Legislature(2017 - 2018)BARNES 124

02/10/2017 03:15 PM LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 69 REPEAL WORKERS' COMP APPEALS COMMISSION TELECONFERENCED
Moved HB 69 Out of Committee
-- Public Testimony --
+= HB 48 ARCHITECTS,ENGINEERS,SURVEYORS: EXTEND BD TELECONFERENCED
Moved HB 48 Out of Committee
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                       February 10, 2017                                                                                        
                           3:23 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Sam Kito, Chair                                                                                                  
Representative Andy Josephson                                                                                                   
Representative Louise Stutes                                                                                                    
Representative Chris Birch                                                                                                      
Representative Gary Knopp                                                                                                       
Representative Colleen Sullivan-Leonard                                                                                         
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Adam Wool, Vice Chair                                                                                            
Representative Mike Chenault (alternate)                                                                                        
Representative Bryce Edgmon (alternate)                                                                                         
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 48                                                                                                               
"An  Act  relating to  the  composition  of  the State  Board  of                                                               
Registration  for  Architects,  Engineers,  and  Land  Surveyors;                                                               
extending   the  termination   date   of  the   State  Board   of                                                               
Registration for  Architects, Engineers, and Land  Surveyors; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - MOVED HB 48 OUT OF COMMITTEE                                                                                             
                                                                                                                                
HOUSE BILL NO. 69                                                                                                               
"An Act  repealing the Workers' Compensation  Appeals Commission;                                                               
relating  to decisions  and orders  of the  Workers' Compensation                                                               
Appeals Commission; relating to  superior court jurisdiction over                                                               
appeals  from  Alaska   Workers'  Compensation  Board  decisions;                                                               
repealing  Rules  201.1,  401.1,   and  501.1,  Alaska  Rules  of                                                               
Appellate  Procedure, and  amending Rules  202(a), 204(a)  - (c),                                                               
210(e), 601(b), and 603(a), Alaska  Rules of Appellate Procedure;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
     - MOVED HB 69 OUT OF COMMITTEE                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 48                                                                                                                   
SHORT TITLE: ARCHITECTS,ENGINEERS,SURVEYORS: EXTEND BD                                                                          
SPONSOR(s): REPRESENTATIVE(s) KITO                                                                                              
                                                                                                                                
01/18/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/17       (H)       L&C, FIN                                                                                               
02/08/17       (H)       L&C AT 3:15 PM BARNES 124                                                                              
02/08/17       (H)       Heard & Held                                                                                           
02/08/17       (H)       MINUTE(L&C)                                                                                            
02/10/17       (H)       L&C AT 3:15 PM BARNES 124                                                                              
                                                                                                                                
BILL: HB 69                                                                                                                   
SHORT TITLE: REPEAL WORKERS' COMP APPEALS COMMISSION                                                                            
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/20/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/20/17       (H)       L&C, JUD                                                                                               
02/06/17       (H)       L&C AT 3:15 PM BARNES 124                                                                              
02/06/17       (H)       Heard & Held                                                                                           
02/06/17       (H)       MINUTE(L&C)                                                                                            
02/10/17       (H)       L&C AT 3:15 PM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JANEY HOVENDEN, Director                                                                                                        
Division of Corporations, Business, and Professional Licensing                                                                  
(DCBPL)                                                                                                                         
Department of Commerce, Community & Economic Development (DCCED)                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions regarding HB 48.                                                                      
                                                                                                                                
MARIE MARX, Director                                                                                                            
Division of Workers' Compensation                                                                                               
Department of Labor & Workforce Development (DOLWD)                                                                             
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions regarding HB 69.                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:23:29 PM                                                                                                                    
                                                                                                                                
CHAIR  SAM KITO  called  the House  Labor  and Commerce  Standing                                                             
Committee  meeting  to  order  at   3:23  p.m.    Representatives                                                               
Josephson, Stutes, Birch, Knopp,  Sullivan-Leonard, and Kito were                                                               
present at the call to order.                                                                                                   
                                                                                                                                
        HB 48-ARCHITECTS,ENGINEERS,SURVEYORS: EXTEND BD                                                                     
                                                                                                                                
3:24:11 PM                                                                                                                    
                                                                                                                                
CHAIR KITO  announced that the  first order of business  would be                                                               
HOUSE BILL  NO. 48, "An  Act relating  to the composition  of the                                                               
State Board  of Registration for Architects,  Engineers, and Land                                                               
Surveyors; extending the  termination date of the  State Board of                                                               
Registration for  Architects, Engineers, and Land  Surveyors; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
3:24:38 PM                                                                                                                    
                                                                                                                                
CHAIR KITO closed public testimony on HB 48.                                                                                    
                                                                                                                                
3:25:13 PM                                                                                                                    
                                                                                                                                
CHAIR KITO explained  that HB 48 would extend the  State Board of                                                               
Registration  for  Architects,   Engineers,  and  Land  Surveyors                                                               
(AELS) and  make the  temporary, non-voting,  landscape architect                                                               
board position  a permanent and  voting position.    He  noted an                                                               
updated fiscal  note which  identifies that  the revenue  for the                                                               
board  comes  from  program  receipts in  an  amount  of  $29,600                                                               
through fiscal  year 2023  (FY 23), which  is different  from the                                                               
previous fiscal note.                                                                                                           
                                                                                                                                
3:26:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KNOPP  asked if  the new  projections are  in line                                                               
with those of past years.                                                                                                       
                                                                                                                                
3:26:38 PM                                                                                                                    
                                                                                                                                
JANEY  HOVENDEN, Director,  Division  of Corporations,  Business,                                                               
and  Professional  Licensing  (DCBPL),  Department  of  Commerce,                                                               
Community  &  Economic  Development (DCCED),  answered  that  the                                                               
updated fiscal  note includes the  projected costs for  the board                                                               
to conduct  its business, and  she stated  the costs are  in line                                                               
with what has been  done in the past.  She  added that the fiscal                                                               
note includes there are  some additional cost-cutting initiatives                                                               
with regard to travel.                                                                                                          
                                                                                                                                
3:27:14 PM                                                                                                                    
                                                                                                                                
CHAIR  KITO  stated  that  information  provided  in  a  previous                                                               
meeting showed fluctuations  in the board's revenues.   The board                                                               
has a  surplus; therefore,  the fees are  anticipated to  go down                                                               
further.   It  will adjust  fees  every other  year according  to                                                               
statute.                                                                                                                        
                                                                                                                                
3:27:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KNOPP  stated that was his  understanding as well.                                                               
He said that  he hadn't seen the prior  appropriations and wanted                                                               
to  make  sure  the  fiscal  note was  in  line  with  the  prior                                                               
appropriations.                                                                                                                 
                                                                                                                                
3:28:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SULLIVAN-LEONARD  stated   that  she   has  been                                                               
watching  the   board  and  supports  the   voting  position  for                                                               
landscapes architects.                                                                                                          
                                                                                                                                
3:28:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BIRCH spoke  in support of HB 48,  which he stated                                                               
is a great effort and has been a long time coming.                                                                              
                                                                                                                                
3:28:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON moved  to report HB 48  out of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.    There  being  no   objection,  HB  48  was  moved  from                                                               
committee.                                                                                                                      
                                                                                                                                
3:29:21 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:29 p.m. to 3:31 p.m.                                                                       
                                                                                                                                
         HB 69-REPEAL WORKERS' COMP APPEALS COMMISSION                                                                      
                                                                                                                                
3:31:45 PM                                                                                                                    
                                                                                                                                
CHAIR KITO  announced that the  final order of business  would be                                                               
HOUSE BILL  NO. 69, "An  Act repealing the  Workers' Compensation                                                               
Appeals  Commission;  relating to  decisions  and  orders of  the                                                               
Workers'  Compensation Appeals  Commission; relating  to superior                                                               
court   jurisdiction   over    appeals   from   Alaska   Workers'                                                               
Compensation Board  decisions; repealing Rules 201.1,  401.1, and                                                               
501.1, Alaska  Rules of Appellate  Procedure, and  amending Rules                                                               
202(a), 204(a)  - (c), 210(e),  601(b), and 603(a),  Alaska Rules                                                               
of Appellate Procedure; and providing for an effective date."                                                                   
                                                                                                                                
3:32:14 PM                                                                                                                    
                                                                                                                                
CHAIR KITO closed public testimony on HB 69.                                                                                    
                                                                                                                                
CHAIR  KITO  explained  that  HB 69  would  repeal  the  Workers'                                                               
Compensation Appeals Commission.  He  mentioned a letter from the                                                               
Department of Labor & Workforce  Development (DOLWD) [included in                                                               
the  committee  packet] which  answers  questions  raised by  the                                                               
committee in a previous meeting.                                                                                                
                                                                                                                                
3:32:53 PM                                                                                                                    
                                                                                                                                
MARIE   MARX,  Director,   Division  of   Workers'  Compensation,                                                               
Department  of Labor  & Workforce  Development (DOLWD),  answered                                                               
questions regarding  HB 69.   In response to a  previous question                                                               
about who  generally wins  cases appealed  to the  Alaska Supreme                                                               
Court from the commission, she  stated that the majority of cases                                                               
were not decided by the Alaska  Supreme Court:  often the parties                                                               
settled,  the  Supreme Court  declined  to  hear a  petition  for                                                               
review, the  parties failed to  prosecute, or the  Alaska Supreme                                                               
Court would  send the  case back  to the  commission.   She noted                                                               
that although it  is hard to determine a clear  winner because of                                                               
nuances, she calculated  that 51 percent of the  39 cases decided                                                               
in favor of the claimant - 49 percent in favor of the employer.                                                                 
                                                                                                                                
3:34:10 PM                                                                                                                    
                                                                                                                                
CHAIR KITO said it is basically a statistical dead heat.                                                                        
                                                                                                                                
MS. MARX  responded, "That would  be accurate."  She  stated that                                                               
she  may have  misstated  in her  previous  testimony by  calling                                                               
"reports  of injuries"  claims.   She clarified  that reports  of                                                               
injury  are anytime  someone is  injured, which  doesn't have  to                                                               
involve  time loss  or medical  care.   She  explained there  are                                                               
around  20,000   reports  of   injury  per   year.     Of  those,                                                               
approximately 1,200 result in  workers' compensation claims being                                                               
filed  - a  very small  percentage  are disputed.   The  Workers'                                                               
Compensation Board holds hearings on  about 250 to 300 claims and                                                               
petitions.  She  explained that a lot of claims  do not reach the                                                               
board for a hearing because  they are often settled, mediated, or                                                               
there is a failure to prosecute.                                                                                                
                                                                                                                                
3:36:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON moved  to report HB 69  out of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.    There  being  no   objection,  HB  69  was  moved  from                                                               
committee.                                                                                                                      
                                                                                                                                
3:37:00 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:37 p.m. to 3:39 p.m.                                                                       
                                                                                                                                
3:39:40 PM                                                                                                                    
                                                                                                                                
CHAIR KITO gave an overview of the upcoming schedule for finance                                                                
subcommittees and the upcoming House Labor and Commerce Standing                                                                
Committee schedule.                                                                                                             
                                                                                                                                
3:41:04 PM                                                                                                                    
                                                                                                                              
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Labor and Commerce Standing Committee meeting was adjourned at                                                                  
3:41 p.m.                                                                                                                       

Document Name Date/Time Subjects
HB048 Fiscal Note DCCED-CBPL 2.8.17.pdf HL&C 2/10/2017 3:15:00 PM
HB 48
HB048 Sponsor Statement 2.6.17.pdf HL&C 2/8/2017 3:15:00 PM
HL&C 2/10/2017 3:15:00 PM
HB 48
HB048 Supporting Document-Sunset Audit 01.31.17.pdf HL&C 2/8/2017 3:15:00 PM
HL&C 2/10/2017 3:15:00 PM
HB 48
HB048 Supporting Document-Letters of Support 2.6.17.pdf HL&C 2/8/2017 3:15:00 PM
HL&C 2/10/2017 3:15:00 PM
HB 48
HB069 Supporting Document-WCAC cases 1.30.2017.pdf HJUD 2/27/2017 1:00:00 PM
HJUD 3/10/2017 1:30:00 PM
HJUD 3/20/2017 1:00:00 PM
HL&C 2/6/2017 3:15:00 PM
HL&C 2/10/2017 3:15:00 PM
HB 69
HB069 Transmittal Letter 1.30.2017.pdf HL&C 2/6/2017 3:15:00 PM
HL&C 2/10/2017 3:15:00 PM
HB 69
HB069 Fiscal Note DOLWD-WC 1.30.2017.pdf HL&C 2/6/2017 3:15:00 PM
HL&C 2/10/2017 3:15:00 PM
HB 69
HB069 Sectional Analysis ver A 1.30.2017.pdf HJUD 2/27/2017 1:00:00 PM
HJUD 3/10/2017 1:30:00 PM
HJUD 3/20/2017 1:00:00 PM
HL&C 2/6/2017 3:15:00 PM
HL&C 2/10/2017 3:15:00 PM
HB 69
HB069 Fiscal Note JUD-ACS 2.6.17.pdf HL&C 2/6/2017 3:15:00 PM
HL&C 2/10/2017 3:15:00 PM
HB 69
HB069 Documents-DOLWD Response 2.9.17.pdf HL&C 2/10/2017 3:15:00 PM
HB 69