61 | TELECONFERENCED | |
| += | HB 85 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
April 19, 2021
3:18 p.m.
DRAFT
MEMBERS PRESENT
Representative Zack Fields, Co-Chair
Representative Ivy Spohnholz, Co-Chair
Representative Calvin Schrage
Representative Liz Snyder (via Teams)
Representative David Nelson
Representative Ken McCarty
MEMBERS ABSENT
Representative James Kaufman
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
State Board of Public Accountancy
Steve Jordan - Anchorage
- HEARD AND HELD
Board of Direct Entry Midwives
Tanya Kirk - Anchorage
- SCHEDULED BUT NOT HEARD
Board of Veterinary Examiners
Hal Geiger - Juneau
Scott Flamme - Fairbanks
- HEARD AND HELD
Marijuana Control Board
Casey Dschaak - Dillingham
- SCHEDULED BUT NOT HEARD
Christopher Jaime - Soldotna
Bruce Schulte - Anchorage
- HEARD AND HELD
Occupational Safety & Health Review Board
Vincent Perez - Wasilla
- SCHEDULED BUT NOT HEARD
Real Estate Commission
Traci Heaton - Juneau
Elizabeth Schok - Fairbanks
- HEARD AND HELD
Board of Professional Counselors
Dorene Hagen - Anchorage
- HEARD AND HELD
HOUSE BILL NO. 75
"An Act relating to employer contributions to the Public
Employees' Retirement System of Alaska; and providing for an
effective date."
- HEARD & HELD
HOUSE BILL NO. 61
"An Act relating to commercial interior designers and commercial
interior design; establishing registration and other
requirements for the practice of professional commercial
interior design; relating to the State Board of Registration for
Architects, Engineers, and Land Surveyors; relating to liens for
labor or materials furnished; relating to the procurement of
commercial interior design services; and providing for an
effective date."
- MOVED CSHB 61(L&C) OUT OF COMMITTEE
HOUSE BILL NO. 85
"An Act relating to the Alaska Banking Code; relating to mutual
savings banks; relating to interstate state banks and
international banks; relating to the pledging of bank assets as
collateral security to tribal organizations; relating to the
pledging of bank assets for interest swap agreements; relating
to state business licenses; relating to persons who make loans
secured by interests in vessels or facilities; relating to
liability for the release or threatened release of hazardous
substances; relating to the Model Foreign Bank Loan Act; and
providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 75
SHORT TITLE: EMPLOYER CONTRIBUTIONS TO PERS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/18/21 (H) READ THE FIRST TIME - REFERRALS
02/18/21 (H) L&C, FIN
04/19/21 (H) L&C AT 3:15 PM BARNES 124
BILL: HB 61
SHORT TITLE: REGISTER COMMERCIAL INTERIOR DESIGNERS
SPONSOR(s): CLAMAN
02/18/21 (H) PREFILE RELEASED 1/15/21
02/18/21 (H) READ THE FIRST TIME - REFERRALS
02/18/21 (H) L&C, FIN
04/09/21 (H) L&C AT 8:00 AM GRUENBERG 120
04/09/21 (H) Heard & Held
04/09/21 (H) MINUTE(L&C)
04/19/21 (H) L&C AT 3:15 PM BARNES 124
BILL: HB 85
SHORT TITLE: FINANCIAL INSTITUTIONS; LIABILITY
SPONSOR(s): LEBON BY REQUEST
02/18/21 (H) READ THE FIRST TIME - REFERRALS
02/18/21 (H) L&C, FIN
04/07/21 (H) L&C AT 3:15 PM BARNES 124
04/07/21 (H) Heard & Held
04/07/21 (H) MINUTE(L&C)
04/19/21 (H) L&C AT 3:15 PM BARNES 124
WITNESS REGISTER
STEVE JORDAN, Appointee
State Board of Public Accountancy
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the State Board of
Public Accountancy.
HAL GEIGER, Appointee
Board of Veterinary Examiners
Juneau, Alaska
POSITION STATEMENT: Spoke as an appointee to the Board of
Veterinary Examiners.
CHRISTOPHER JAIME, Appointee
Marijuana Control Board
Soldotna, Alaska
POSITION STATEMENT: Spoke as an appointee to the Marijuana
Control Board.
BRUCE SCHULTE, Appointee
Marijuana Control Board
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the Marijuana
Control Board.
TRACI HEATON, Appointee
Real Estate Commission
Juneau, Alaska
POSITION STATEMENT: Spoke as an appointee to the Real Estate
Commission.
ELIZABETH SCHOK, Appointee
Real Estate Commission
Fairbanks, Alaska
POSITION STATEMENT: Spoke as an appointee to the Real Estate
Commission.
DORENE HAGEN, Appointee
Board of Professional Counselors
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the Board of
Professional Counselors.
CHARLES MCKEE
Anchorage, Alaska
POSITION STATEMENT: Provided remarks not on topic of the
published agenda.
SCOTT FLAMME, DVM, Appointee
Board of Veterinary Examiners
Fairbanks, Alaska
POSITION STATEMENT: Spoke as an appointee to the Board of
Veterinary Examiners.
NEIL STEININGER, Director
Office of Management and Budget
Office of the Governor
Juneau, Alaska
POSITION STATEMENT: Introduced HB 75 on behalf of the House
Rules Standing Committee, sponsor, at the request of the
governor.
BARBARA CASH, Commercial Interior Designer
American Society of Interior Designers, Alaska Chapter
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 61.
WILL WEBB, President
Alaska Professional Design Council
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 61.
CHARLES BETTISWORTH
Fairbanks, Alaska
POSITION STATEMENT: Testified as a licensed architect in
support of HB 61.
DANA NUNN
American Society of Interior Designers, Alaska Chapter
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
61.
REPRESENTATIVE MATT CLAMAN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided information as prime sponsor of HB
61.
PAUL BARIL, State Government Representative
American Institute of Architects, Alaska Chapter
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 61.
CATHERINE FRITZ, Vice Chair
Board of Architects, Engineers, and Land Surveyors
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition of HB 61.
JESSICA CEDERBERG
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 61.
RAMONA SCHIMSCHERIMER
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 61.
CHELSEY BEARDSLEY
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 61.
JASON GAMACHE
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 61.
LARRY CASH
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 61.
BRIAN MEISSNER, Principal Architect
ECI Alaska Architecture
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 61.
RYAN MORSE, President
American Institute of Architects, Alaska Chapter
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 61.
MELISSA TRIBYL
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 61.
CARA RUDE
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 61.
CASEY KEE
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 61.
KELSEY DAVIDSON
Eagle River, Alaska
POSITION STATEMENT: Testified in support of HB 61.
KATHERINE SETSER
Eagle River, Alaska
POSITION STATEMENT: Testified in support of HB 61.
MARY KNOPF
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 61.
ANNA LEE
Palmer, Alaska
POSITION STATEMENT: Testified during the hearing on HB 61.
JASON SWIFT
Homer, Alaska
POSITION STATEMENT: Testified in support of HB 61.
REPRESENTATIVE BART LEBON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, introduced the committee
substitute for HB 85.
JOSEPH BYRNES, Staff
Representative Bart LeBon
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Detailed the changes in the committee
substitute for HB 85 on behalf of Representative LeBon, prime
sponsor.
ACTION NARRATIVE
3:18:15 PM
CO-CHAIR ZACK FIELDS called the House Labor and Commerce
Standing Committee meeting to order at 3:18 p.m.
Representatives Schrage, McCarty, Fields, Spohnholz, and Snyder
(via Teams) were present at the call to order. Representative
Nelson arrived as the meeting was in progress.
^CONFIRMATION HEARING(S):
CONFIRMATION HEARING(S):
^State Board of Public Accountancy
State Board of Public Accountancy
^BOARD OF DIRECT ENTRY MIDWIVES
BOARD OF DIRECT ENTRY MIDWIVES
^BOARD OF VETERINARY EXAMINERS
BOARD OF VETERINARY EXAMINERS
^MARIJUANA CONTROL BOARD
MARIJUANA CONTROL BOARD
^OCCUPATIONAL SAFETY & HEALTH REVIEW BOARD
OCCUPATIONAL SAFETY & HEALTH REVIEW BOARD
^REAL ESTATE COMMISSION
REAL ESTATE COMMISSION
^Board of Professional Counselors
Board of Professional Counselors
3:18:54 PM
CO-CHAIR FIELDS announced that the first order of business would
be the confirmation hearings for consideration of the governor's
appointees to various boards and commissions.
3:19:10 PM
STEVE JORDAN, Appointee, State Board of Public Accountancy, said
he is a lifelong Alaskan with 12 years of accounting experience
including certification as a certified public accountant (CPA).
He said he has worked with the U.S. Army Corps of Engineers and
the U.S. Department of Defense, and that he would like to serve
on the board to broaden his experience and give back to the
community.
3:20:19 PM
CO-CHAIR FIELDS commented that Tanya Kirk, Appointee to the
Board of Direct Entry Midwives, was not present.
3:20:40 PM
HAL GEIGER, Appointee, Board of Veterinary Examiners, said he is
not a veterinarian but currently serves in the public seat on
the board. He said he has a technical and science-based
background, which he said has been a good fit on the board.
3:22:23 PM
CO-CHAIR FIELDS commented that Casey Dschaak, Appointee to the
Marijuana Control Board, was not present.
3:22:37 PM
CHRISTOPHER JAIME, Appointee, Marijuana Control Board, said he
has been employed with the Alaska State Troopers for 20 years
and has lived in all parts of the state. He stated his
appreciation for being able to serve on the board and expressed
that he has not allowed his personal feelings about the
legalization of marijuana to affect his judgement, basing his
decisions on issues of public safety and common sense. He said
he has not received any direction from the Department of Public
Safety or the administration.
3:24:09 PM
CO-CHAIR SPOHNHOLZ asked Mr. Jaime's opinion on on-site
consumption of marijuana.
MR. JAIME replied that regulations for on-site consumption were
adopted prior to his time on the board and that he would follow
the regulations.
CO-CHAIR SPOHNHOLZ asked whether he believes that allowing 10
milligrams (mg) of tetrahydrocannabinol (THC) in edibles is a
safe policy choice for the state.
MR. JAIME responded that the board made that decision based on
regulations in Colorado and Washington, and he said he doesn't
have any concerns about it. He said the board has not had any
complaints about the dosage amounts and suggested proceeding
with caution.
3:25:54 PM
BRUCE SCHULTE, Appointee, Marijuana Control Board, said this
would be his second appointment to the board, having previously
served in 2015-2016. He said he was very involved in the early
stages of regulation and that it's rewarding to return to the
board and see how the industry has grown and is responding to
the regulations.
3:26:46 PM
CO-CHAIR SPOHNHOLZ asked whether Mr. Schulte owns a marijuana
license in Alaska.
MR. SCHULTE replied, "I do not."
CO-CHAIR SPOHNHOLZ asked whether Mr. Schulte is serving in the
public capacity.
MR. SCHULTE replied, "Yes."
CO-CHAIR SPOHNHOLZ pointed out that Mr. Schulte's previous term
on the board was ended due to concerns about professionalism and
his treatment of staff. She asked whether he wants to address
the concerns.
MR. SCHULTE responded that he didn't get any feedback about his
professionalism, expressing that there were internal politics
and saying that he "got played." He said there was occasionally
information that reflected poorly on state staff and suggested
that "someone" didn't like that he followed up on such reports.
CO-CHAIR SPOHNHOLZ asked whether Mr. Schulte feels he can take
the position with the appropriate gravity and professionalism.
MR. SCHULTE answered that he takes the position very seriously
and that he has always prioritized public welfare. He said he's
often the first to challenge issues that could run contrary to
public welfare.
CO-CHAIR SPOHNHOLZ commented that she takes professional and
collegial respect very seriously.
3:29:12 PM
REPRESENTATIVE SCHRAGE asked Mr. Schulte to outline the top two
or three issues coming before the board that he believes should
be addressed.
MR. SCHULTE responded that, while the board can address license
renewals without considering outstanding taxes owed to the
state, it cannot control the excise tax which is a point of
contention for many cultivators. He expressed that it would be
in the best interest of the state and consumers to revisit the
tax structure.
REPRESENTATIVE SCHRAGE shared his understanding that there is
some leeway for businesses renewing their licenses while owing
taxes.
MR. SCHULTE stated his agreement with allowing payment plans for
outstanding taxes for those who are operating in good faith. If
someone is flaunting the system, he said, he would be less
likely to support expansion of the business.
3:32:03 PM
CO-CHAIR SPOHNHOLZ asked Mr. Schulte's opinion on on-site
consumption.
MR. SCHULTE said that he has supported on-site consumption, with
limits. Driving while impaired would be a concern, he said,
while tourists in Ketchikan and Juneau should be able to partake
in on-site consumption.
CO-CHAIR SPOHNHOLZ asked about the effort to increase the dosage
from 10mg to 5mg, saying that perhaps it's not necessary to
increase the dosage because someone could just eat more.
MR. SCHULTE responded that one could also argue that, because
someone could simply take two 5mg products, allowing retailers
to sell a 10mg product would not be an unreasonable safety
issue. He said Alaska began its period of legalization with a
limit of 5mg, which was half of the limit in other states, and
he expressed understanding of the caution and conservative
approach. He said that now, five years after legalization,
evidence suggests that consumers are being responsible with
their usage.
CO-CHAIR SPOHNHOLZ said that one of the concerns is about
accidental overdose, which she said would be less likely if one
has to make more of an effort to consume more.
MR. SCHULTE responded that he doesn't disagree, and he expressed
that, while the content has remained at 5mg, the concentration
may vary widely depending on the product. He said that consumer
education will remain a very important component of marijuana
use.
3:37:05 PM
CO-CHAIR FIELDS commented that Vincent Perez, Appointee to the
Occupational Safety & Health Review Board, was not present.
3:37:20 PM
CO-CHAIR SPOHNHOLZ commented that Mr. Perez testified that he
has lived in Alaska since 1997 but there was a clear five-year
gap in residency on his resume. She said she wanted to give him
an opportunity to address that discrepancy.
3:38:06 PM
TRACI HEATON, Appointee, Real Estate Commission, said she became
a realtor in Utah 20 years ago and became an associate broker
before moving to Alaska. She said she has served on the
Southeast Alaska Board of Realtors for five years, including one
year as president, while simultaneously serving for one year on
the board of the Alaska Association of Realtors. She said she
is currently an associate broker and partner at Latitude 58 real
estate group and works full time as a realtor. She said she
would like to serve on the Real Estate Commission to grow in her
profession and while serving the public.
3:39:39 PM
REPRESENTATIVE MCCARTY asked Ms. Heaton for perspective of real
estate in Alaska and how realtors are impacted.
MS. HEATON responded that inventory is at extremely low levels,
which is pushing prices up, and buyers are unable to find homes.
She said she hasn't seen anything like this before and that
realtors are trying to protect consumers from buying homes for a
higher price than that which they would be able to sell for in
the future.
3:41:45 PM
ELIZABETH SCHOK, Appointee, Real Estate Commission, said she is
an associate broker with Sotheby's and has been on the Greater
Fairbanks Board of Realtors. She said she has done over 800
transactions and is eager to bring her experience to the
commission. She said her passion is making sure the consumer
understands the industry and she expressed that consumer
disclosure needs to be revamped.
3:44:09 PM
DORENE HAGEN, Appointee, Board of Professional Counselors, said
that she is a licensed counselor and that it would be an honor
to serve on the board.
3:44:58 PM
REPRESENTATIVE MCCARTY asked what Ms. Hagen sees as the greatest
challenge for licensing.
MS. HAGEN replied that it's difficult to find a good supervisor.
Once an individual gets a master's degree, she said, it takes no
less than two years to become licensed, during which time it's
important to find a good supervisor who can be a guide in best
practices.
REPRESENTATIVE MCCARTY asked whether Ms. Hagen believes
licensing should be automatic upon completion of the required
practice hours or whether feedback from a supervisor should be
considered.
MS. HAGEN responded that it is important for the supervisor to
sign off on hours and fill out a form describing their clinical
assessment of the counselor's ability to move forward with
licensing.
REPRESENTATIVE MCCARTY asked whether Ms. Hagen approves of that
process.
MS. HAGEN replied that she's a new appointee, and that she sees
positive feedback from other supervisors.
3:47:46 PM
CO-CHAIR SPOHNHOLZ asked for more information on Ms. Hagen's
work with the opioid task force.
MS. HAGEN responded that she participated in two to four
sessions of the treatment group.
CO-CHAIR SPOHNHOLZ asked what she sees as the most significant
barriers to increasing access to addiction treatment in Alaska.
MS. HAGEN replied that she would be happy to talk to her
supervisor and learn more about the issue.
CO-CHAIR SPOHNHOLZ pointed out Ms. Hagen's internships.
MS. HAGEN replied that she did an internship at Discovery Cove
Recovery and Wellness Center at the same time she was an intern
at Cornerstone Medical & Counseling Clinic.
REPRESENTATIVE MCCARTY commented that Ms. Hagen had served as an
intern under him.
3:51:16 PM
CO-CHAIR FIELDS opened public testimony on the confirmation
hearing(s) for the governor's appointees to various boards and
commissions.
3:51:29 PM
CHARLES MCKEE provided remarks not on topic with the published
agenda.
[Though not directly stated on the record, public testimony on
the confirmation hearing(s) for the governor's appointees was
closed.]
^Board of Veterinary Examiners
Board of Veterinary Examiners
3:53:43 PM
CO-CHAIR FIELDS announced that the next order of business would
be consideration of the governor's appointee to the Board of
Veterinary Examiners.
3:54:20 PM
SCOTT FLAMME, Appointee, Board of Veterinary Examiners, said he
has been on the board since 2019 and has been a veterinarian in
Fairbanks for the past 19 years, with 18 years working primarily
with small animals. He said he wants to be on the board in
order to understand why the state would implement a program such
as the prescription drug monitoring program for veterinarians,
expressing that it restricts the practice of veterinary medicine
with no benefit to the public. He commented on HB 91 and said
he would like to work on the board in order to see the
investigations and money being spent on the prescription drug
monitoring program.
3:57:17 PM
REPRESENTATIVE SCHRAGE asked Mr. Flamme to address the domestic
violence issues in his background.
DR. FLAMME responded, "I was divorced six years ago, and my ex-
wife decided to go that route so she could get custody of my
son." He stated that he has custody of his son and the domestic
violence charges were dropped.
3:58:30 PM
CO-CHAIR SPOHNHOLZ pointed out that there was a short-term
domestic violence protective order granted in March 2015.
DR. FLAMME replied that it was a "quick hearing" with no
allegations of domestic violence. He said it was a preliminary
hearing to get things "sorted out" for the divorce proceedings.
3:59:28 PM
REPRESENTATIVE MCCARTY asked whether it was a 20-day protective
order that was heard but not proceeded on.
DR. FLAMME replied that it was either 20 or 30 days until things
could get "sorted out" for the divorce proceedings.
4:00:19 PM
CO-CHAIR FIELDS asked whether Mr. Flamme would like to add
anything.
DR. FLAMME said, "No, it's all on there." He added that he
still has custody of his son
4:02:01 PM
REPRESENTATIVE MCCARTY asked for clarification on what kind of
animals he has worked with.
DR. FLAMME replied that he worked with large animals for one
year before getting injured and moving to small animal practice.
REPRESENTATIVE MCCARTY asked what advice he would give the state
about food security and veterinary care for large animals.
DR. FLAMME responded that it's important for veterinarians to be
able to use antibiotics.
4:03:47 PM
CO-CHAIR FIELDS noted that Tanya Kirk, appointee to the Board of
Certified Direct Entry Midwives; Casey Dschaak, appointee to the
Marijuana Control Board; and Vincent Perez, appointee to the
Occupational safety & Health Review Board, were not present.
4:04:08 PM
CO-CHAIR SPOHNHOLZ pointed out that these appointees have been
noticed multiple times and she shared that it's concerning to
not have an opportunity to vet appointees who could have a
position of authority.
[The confirmation hearings for consideration of the governor's
appointees resumed on 4/21/21.]
HB 75-EMPLOYER CONTRIBUTIONS TO PERS
4:04:37 PM
CO-CHAIR FIELDS announced that the next order of business would
be HOUSE BILL NO. 75, "An Act relating to employer contributions
to the Public Employees' Retirement System of Alaska; and
providing for an effective date."
4:05:08 PM
NEIL STEININGER, Director, Office of Management and Budget,
Office of the Governor, introduced HB 75 on behalf of the House
Rules Standing Committee, sponsor, at the request of the
governor. He characterized the proposed legislation as "fairly
narrowly focused" with the intent of giving the state another
tool for its financing of retirement on behalf of state
employees. He said the cap would be removed on public employee
retirement system payroll contributions made by the State of
Alaska as an employer. He said this would continue to fund the
state's obligations to the Public Employees' Retirement System
(PERS) and only employs to the State of Alaska as an employer,
rather than apply to other PERS employers. He said it would not
impact the teachers' retirement system, change any retirement
benefits or employee contributions, or reduce the overall
employer contributions. Instead, he said, it would allow the
state to "fully cost-share" the cost of retirement contributions
for state employees. He said it would reduce general fund
expenditures by approximately $25.7 million in fiscal year 2022.
4:07:11 PM
The committee took a brief at-ease.
4:07:36 PM
MR. STEININGER presented a PowerPoint [hard copy included in the
committee packet] and began on slide 3, "HB75 Background:
Alaska's Retirement Obligations," which read as follows
[original punctuation provided]:
? The PERS unfunded liability was estimated to be $4.6
billion in FY20
? Current annual cost to pay down the unfunded
liability is split between employer contributions and
the state assistance payment, or "on-behalf" payment
o Employer contributions (22%) on employee
salaries mixed fund sources
o On-behalf payments for Municipalities and other
PERS employers 100% UGF
o On-behalf payment for State of Alaska as an
employer 100% UGF
? This bill addresses the on-behalf payment for State
of Alaska as an employer
MR. STEININGER presented slide 4, "State of Alaska PERS On-
Behalf Payments," which read as follows [original punctuation
provided]:
? In 2008, the legislature established a uniform rate
for payroll contributions for all PERS employers 22%
? The State of Alaska is required to pay the
difference between capped employer payroll
contributions and the full actuarial liability (30.11%
in FY22)
? Called the state assistance or "on-behalf"
payment
? For FY22, the total on-behalf payment to PERS is
$193.5m (UGF) ? $95.7m of that amount is made by the
state on behalf of itself
? The remaining $97.8m is made on behalf of 153
other active PERS employers
MR. STEININGER presented slide 5, "HB75 State of Alaska as an
Employer Retirement Obligation Current Law," which displayed
the state payroll contribution of 22 percent of payroll, or
$246.3 million. He said that figure includes $106.3 million
from the unrestricted general fund (UGF); $30.3 million from the
designated general fund (DGF); $73 million from "other" sources;
and $36.8 million from federal sources.
4:11:19 PM
CO-CHAIR FIELDS asked what DGF sources are.
MR. STEININGER replied that DGF sources are any DGF funds that
the state is using for payroll. He said the "on-behalf" portion
of $95.8 million is also from the unrestricted general fund.
4:11:38 PM
MR. STEININGER continued to slide 6, "HB75 State of Alaska as
an Employer Retirement Obligation Proposed Law," which
displayed graphics showing the state payroll contribution of
30.11% of payroll, totaling $342.2 million. The fund sources,
he said, show decrease in funding from UGF and an increase in
all other areas of contribution. He said, "This is really where
the savings from this concept come from, because it comes from
being able to share those costs with these other payers, these
other funds that pay for state employees." He pointed out that
the "other" category includes "capital improvement program
interagency receipts," which are duplicative funds that
represent state employees working on capital projects, such as
Department of Transportation & Public Facilities (DOT&PF)
employees.
4:14:15 PM
REPRESENTATIVE SCHRAGE asked for confirmation that DGF fund
sources can absorb the increased pull of funds under the
proposed legislation.
MR. STEININGER pointed out that initial estimates show that
almost $55 million in UGF would be saved. He said that in terms
of DGF, agencies currently don't collect as much as is spent, so
it doesn't make sense to further draw down the fund. The fiscal
note, he said, swaps DGF with UGF funds to ensure that programs
aren't negatively impacted.
4:15:15 PM
CO-CHAIR SPOHNHOLZ asked for an example of an appropriate DGF
increase.
MR. STEININGER explained that the Alaska Marine Highway System
funds pay for other personnel services, but revenue collections
for the ferry system can't be increased to meet the increased
costs; therefore, he said, the fiscal note must be adjusted. He
said the focus was to remain on areas in which an increase in
revenues could be implemented to reflect the program costs.
CO-CHAIR SPOHNHOLZ summarized her understanding that the
intention is to make sure that no programs are negatively
impacted; if HB 75 passes, she said, a staggered implementation
would allow each program to renegotiate individual contracts.
She pointed out that Mr. Steininger had identified the Alaska
Marine Highway System as a program that uses DGF and asked for
confirmation that he's not proposing a fare increase in order to
reduce UGF spending for PERS.
MR. STEININGER replied that he was only using the ferry system
as an example to show that adding the cost wouldn't be absorbed
within current revenue collections. He said he used it as an
example of an area in which there has been special care to
ensure that programs aren't negatively affected by the proposed
legislation; instead, it's simply a back-end financing change to
allow more revenue collection from the federal government.
CO-CHAIR SPOHNHOLZ asked whether a percentage of the federal
highway funds related to the marine highway system's retirement
match would come from UGF.
MR. STEININGER replied, "That's correct."
4:18:35 PM
REPRESENTATIVE MCCARTY asked for clarification on renegotiating
contracts.
MR. STEININGER responded that the renegotiation would happen
within the cost allocation plan agreements, which aren't
contracts in the procurement sense but with the federal
government.
CO-CHAIR SPOHNHOLZ commented that "grant agreement" might be a
better term than "contract."
4:19:26 PM
MR. STEININGER presented slide 7, "HB75: FY2022 Budget Impact,"
which displayed the budget impact by fund source and by agency.
He pointed out that, since $100 million in state cost is
normally included in the language section of the operating
budget and shifted into agency budgets, it would appear as an
increase in the agency budgets if one were to look at the budget
without adjusting for the shift. He clarified that it's not
actually an increase in true cost to the agency, it's simply
reflecting the cost in the same manner in which it was incurred.
He pointed out that agencies with a large number of positions,
as well as federal programs, would contribute the majority of
UGF savings. He then presented slide 8, "Historical PERS
Contribution Rates," which displayed a timeline showing the
employer rate of 22 percent contribution versus the variable
actuarial rate. He said the volatility of the rate has always
been absorbed within the language section of the budget bill in
the "on behalf" payments, and this volatility would show up
within agency budgets should HB 75 pass. He said the budget
system includes a mechanism to respond to the volatility and
keep it from impacting state programs.
4:21:56 PM
CO-CHAIR SPOHNHOLZ asked why there exists volatility in the
actuarial rate.
MR. STEININGER explained that volatility is primarily affected
by market returns on the fund. The actuarial rate is calculated
by looking at how much money is in PERS; whether the fund has
met, exceeded, or fell short of projections over the past year;
and the projected cost of retirement payments. Once the
unfunded liability is determined, he said, it's amortized over
25 years and the actuarial rate is determined.
CO-CHAIR SPOHNHOLZ asked whether reducing the unfunded liability
would reduce the actuarial rate.
MR. STEININGER responded that there was a large deposit to PERS
in 2015; while the actuarial rate was already trending down, he
said, there was a continued drop after the contribution.
Anything that reduces the unfunded liability, whether it be a
contribution to PERS or a policy change, he said, would help the
actuarial rate.
CO-CHAIR SPOHNHOLZ asked for the amount of the deposit.
MR. STEININGER replied that it was approximately $3 billion.
CO-CHAIR SPOHNHOLZ noted that in 2015 the price of oil was high,
and Senate Bill 21 [passed during the Twenty-Eight Alaska State
Legislature] had not yet reduced state revenues from the oil
industry. She surmised that there is a cost associated with not
addressing the unfunded liability.
MR. STEININGER expressed that the statement was fair. He noted
that there are multiple ways to pay for the state's retirement
obligation.
CO-CHAIR SPOHNHOLZ said that the unfunded liability is $4.6
billion in fiscal year 2020, so there's a gap.
MR. STEININGER replied, "That's correct."
CO-CHAIR SPOHNHOLZ clarified that the unfunded liability is in
addition to the approximately $16 billion owed to the
constitutional budget reserve. She said that while there is
currently a statutory permanent fund dividend on the books,
there is a structural fiscal gap.
4:26:14 PM
CO-CHAIR FIELDS asked for information on any consultations with
public employee unions.
MR. STEININGER replied that unions were consulted and informed
of this policy, and he clarified that HB 75 would not impact
benefits or employee contributions because it's entirely a "back
end" issue. He said the Alaska Municipal League has been
contacted, but this proposed legislation is focused on the State
of Alaska as an employer.
CO-CHAIR FIELDS suggested hearing testimony from the Alaska
State Employees Association.
[HB 75 was held over.]
HB 61-REGISTER COMMERCIAL INTERIOR DESIGNERS
4:28:16 PM
CO-CHAIR FIELDS announced that the next order of business would
be HOUSE BILL NO. 61, "An Act relating to commercial interior
designers and commercial interior design; establishing
registration and other requirements for the practice of
professional commercial interior design; relating to the State
Board of Registration for Architects, Engineers, and Land
Surveyors; relating to liens for labor or materials furnished;
relating to the procurement of commercial interior design
services; and providing for an effective date."
4:29:04 PM
BARBARA CASH, Commercial Interior Designer, American Society of
Interior Designers, Alaska Chapter, testified in support of HB
61. She expressed that commercial interior designers are
qualified to protect public safety and provide professional
design and guidance when full architecture service aren't
required. She shared that, since the advancement of HB 61,
there has been "a campaign of opposition and incorrect
assertions bound by an institutional commitment to maintain the
status quo," and she said that interior designers want to be
able to practice what they're educated, trained, and tested to
do. She said that nationally qualified commercial interior
designers and architects are qualified to practice the limited
skills of commercial interior design, which, in the medical
field, is akin to licensed nurse practitioners and physicians.
She said that architects often contract with commercial interior
designers, who often work directly with clients; however, she
said, if a professional stamp is required for permits, a
commercial interior designer must hire an architect to oversee
their work and stamp their designs, which creates additional
costs and restricts qualified designers from fully practicing
their profession. This barrier would be removed by HB 61, she
said, allowing registered commercial interior designers the
ability to stamp and sign their own construction documents,
taking responsibility for their own work. She said that staying
current on science-based best practices for surfaces and
materials, notably in the area of infection mitigation, are
areas in which commercial interior designers excel.
4:31:33 PM
WILL WEBB, President, Alaska Professional Design Council,
testified in support of HB 61, sharing that the Alaska
Professional Design Council (APDC) has approximately 5,000
members in Alaska including architects, engineers, land
surveyors, landscape architects, and interior designers. He
said that eight of the nine member organizations support passage
of HB 61, with the American Institute of Architects, Alaska
Chapter, as the lone dissenter. He said the work done by
commercial interior designers may involve building components
and features that involve safety issues such as fire ratings and
egress routings; protecting the public health, safety, and
welfare are key reasons for requiring professional licensure, he
said, which is why APDC supports HB 61. He said commercial
interior designers focus on all subsets of work practiced by
architects and, through registration, those professionals would
be able to prove their knowledge of regulations, practices, and
guidelines, thus being able to seal and approve construction
documents covering their scope of work. He said HB 61 would not
restrict registered professional architects from continuing to
develop and sign interior design plans.
4:33:30 PM
CHARLES BETTISWORTH testified in support of HB 61. He shared
that he has been a licensed architect in Alaska for 40 years and
has built a successful statewide practice with offices in
Anchorage and Fairbanks. He said that his firm entered interior
design in 2014 due to a heightened understanding of the
importance of such services and said that, in his opinion, the
proposed legislation is long overdue and in the public interest.
He said HB 61 would allow professional licensed interior
designers, rather than drafters, offering services to the
public. He stated his disagreement with the position of the
American Institute of Architects, Alaska Chapter, characterizing
the situation as an inappropriate "turf war," and he pointed out
that 27 states have adopted similar legislation.
4:35:43 PM
CO-CHAIR SPOHNHOLZ asked for clarification on what kinds of
plans interior designers would be qualified to stamp, as well as
the training and qualifications interior designers would have
for the required expertise.
4:36:44 PM
MS. CASH deferred to Ms. Nunn.
4:37:05 PM
DANA NUNN, American Society of Interior Designers, Alaska
Chapter, explained that interior designers are trained through
their education to address code issues such as occupancy
classification, occupancy flows, egress, and fire ratings. She
said that the scope of interior designers would end with
qualification of the structural system of the building, or the
"envelope" of the building, or egress of the overall building.
She clarified that egress within a set off offices, or a suite,
could be covered by interior designers, but egress from the
larger structure would be covered by architects. She said that
drawings which may be approved by the stamp of an interior
designer could include such things as redesign of the structures
within a room, such as built-ins, which may be required to
adhere to code but don't affect the overall structure of a
building. An accredited education, she said, covers such areas,
while experience gained in the field before qualifying for the
exam is intended to give exposure and practice. The examination
covers all areas, she said.
4:39:00 PM
CO-CHAIR SPOHNHOLZ moved to adopt Amendment 1 to HB 61, labeled
32-LS0262\A.1, Fisher, 4/16/21, which read as follows:
Page 1, lines 3 - 4:
Delete "relating to the State Board of
Registration for Architects, Engineers, and Land
Surveyors"
Insert "renaming the State Board of Registration
for Architects, Engineers, and Land Surveyors the
State Board of Registration for Design Professionals;
relating to the State Board of Registration for Design
Professionals"
Page 1, lines 8 - 11:
Delete all material and insert:
"* Section 1. AS 08.01.010(3) is amended to read:
(3) State Board of Registration for Design
Professionals [ARCHITECTS, ENGINEERS, AND LAND
SURVEYORS] (AS 08.48.011);"
Page 2, lines 2 - 3:
Delete "Architects, Engineers, [AND] Land
Surveyors, Landscape Architects, and Commercial
Interior Designers"
Insert "Design Professionals [ARCHITECTS,
ENGINEERS, AND LAND SURVEYORS]"
Page 2, lines 8 - 11:
Delete all material and insert:
"* Sec. 3. AS 08.03.010(c)(3) is amended to read:
(3) State Board of Registration for Design
Professionals [ARCHITECTS, ENGINEERS, AND LAND
SURVEYORS] (AS 08.48.011) - June 30, 2025;"
Page 2, lines 13 - 15:
Delete "Architects, Engineers, [AND] Land
Surveyors, Landscape Architects, and Commercial
Interior Designers"
Insert "Design Professionals [ARCHITECTS,
ENGINEERS, AND LAND SURVEYORS]"
Page 14, line 30, through page 15, line 2:
Delete all material and insert:
"* Sec. 30. AS 08.48.341(2) is amended to read:
(2) "board" means the State Board of
Registration for Design Professionals [ARCHITECTS,
ENGINEERS, AND LAND SURVEYORS];"
Page 16, lines 17 - 18:
Delete "Architects, Engineers, [AND] Land
Surveyors, Landscape Architects, and Commercial
Interior Designers"
Insert "Design Professionals [ARCHITECTS,
ENGINEERS, AND LAND SURVEYORS]"
Page 19, lines 20 - 22:
Delete all material and insert:
"(O) State Board of Registration for Design
Professionals [ARCHITECTS, ENGINEERS, AND LAND
SURVEYORS];"
Page 19, lines 25 - 27:
Delete all material and insert:
"* Sec. 42. AS 44.62.330(a)(3) is amended to read:
"(3) State Board of Registration for Design
Professionals [ARCHITECTS, ENGINEERS, AND LAND
SURVEYORS];"
4:39:03 PM
CO-CHAIR FIELDS objected for the purpose of discussion.
4:39:05 PM
CO-CHAIR SPOHNHOLZ explained that Amendment 1 is intended to
streamline the title of the relevant governing board, renaming
it the State Board of Registration for Design Professionals.
4:39:37 PM
REPRESENTATIVE MATT CLAMAN, Alaska State Legislature, as prime
sponsor of HB 61, stated his support for the amendment.
4:39:46 PM
CO-CHAIR FIELDS removed his objection. There being no other
objection, Amendment 1 was adopted.
4:39:57 PM
CO-CHAIR FIELDS opened public testimony on HB 61.
4:40:18 PM
PAUL BARIL, State Government Representative, American Institute
of Architects, Alaska Chapter, stated his opposition to HB 61 on
behalf of over 200 members of AIA. He encouraged committee
members to "really look at" the proposed legislation. He
claimed that the National Council for Interior Design
Qualifications (NCIDQ) exam allows an applicant to pass even
when answering no questions on building codes correctly.
4:43:02 PM
CATHERINE FRITZ, Vice Chair, Board of Architects, Engineers, and
Land Surveyors, testified in opposition to HB 61, stating that
the board needs more time to review HB 61 in order to fully
understand the implications. She said the board has concerns
about the definition of scope of practice being "excessively
broad," incorporating activities that are outside the scope of
health, safety, and welfare. She said the board is also
concerned with text within the proposed legislation that doesn't
align with the existing statutory language of other disciplines,
and that there are regulatory complexities around the
multidisciplinary board which could be exacerbated by adding a
new discipline and two new seats. She stated that HB 61 "relies
heavily" on the Council for Interior Design Qualifications
(CIDQ) exam, which she said is concerning because the board
doesn't know if the organization is rigorous enough to
adequately assess the qualifications of interior designers.
4:45:06 PM
JESSICA CEDERBERG shared that she is a licensed architect and
that she opposes HB 61 based on the complexities of the building
code and public safety. She said code analysis is very complex
and said that determining fire ratings requires professional
knowledge, additional training, and continuing education;
therefore, she said, life safety items should be excluded from
the proposed legislation. She urged the committee to hold HB 61
in committee for further study.
4:46:41 PM
RAMONA SCHIMSCHERIMER shared that she is a licensed architect
and said HB 61 is unnecessary, redundant, and may negatively
impact public health and safety. She said the scope of interior
design under HB 61 is too far-reaching and said that it would be
confusing for the public and contractors, create unnecessary
costs, inject "potentially unqualified persons" into an area of
critical health and safety issues.
4:48:15 PM
CHELSEY BEARDSLEY testified in support of HB 61 and shared that
she is a lifelong Alaskan who wants to be a certified interior
designer and work in a state that will allow her to be a
registered professional interior designer and practice her
profession to the fullest extent of her education, experience,
and examination. She said that in researching internships and
post-graduation employment she is prioritizing states that would
give her the best opportunity to achieve her professional goals;
if Alaska doesn't recognize the interior design profession,
opportunities out of state would be more enticing. She said HB
61 would protect the public, increase professional job
opportunities, attract high-qualify design talent to Alaska, and
encourage out-of-state students to return to Alaska for
professional registration.
4:49:44 PM
JASON GAMACHE testified in support of HB 61, expressing that
it's long overdue. He said that that bill does not suggest
reducing safety requirements or that interior designers are
"suddenly equivalent" to architects in licensure. He said that
the proposed legislation recognizes the work and training of
interior designers as professionals, as well as the ability of
designers to be the authors of their own work. He said his firm
has, and will continue, to employ interior designers and said
that there have been challenges in navigating shared ownership
of his architecture firm stemming from the state's lack of
registration for licensure.
4:51:37 PM
LARRY CASH testified in support of HB 61 as a registered
architect who has been practicing in Alaska for 40 years and is
a member of AIA. He said commercial interior design complements
architecture, with designers consistently enhancing projects
from a function, and life safety, standpoint. He said that the
public and clients have benefitted by the integrated safety
characteristics brought about by the expertise of the interior
designers. He acknowledge that AIA opposes HB 61 and expressed
his strong disagreement with that position. He urged the
committee to pass HB 61.
4:53:49 PM
BRIAN MEISSNER, Principal Architect, ECI Alaska Architecture,
testified in support of HB 61 as a registered architect on his
own behalf and on the behalf of his firm. He said HB 61 would
enhance the health, safety, and welfare of Alaskans and that he
depends on interior designers for life safety matters related to
building finish materials. He said he has found interior
designers with the education described in the proposed
legislation to be better educated than architects in areas such
as accessibility issues and Occupational Safety and Health
Administration (OSHA) compliance issues.
4:55:08 PM
RYAN MORSE, President, American Institute of Architects, Alaska
Chapter, testified in opposition to HB 61. He said he believes
the bill is being "rushed" and has not been fully understood.
He said AIA respects the talent and training of interior
designers but said there are concerns with the language of the
proposed legislation, in particular the language that he
characterized as "require the State of Alaska municipal
governments to hire interior designers for work that is not
currently required, such as moving office furniture and changing
out finishes." He encouraged the committee to work with AIA to
improve the language of the proposed legislation.
4:56:44 PM
MELISSA TRIBYL testified in support of HB 61 as a commercial
interior designer. She said that she has the skills to
strengthen the design of health care facilities with regards to
the acute and ambulatory aspects of care. She said commercial
interior designers are educated to provide solutions to assist
in the safety and welfare of the occupants of health care
facilities by helping design facilities that support patient
handling, movement, bariatric accommodations, healthy materials,
safe furniture and fixtures, and telecommunications areas. She
stated that infection control is one of the leading causes of
preventable death in hospitals, and commercial interior
designers are educated in materials, codes, and the cleanability
and maintenance needed to maintain a healthy environment. She
said that materials and their method of implementation impact
those that are tired, visually impaired, or have balance issues;
placement of handrails, nursing station, and medical carts all
enhance patient well-being. She said health care embodies many
different design layers and sectors, and the proposed
legislation would lead to a better environment.
4:58:29 PM
CARA RUDE testified in support of HB 61. She said she is a
registered interior designer in Texas and practiced for 18 years
before becoming an owner of MCG Explore Design, the longest-
established architecture firm in Alaska. She said that, due to
Alaska's lack of professional accreditation for commercial
interior designers, the firm was forced to restructure from a
business corporation to a limited liability company. She
characterized HB 61 as reflecting the reality of the modern
design marketplace, considering accelerated construction
timelines and technological advancements which have led to
higher demand for interior designers to focus on environments
that support human health and wellness, ethical material
chemistry, and commercial public safety. She expressed that
registration for interior designers would lead to "better-built
environments" and safeguard an elevated design marketplace for
consumers.
5:00:01 PM
CASEY KEE testified in support of HB 61 as a commercial interior
designer. She said her education focused on code and
construction standards, understanding that her responsibility as
a designer was to protect the end users. She said that she
undertakes continuing education and on-the-job training and has
taken the NCIDQ exam. She said HB 61 would allow her to
distinguish herself in the marketplace.
5:01:25 PM
KELSEY DAVIDSON testified in support of HB 61 as a commercial
interior designer and business owner. She described her daily
practice as focusing on creating safe and healthy environments
that meet national building codes, local amendments,
accessibility guidelines, and issues around safe space use and
exiting. She discussed selecting the proper interior door
hardware based on occupancy and fire rating, selecting finishes
that meet safety standards, and locating fire extinguishers
properly throughout the space. She said that commercial
interior designers work alongside architects and engineers with
a focus on safety and welfare.
5:03:03 PM
KATHERINE SETSER testified in support of HB 61 as an NCIDQ-
certified interior designer, researcher, and educator. She said
she's been the technical advisor for the development of several
international codes including the National Fire Protection
Association's NFPA 101: Life Safety Code, currently used in all
50 states. She stated that she's a forensic designer, which
means she analyzes design failures, and she described witnessing
the impacts of improperly designed interior space and its
potential for harm. She said that choices in interior design
and materials can mean the difference between accidents and
tragedies. She noted that Alaska's death rate from fire is more
than double the national average; the faster the fire develops,
she said, the greater the threat to occupants' ability to exit
safely. She said that proper materials will slow the spread of
flame and smoke; this is the domain of a registered commercial
interior designer. She said National Fire Protection
Association states that "interior finishes and furnishings in
public assembly spaces have a greater impact on the protection
of life and property than any other element;" more important,
she said, than fire alarms, sprinklers, exiting requirements,
number and arrangement of exits, and emergency signage and
lighting. She encouraged the committee to pass HB 61.
5:05:25 PM
MARY KNOPF testified in support of HB 61 as a commercial
interior designer. She explained that all three parts of the
NCIDQ exam must be passed in order to be certified: a section
on interior design fundamentals, the interior design
professional exam, and the practicum exam. While the practicum
session specifically addresses life safety, all sections include
areas designed to test matters health, safety, and welfare such
as fire resistance, toxicity, indoor air quality, egress,
accessibility, and occupancy. She said interior designers have
knowledge of areas not commonly practiced by architects such as
social, psychological, and physiological aspects of interior
space like ergonomics. She said universal design includes
accessibility, inclusivity, aging populations, and bariatrics,
while issues such as acoustics, lighting, glare, visual stimuli,
and tactile response are also considered. She said interior
designers collaborate directly with the other licensed fields
governed by AELS, providing services that other professions
don't provide.
5:07:38 PM
ANNA LEE remarked on HB 61 as a licensed architect. She said
she does the interior design on her own architecture projects.
She expressed concern that HB 61 would "take food out of the
mouths" of architects and said that since the local fire marshal
doesn't require architects' stamps on plans, architects compete
against drafters for commercial work. She said that HB 61
contains many areas of work that interior designers are not
qualified to do.
5:09:34 PM
JASON SWIFT testified in support of HB 61 as the principal
architect of ECI Alaska Architecture and member of AIA. He said
that interior designers bring an "integral aspect" to projects
and that interior design should be recognized in Alaska.
5:10:31 PM
CO-CHAIR FIELDS, after ascertaining that no one else wished to
testify, closed public testimony on HB 61.
5:10:39 PM
CO-CHAIR SPOHNHOLZ moved to report HB 61, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 61(L&C) was
reported out of the House Labor and Commerce Standing Committee.
HB 85-FINANCIAL INSTITUTIONS; LIABILITY
5:11:10 PM
CO-CHAIR FIELDS announced that the final order of business would
be HOUSE BILL NO. 85, "An Act relating to the Alaska Banking
Code; relating to mutual savings banks; relating to interstate
state banks and international banks; relating to the pledging of
bank assets as collateral security to tribal organizations;
relating to the pledging of bank assets for interest swap
agreements; relating to state business licenses; relating to
persons who make loans secured by interests in vessels or
facilities; relating to liability for the release or threatened
release of hazardous substances; relating to the Model Foreign
Bank Loan Act; and providing for an effective date."
5:11:33 PM
REPRESENTATIVE BART LEBON, Alaska State Legislature, as prime
sponsor, introduced the committee substitute (CS) for HB 85.
5:11:53 PM
CO-CHAIR SPOHNHOLZ moved to adopt the proposed CS for HB 85,
Version 32-LS0371\I, Bannister, 4/17/21 ("Version I"), as the
working document.
5:12:14 PM
CO-CHAIR FIELDS objected for the purpose of discussion.
5:12:07 PM
JOSEPH BYRNES, Staff, Representative Bart LeBon, detailed the
changes in the committee substitute for HB 85 on behalf of
Representative LeBon, prime sponsor. He said that Section 3,
subsection (a), found on page 2, lines 24 and 25, of the
proposed legislation, which previously required posting
statutorily required reports on either the website or in the
lobby, now would direct banks to post the reports on their
websites and would make it optional to post the reports in the
physical lobbies. He said the next change is in Section 22,
subsection (o), paragraph (1), subparagraph (A), on page 10,
line 7; this change adds the word "and" to the end of the
subparagraph, which more closely mirrors the federal language.
The final change, he said, is in Section 22, subsection (o),
paragraph (1), subparagraph (B), sub-subparagraph (iv), on page
10, lines 16-17, and replaces "under this section" with "in
accordance with state law." He noted that this change, intended
to provide clarity, was at the request of the Department of
Environmental Conservation (DEC).
5:14:47 PM
CO-CHAIR FIELDS removed his objection. There being no further
objection, Version I was before the committee.
CO-CHAIR FIELDS announced that HB 85 was held over.
5:15:24 PM
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
5:15 p.m.