Legislature(2017 - 2018)BARNES 124

02/10/2018 01:00 PM LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 278 EXTEND:CERT. REAL ESTATE APPRAISERS BOARD TELECONFERENCED
Moved HB 278 Out of Committee
-- Public Testimony --
+= HB 279 EXTEND: REAL ESTATE COMMISSION TELECONFERENCED
Moved HB 279 Out of Committee
-- Public Testimony --
+= HB 280 EXTEND: BOARD OF MARITAL & FAMILY THERAPY TELECONFERENCED
Moved HB 280 Out of Committee
-- Public Testimony --
+= HB 302 EXTEND: BOARD OF PROFESSIONAL COUNSELORS TELECONFERENCED
Moved HB 302 Out of Committee
-- Public Testimony --
+= HB 323 EXTEND: BOARD OF PHARMACY TELECONFERENCED
Moved HB 323 Out of Committee
-- Public Testimony --
+= HB 318 EXTEND: BOARD OF SOCIAL WORK EXAMINERS TELECONFERENCED
Moved HB 318 Out of Committee
-- Public Testimony --
+= HB 299 EXTEND: ALCOHOLIC BEVERAGE CONTROL BOARD TELECONFERENCED
<Bill Hearing Canceled>
-- Public Testimony --
+= HB 255 PLUMBING/ELECTRIC CERTIFICATE OF FITNESS TELECONFERENCED
Moved CSHB 255(L&C) Out of Committee
-- Public Testimony --
                     ALASKA STATE LEGISLATURE                                                                                 
           HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                        
                        February 10, 2018                                                                                       
                            1:01 p.m.                                                                                           
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Sam Kito, Chair                                                                                                  
Representative Andy Josephson                                                                                                   
Representative Louise Stutes                                                                                                    
Representative Chris Birch                                                                                                      
Representative Bryce Edgmon (alternate)                                                                                         
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Adam Wool, Vice Chair                                                                                            
Representative Gary Knopp                                                                                                       
Representative Colleen Sullivan-Leonard                                                                                         
Representative Mike Chenault (alternate)                                                                                        
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 278                                                                                                              
"An Act extending the termination date of the Board of Certified                                                                
Real Estate Appraisers; and providing for an effective date."                                                                   
                                                                                                                                
     - MOVED HB 278 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 279                                                                                                              
"An Act extending the termination date of the Real Estate                                                                       
Commission; and providing for an effective date."                                                                               
                                                                                                                                
     - MOVED HB 279 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 280                                                                                                              
"An Act extending the termination date of the Board of Marital                                                                  
and Family Therapy; and providing for an effective date."                                                                       
                                                                                                                                
     - MOVED HB 280 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 302                                                                                                              
"An Act extending the termination date of the Board of                                                                          
Professional Counselors; and providing for an effective date."                                                                  
                                                                                                                                
     - MOVED HB 302 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 323                                                                                                              
"An Act extending the termination date of the Board of Pharmacy;                                                                
and providing for an effective date."                                                                                           
                                                                                                                                
     - MOVED HB 323 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 318                                                                                                              
"An Act extending the termination date of the Board of Social                                                                   
Work Examiners; and providing for an effective date."                                                                           
                                                                                                                                
     - MOVED HB 318 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 255                                                                                                              
"An  Act relating  to  individuals and  employees  who must  have                                                               
certificates  of   fitness  to   perform  certain   plumbing  and                                                               
electrical work;  and relating to civil  penalties and violations                                                               
for not having required certificates of fitness."                                                                               
                                                                                                                                
     - MOVED CSHB 255(L&C) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 299                                                                                                              
"An Act extending the termination date of the Alcoholic Beverage                                                                
Control Board; and providing for an effective date."                                                                            
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 255                                                                                                                  
SHORT TITLE: PLUMBING/ELECTRIC CERTIFICATE OF FITNESS                                                                           
SPONSOR(s): REPRESENTATIVE(s) TUCK                                                                                              
                                                                                                                                
01/08/18       (H)       PREFILE RELEASED 1/8/18                                                                                
01/16/18       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/18       (H)       L&C, FIN                                                                                               
02/02/18       (H)       L&C AT 3:15 PM BARNES 124                                                                              
02/02/18       (H)       Heard & Held                                                                                           
02/02/18       (H)       MINUTE(L&C)                                                                                            
02/10/18       (H)       L&C AT 1:00 PM BARNES 124                                                                              
BILL: HB 278                                                                                                                  
SHORT TITLE: EXTEND:CERT. REAL ESTATE APPRAISERS BOARD                                                                          
SPONSOR(s): REPRESENTATIVE(s) JOSEPHSON                                                                                         
                                                                                                                                
01/16/18       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/18       (H)       L&C, FIN                                                                                               
01/29/18       (H)       L&C AT 3:15 PM BARNES 124                                                                              
01/29/18       (H)       Heard & Held                                                                                           
01/29/18       (H)       MINUTE(L&C)                                                                                            
02/05/18       (H)       L&C AT 3:15 PM BARNES 124                                                                              
02/05/18       (H)       Scheduled but Not Heard                                                                                
02/10/18       (H)       L&C AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
BILL: HB 279                                                                                                                  
SHORT TITLE: EXTEND: REAL ESTATE COMMISSION                                                                                     
SPONSOR(s): REPRESENTATIVE(s) JOSEPHSON                                                                                         
                                                                                                                                
01/16/18       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/18       (H)       L&C, FIN                                                                                               
01/29/18       (H)       L&C AT 3:15 PM BARNES 124                                                                              
01/29/18       (H)       Heard & Held                                                                                           
01/29/18       (H)       MINUTE(L&C)                                                                                            
02/05/18       (H)       L&C AT 3:15 PM BARNES 124                                                                              
02/05/18       (H)       Scheduled but Not Heard                                                                                
02/10/18       (H)       L&C AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
BILL: HB 280                                                                                                                  
SHORT TITLE: EXTEND: BOARD OF MARITAL & FAMILY THERAPY                                                                          
SPONSOR(s): REPRESENTATIVE(s) JOSEPHSON                                                                                         
                                                                                                                                
01/16/18       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/18       (H)       L&C, FIN                                                                                               
01/29/18       (H)       L&C AT 3:15 PM BARNES 124                                                                              
01/29/18       (H)       Heard & Held                                                                                           
01/29/18       (H)       MINUTE(L&C)                                                                                            
02/05/18       (H)       L&C AT 3:15 PM BARNES 124                                                                              
02/05/18       (H)       Scheduled but Not Heard                                                                                
02/10/18       (H)       L&C AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
BILL: HB 302                                                                                                                  
SHORT TITLE: EXTEND: BOARD OF PROFESSIONAL COUNSELORS                                                                           
SPONSOR(s): REPRESENTATIVE(s) WOOL                                                                                              
                                                                                                                                
01/24/18       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/24/18       (H)       L&C, FIN                                                                                               
02/02/18       (H)       L&C AT 3:15 PM BARNES 124                                                                              
02/02/18       (H)       Heard & Held                                                                                           
02/02/18       (H)       MINUTE(L&C)                                                                                            
02/10/18       (H)       L&C AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
BILL: HB 323                                                                                                                  
SHORT TITLE: EXTEND: BOARD OF PHARMACY                                                                                          
SPONSOR(s): REPRESENTATIVE(s) SULLIVAN-LEONARD                                                                                  
                                                                                                                                
02/02/18       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/02/18       (H)       L&C, FIN                                                                                               
02/05/18       (H)       L&C AT 3:15 PM BARNES 124                                                                              
02/05/18       (H)       Heard & Held                                                                                           
02/05/18       (H)       MINUTE(L&C)                                                                                            
02/10/18       (H)       L&C AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
BILL: HB 318                                                                                                                  
SHORT TITLE: EXTEND: BOARD OF SOCIAL WORK EXAMINERS                                                                             
SPONSOR(s): REPRESENTATIVE(s) SPOHNHOLZ                                                                                         
                                                                                                                                
01/31/18       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/31/18       (H)       L&C, FIN                                                                                               
02/09/18       (H)       L&C AT 3:15 PM BARNES 124                                                                              
02/09/18       (H)       Heard & Held                                                                                           
02/09/18       (H)       MINUTE(L&C)                                                                                            
02/10/18       (H)       L&C AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
BILL: HB 255                                                                                                                  
SHORT TITLE: PLUMBING/ELECTRIC CERTIFICATE OF FITNESS                                                                           
SPONSOR(s): REPRESENTATIVE(s) TUCK                                                                                              
                                                                                                                                
01/08/18       (H)       PREFILE RELEASED 1/8/18                                                                                
01/16/18       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/18       (H)       L&C, FIN                                                                                               
02/02/18       (H)       L&C AT 3:15 PM BARNES 124                                                                              
02/02/18       (H)       Heard & Held                                                                                           
02/02/18       (H)       MINUTE(L&C)                                                                                            
02/10/18       (H)       L&C AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
MEGAN HOLLAND, Staff                                                                                                            
Representative Andy Josephson                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Introduced HB 278 on behalf of                                                                           
Representative Josephson, prime sponsor.                                                                                        
                                                                                                                                
MEGAN HOLLAND, Staff                                                                                                            
Representative Andy Josephson                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Introduced HB 279 on behalf of                                                                           
Representative Josephson, prime sponsor.                                                                                        
                                                                                                                                
TRACI BARICKMAN, Chair                                                                                                          
Real Estate Commission                                                                                                          
Palmer, Alaska                                                                                                                  
POSITION  STATEMENT:   Answered questions  in the  hearing on  HB                                                             
279.                                                                                                                            
                                                                                                                                
SARAH CHAMBERS, Deputy Director                                                                                                 
Division  of  Corporations,  Business, &  Professional  Licensing                                                               
(DCBPL)                                                                                                                         
Department of Commerce, Community & Economic Development (DCCED)                                                                
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Answered questions  in the  hearing on  HB                                                             
279.                                                                                                                            
                                                                                                                                
MEGAN HOLLAND, Staff                                                                                                            
Representative Andy Josephson                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION   STATEMENT:     Introduced   HB   280   on  behalf   of                                                             
Representative Josephson, prime sponsor.                                                                                        
                                                                                                                                
ASHLEY STRAUCH, Staff                                                                                                           
REPRESENTATIVE ADAM WOOL                                                                                                        
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION   STATEMENT:     Introduced   HB   302   on  behalf   of                                                             
Representative Wool, prime sponsor.                                                                                             
                                                                                                                                
DEBBIE HAMILTON                                                                                                                 
Professional Counselors Board                                                                                                   
Soldotna, Alaska                                                                                                                
POSITION  STATEMENT:   Answered questions  in the  hearing on  HB                                                             
302.                                                                                                                            
                                                                                                                                
TED MADSEN, Staff                                                                                                               
Representative Ivy Spohnholz                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION   STATEMENT:     Introduced   HB   318   on  behalf   of                                                             
Representative Spohnholz, prime sponsor.                                                                                        
                                                                                                                                
REPRESENTATIVE CHRIS TUCK                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Introduced HB 255 as prime sponsor.                                                                      
                                                                                                                                
DEBORAH KELLY, Director                                                                                                         
Labor Standards and Safety Division                                                                                             
Department of Labor & Workforce Development (DWLD)                                                                              
POSITION  STATEMENT:   Answered questions  in the  hearing on  HB                                                             
255.                                                                                                                            
                                                                                                                                
WILLIAM HARLAN                                                                                                                  
Mechanical Inspection Manager                                                                                                   
Department of Labor and Workforce Development (DLWD)                                                                            
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Answered questions  in the  hearing on  HB                                                             
255.                                                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:01:44 PM                                                                                                                    
                                                                                                                                
CHAIR  SAM KITO  called  the House  Labor  and Commerce  Standing                                                             
Committee  meeting   to  order   at  1:01   p.m.  Representatives                                                               
Josephson, Stutes, Edgmon (alternate),  and Birch were present at                                                               
the call to order.                                                                                                              
                                                                                                                                
        HB 278-EXTEND:CERT. REAL ESTATE APPRAISERS BOARD                                                                    
                                                                                                                                
1:02:39 PM                                                                                                                    
                                                                                                                                
CHAIR KITO  announced that the  first order of business  would be                                                               
HOUSE BILL  NO. 278,  "An Act extending  the termination  date of                                                               
the Board of Certified Real  Estate Appraisers; and providing for                                                               
an effective date."                                                                                                             
                                                                                                                                
1:02:58 PM                                                                                                                    
                                                                                                                                
MEGAN  HOLLAND,  Staff,  Representative  Andy  Josephson,  Alaska                                                               
State Legislature, introduced HB  278 on behalf of Representative                                                               
Josephson,  prime sponsor.   She  stated that  the proposed  bill                                                               
would extend  the termination date  for the Board of  Real Estate                                                               
Appraisers by  eight years as  recommended by  Legislative Budget                                                               
and Audit (LB&A).                                                                                                               
                                                                                                                                
CHAIR  KITO stated  public  testimony had  remained  open from  a                                                               
previous meeting on HB 278.   Upon ascertaining that there was no                                                               
one available for public testimony, closed public testimony.                                                                    
                                                                                                                                
1:04:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON moved to report  HB 278 out of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.  There being no objection, it was so ordered.                                                                            
                                                                                                                                
1:04:27 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:04 p.m. to 1:06 p.m.                                                                       
                                                                                                                                
              HB 279-EXTEND: REAL ESTATE COMMISSION                                                                         
                                                                                                                                
1:06:08 PM                                                                                                                    
                                                                                                                                
CHAIR KITO  announced that  the next order  of business  would be                                                               
HOUSE BILL NO. 279 "An Act  extending the termination date of the                                                               
Real Estate Commission; and providing for an effective date."                                                                   
                                                                                                                                
1:06:23 PM                                                                                                                    
                                                                                                                                
MEGAN  HOLLAND,  Staff,  Representative  Andy  Josephson,  Alaska                                                               
State Legislature, introduced HB  279 on behalf of Representative                                                               
Josephson, prime  sponsor.   She stated  the proposed  bill would                                                               
extend  the termination  date of  the Real  Estate Commission  by                                                               
eight years as recommended by LB&A.                                                                                             
                                                                                                                                
1:06:48 PM                                                                                                                    
                                                                                                                                
CHAIR  KITO  stated  public  testimony  was  still  open  from  a                                                               
previous hearing on HB 279.   Upon ascertaining that there was no                                                               
one available for public testimony, he closed public testimony.                                                                 
                                                                                                                                
1:07:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BIRCH  spoke to  the  concerns  of a  constituent                                                               
regarding the responsiveness and  transparency of the commission.                                                               
He asked whether  there had been complaints leveled  and how they                                                               
had been addressed.                                                                                                             
                                                                                                                                
MS. HOLLAND deferred to the commission.                                                                                         
                                                                                                                                
1:08:30 PM                                                                                                                    
                                                                                                                                
TRACI   BARICKMAN,  Chair,   Real  Estate   Commission,  answered                                                               
questions in the  hearing on HB 279.  She  asked for the question                                                               
to be restated.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  BIRCH  spoke to  the  issues  of transparency  in                                                               
commission  meetings  brought  forward   in  a  letter  from  his                                                               
constituent.                                                                                                                    
                                                                                                                                
MS. BARICKMAN  answered there is  a process for  complaints which                                                               
go  through  the  investigative  unit and  not  directly  to  the                                                               
commission, so it would not  be appropriate for the commission to                                                               
hear a complaint in a public meeting.                                                                                           
                                                                                                                                
REPRESENTATIVE BIRCH reiterated the process.                                                                                    
                                                                                                                                
MS. BARICKMAN answered  she could not speak to  the specific case                                                               
but confirmed his understanding of the process was correct.                                                                     
                                                                                                                                
1:10:41 PM                                                                                                                    
                                                                                                                                
SARAH  CHAMBERS,  Deputy   Director,  Division  of  Corporations,                                                               
Business,  &   Professional  Licensing  (DCBPL),   Department  of                                                               
Commerce,  Community  &  Economic Development  (DCCED),  answered                                                               
questions in  the hearing on HB  279.  She stated  the department                                                               
was familiar  with the letter, but  it had been determined  to be                                                               
non-jurisdictional.   The constituent had been  contacted and had                                                               
attended a  commission meeting.   She  offered her  assistance to                                                               
the constituent.                                                                                                                
                                                                                                                                
1:12:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON moved to report  HB 279 out of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.  There being no objection, it was so ordered.                                                                            
                                                                                                                                
1:13:05 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:13 p.m. to 1:14 p.m.                                                                       
                                                                                                                                
        HB 280-EXTEND: BOARD OF MARITAL & FAMILY THERAPY                                                                    
                                                                                                                                
1:13:08 PM                                                                                                                    
                                                                                                                                
MEGAN  HOLLAND,  Staff,  Representative  Andy  Josephson,  Alaska                                                               
State Legislature, introduced HB  280 on behalf of Representative                                                               
Josephson, prime  sponsor.   She stated  the proposed  bill would                                                               
extend the  termination date of  the Board of Marital  and Family                                                               
Therapy by eight years, as recommended by LB&A.                                                                                 
                                                                                                                                
1:15:18 PM                                                                                                                    
                                                                                                                                
CHAIR  KITO announced  that public  testimony had  remained open.                                                               
After ascertaining  that there was  no one available  to testify,                                                               
closed public testimony on HB 280.                                                                                              
                                                                                                                                
1:15:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON moved to report  HB 280 out of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.  There being no objection, it was so ordered.                                                                            
                                                                                                                                
1:16:20 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:16 p.m. to 1:17 p.m.                                                                       
                                                                                                                                
         HB 302-EXTEND: BOARD OF PROFESSIONAL COUNSELORS                                                                    
                                                                                                                                
1:17:37 PM                                                                                                                    
                                                                                                                                
CHAIR KITO  announced that  the next order  of business  would be                                                               
HOUSE BILL  NO. 302,  "An Act extending  the termination  date of                                                               
the  Board  of  Professional  Counselors; and  providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
1:17:46 PM                                                                                                                    
                                                                                                                                
ASHLEY  STRAUCH, Staff,  REPRESENTATIVE ADAM  WOOL, Alaska  State                                                               
Legislature,  reintroduced HB  302  on  behalf of  Representative                                                               
Wool,  prime sponsor.    She gave  a brief  overview  of HB  302,                                                               
explaining that  the proposed bill  would extend  the termination                                                               
date  of the  Board  of  Professional Counselors  to  2026.   She                                                               
highlighted there  had been  a 46  percent increase  in licensees                                                               
since the previous sunset audit.                                                                                                
                                                                                                                                
1:18:45 PM                                                                                                                    
                                                                                                                                
DEBBIE  HAMILTON, Professional  Counselors Board,  testified that                                                               
the board welcomed the extension.                                                                                               
                                                                                                                                
1:19:14 PM                                                                                                                    
                                                                                                                                
CHAIR KITO said  public testimony was still open  from a previous                                                               
hearing.    Upon  ascertaining  that  no  one  was  available  to                                                               
testify, he closed public testimony on HB 302.                                                                                  
                                                                                                                                
1:19:29 PM                                                                                                                    
                                                                                                                                
SPEAKER EDGMON asked for clarification on the board extension.                                                                  
                                                                                                                                
1:19:32 PM                                                                                                                    
                                                                                                                                
MS. STRAUCH clarified the extension was for eight years to 2026.                                                                
                                                                                                                                
1:20:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BIRCH  asked about  the advancement  of telehealth                                                               
regulations  and  the  delivery  of services  for  mental  health                                                               
occupations.                                                                                                                    
                                                                                                                                
1:20:44 PM                                                                                                                    
                                                                                                                                
MS. HAMILTON answered the board  had recently drafted regulations                                                               
to  help  telehealth  mental health  service  providers  and  was                                                               
currently awaiting completion of those regulations.                                                                             
                                                                                                                                
REPRESENTATIVE BIRCH  surmised it was about  administering mental                                                               
health services via telehealth.                                                                                                 
                                                                                                                                
MS. HAMILTON answered the  regulation will increase accessibility                                                               
to mental health services.                                                                                                      
                                                                                                                                
1:22:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON moved to report  HB 302 out of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.  There being no objection, it was so ordered.                                                                            
                                                                                                                                
1:22:23 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:22 p.m. to 1:23 p.m.                                                                       
                                                                                                                                
                HB 323-EXTEND: BOARD OF PHARMACY                                                                            
                                                                                                                                
1:23:50 PM                                                                                                                    
                                                                                                                                
CHAIR KITO  announced that  the next order  of business  would be                                                               
HOUSE BILL  NO. 323,  "An Act extending  the termination  date of                                                               
the Board of Pharmacy; and providing for an effective date."                                                                    
                                                                                                                                
CHAIR KITO announced he would reintroduce HB 323 on behalf of                                                                   
Representative Sullivan-Leonard, prime sponsor, as she was                                                                      
unable to attend the bill hearing.                                                                                              
                                                                                                                                
CHAIR KITO paraphrased from the sponsor statement, which reads                                                                  
as follows [original punctuation provided]:                                                                                     
                                                                                                                                
     House  Bill 323  extends the  termination date  for the                                                                    
     Board  of  Pharmacy  to  June  30,  2022.  Pursuant  to                                                                    
     A.S.?08.03.010(  c)(16),  this  Board is  scheduled  to                                                                    
     sunset on June  30th, 2018 if the  legislature does not                                                                    
     pass legislation extending it.                                                                                             
                                                                                                                                
     Legislative Audit  reviewed the Board's  operations and                                                                    
     determined  that it  is  in the  best  interest of  the                                                                    
     state   to  extend   this   Board  considering   recent                                                                    
     statutory    changes    that   expand    the    Board's                                                                    
     responsibilities   in   relation  to   the   controlled                                                                    
     substance     prescription     database.     Therefore,                                                                    
     recommendation  is  made to  extend  this  Board for  4                                                                    
     years or through June 30, 2022.                                                                                            
                                                                                                                                
     The  Board of  Pharmacy  is composed  of  7 members;  5                                                                    
     licensed pharmacists  actively engaged in  the practice                                                                    
     of  pharmacy in  the  State  for a  period  of 3  years                                                                    
     immediately preceding their  appointments and 2 members                                                                    
     of the public.                                                                                                             
                                                                                                                                
     The Board  also regulates  admission into  the practice                                                                    
     of pharmacy,  establishes and enforces  compliance with                                                                    
     professional standards and  adopts regulations. It also                                                                    
     establishes  and   maintains  a   controlled  substance                                                                    
     prescription  database, and  establishes standards  for                                                                    
     the  independent  administration  by  a  pharmacist  of                                                                    
     vaccines,  related  emergency  medications  and  opioid                                                                    
     overdose drugs.                                                                                                            
                                                                                                                                
     The  Board  also  oversees licensing  for  pharmacists,                                                                    
     pharmacy  interns,  pharmacy  technicians,  pharmacies,                                                                    
     wholesale drug  distributors located inside  the state,                                                                    
     licenses  drug   rooms  located   inside  institutional                                                                    
     facilities  and   also  registers   pharmacies  located                                                                    
     outside  of the  State if  a pharmacy  ships, mails  or                                                                    
     delivers  prescription  drugs   to  consumers  of  that                                                                    
     state.                                                                                                                     
                                                                                                                                
        These regulations control various aspects of the                                                                        
     field, including but not limited to controlling and                                                                        
     regulating   the  practice   of  pharmacy   in  Alaska.                                                                    
     A.S.?08.80.005  mandates  that  effective  control  and                                                                    
     regulation  is  necessary   to  promote,  preserve  and                                                                    
     protect the public's health, safety and                                                                                    
     welfare.                                                                                                                   
                                                                                                                                
1:26:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON moved to report  HB 323 out of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.  There being no objection, it was so ordered.                                                                            
                                                                                                                                
1:26:55 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:27 p.m. to 1:28 p.m.                                                                       
                                                                                                                                
         HB 318-EXTEND: BOARD OF SOCIAL WORK EXAMINERS                                                                      
                                                                                                                                
1:28:14 PM                                                                                                                    
                                                                                                                                
CHAIR KITO  announced that  the next order  of business  would be                                                               
HOUSE BILL  NO. 318,  "An Act extending  the termination  date of                                                               
the  Board  of  Social  Work  Examiners;  and  providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
1:28:27 PM                                                                                                                    
                                                                                                                                
TED  MADSEN, Staff,  Representative Ivy  Spohnholz, Alaska  State                                                               
Legislature,  introduced  HB  318  on  behalf  of  Representative                                                               
Spohnholz, prime sponsor.   He testified HB 318  would extend the                                                               
termination  date of  the Board  of Social  Work Examiners  until                                                               
June 30, 2026.                                                                                                                  
                                                                                                                                
CHAIR  KITO announced  public  testimony was  still  open from  a                                                               
previous hearing.   Upon ascertaining  that no one  was available                                                               
to testify, he closed public testimony on HB 318.                                                                               
                                                                                                                                
1:29:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON moved to report  HB 318 out of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.  There being no objection, it was so ordered.                                                                            
1:30:07 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
         HB 255-PLUMBING/ELECTRIC CERTIFICATE OF FITNESS                                                                    
                                                                                                                                
1:31:56 PM                                                                                                                    
                                                                                                                                
CHAIR KITO  announced that the  final order of business  would be                                                               
HOUSE  BILL  NO.  255,  "An   Act  relating  to  individuals  and                                                               
employees  who  must  have certificates  of  fitness  to  perform                                                               
certain  plumbing  and electrical  work;  and  relating to  civil                                                               
penalties and violations for not  having required certificates of                                                               
fitness."                                                                                                                       
                                                                                                                                
1:32:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CHRIS  TUCK, Alaska State  Legislature, introduced                                                               
HB  255 as  prime sponsor.    He gave  an overview  of the  bill,                                                               
explaining that  HB 255  would change  the violation  for working                                                               
without  a  certificate  of  fitness  from  a  misdemeanor  to  a                                                               
citation and  a fine.   He stated  the proposed bill  would bring                                                               
the  department practices  in line  with  other business  license                                                               
standards.                                                                                                                      
                                                                                                                                
1:33:47 PM                                                                                                                    
                                                                                                                                
CHAIR KITO moved Amendment 1.                                                                                                   
                                                                                                                                
     Page 2, lines 14 - 15:                                                                                                     
          Delete "[, EITHER AN EMPLOYER OR EMPLOYEE,]"                                                                          
          Insert ", other than [EITHER] an [EMPLOYER OR]                                                                    
     employee,"                                                                                                                 
                                                                                                                                
     Page 2, lines 17 - 18:                                                                                                     
          Delete "BY A FINE OF NOT MORE THAN $500]"                                                                             
          Insert "] by a fine of not more than $500"                                                                            
                                                                                                                                
REPRESENTATIVE  TUCK explained  Amendment  1 reserves  violations                                                               
for employers.   He pointed  to page 2,  line 14, of  the statute                                                               
and  explained that  independent contractors  would be  under the                                                               
same sanctions as an employer.                                                                                                  
                                                                                                                                
1:35:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON  asked about violations,  citations, and                                                               
administrative penalties.                                                                                                       
                                                                                                                                
1:36:33 PM                                                                                                                    
                                                                                                                                
DEBORAH  KELLY, Director,  Labor Standards  and Safety  Division,                                                               
answered  questions in  the hearing  on  HB 255.   She  explained                                                               
there was a multitiered process  involving options for a citation                                                               
or an administrative fine.                                                                                                      
                                                                                                                                
CHAIR   KITO  asked   whether  the   two   penalties  worked   in                                                               
conjunction.                                                                                                                    
                                                                                                                                
MS.  KELLY  answered in  the  affirmative.    She added  the  way                                                               
penalties   work  for   other  licensure,   such  as   contractor                                                               
licensing,  generally  an administrative  fine  is  issued.   She                                                               
added that  with severe  violations or for  those who  refused to                                                               
pay, the citation process is used.                                                                                              
                                                                                                                                
1:37:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES  shared her  concern that the  change would                                                               
put  the  employee  "between  a  rock and  a  hard  spot."    She                                                               
suggested exempting the employee.                                                                                               
                                                                                                                                
1:38:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   TUCK   mentioned   the   committee   had   heard                                                               
Representative Knopp  state he  did not  like the  certificate of                                                               
fitness.   He explained that  general contractors  cannot perform                                                               
or expect their  employees to do electrical work.   He added that                                                               
in  the   electrical  industry  there   was  a   requirement  for                                                               
additional licensing for administrators.   He said the aim was to                                                               
maintain the integrity of the system.    He said there should not                                                               
be any "gray areas."                                                                                                            
                                                                                                                                
1:39:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON spoke  to  misdemeanors  and said  that                                                               
taking  a case  to  a jury  can  be hard  to do.    He asked  for                                                               
confirmation that  the fine would be  up to $500 and  not imposed                                                               
on the employee.                                                                                                                
                                                                                                                                
REPRESENTATIVE TUCK  clarified the  fine would  be not  more than                                                               
$500 for  the employer, and $125  for the first offence  and $250                                                               
for each subsequent offence for the employee.                                                                                   
                                                                                                                                
REPRESENTATIVE  JOSEPHSON   surmised  "there   is  jurisdictional                                                               
workplace confusion about  who has the authority  and training to                                                               
do certain  work in  the field," and  asked whether  the proposed                                                               
bill simply made it easier to cite someone.                                                                                     
                                                                                                                                
REPRESENTATIVE  TUCK answered  that it  is the  responsibility on                                                               
the employee to maintain the certificate of fitness.                                                                            
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  asked whether  there  is  a gray  area                                                               
regarding who does what work on a worksite.                                                                                     
                                                                                                                                
1:42:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK answered  there were  different requirements                                                               
according to  the scope of  work, and some licenses  only require                                                               
1,000 hours of  training.  He added that HB  255 does not address                                                               
those issues.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  JOSEPHSON spoke  to Amendment  1.   He offered  a                                                               
hypothetical situation  involving the  action of an  employee and                                                               
asked  whether the  proposed bill  would offer  leniency in  that                                                               
scenario.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  TUCK answered  HB  255 was  modelled after  other                                                               
licensing legislation.  He said  the original draft contained the                                                               
same  fines for  both employee  and employer,  and the  amendment                                                               
made  the  proposed  bill  "very soft"  in  comparison  to  other                                                               
license violations with more severe fines.                                                                                      
                                                                                                                                
1:44:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BIRCH  spoke  to  Amendment  1.    He  cited  the                                                               
language regarding a  person other than an employee.   He said he                                                               
was still uncertain of how the amendment would help that person.                                                                
                                                                                                                                
1:45:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK  answered that the amendment  further softens                                                               
the penalty  on the employee.    He  added it maintains  a person                                                               
carrying  out the  work who  is not  an employee  or an  employer                                                               
would get the same sanctions for  a violation as an employer.  He                                                               
further  added  the  amendment  would ensure  there  was  not  an                                                               
increase on  the fine and contains  a cap of $25  thousand for an                                                               
employer.                                                                                                                       
                                                                                                                                
1:46:50 PM                                                                                                                    
                                                                                                                                
CHAIR  KITO  asked for  clarification  of  whether it  should  be                                                               
$2,500 or $25 thousand for the employer.                                                                                        
                                                                                                                                
REPRESENTATIVE  TUCK  clarified  it  was  $25  thousand  for  the                                                               
employer and $2,500 for the employee.                                                                                           
                                                                                                                                
SPEAKER  EDGMON removed  his  objection.   There  being no  other                                                               
further objection, Amendment 1 was adopted.                                                                                     
                                                                                                                                
1:47:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES  asked whether  a certification  of fitness                                                               
was required to drive a truck to backfill a ditch.                                                                              
                                                                                                                                
REPRESENTATIVE  TUCK answered  in the  affirmative.   He added  a                                                               
certification of  fitness was  required to  install the  pipe, to                                                               
install wire,  to dig the  ditch, to  backfill the ditch,  to set                                                               
the poles, and to set the gear.   He explained that with too many                                                               
contractors working on  a system, it is hard to  determine who is                                                               
responsible when  something goes wrong.   He reiterated  that the                                                               
certificate of fitness maintains the integrity of the system.                                                                   
                                                                                                                                
REPRESENTATIVE STUTES said  she thought it seems  "we are putting                                                               
our general labors out of work."                                                                                                
                                                                                                                                
1:49:07 PM                                                                                                                    
                                                                                                                                
CHAIR KITO asked whether the  bill would change how the penalties                                                               
are assessed or change the responsibilities.                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK  mentioned  Representative  Knopp's  remarks                                                               
that  he  did not  want  the  penalties  and  that "if  it's  not                                                               
enforceable, then it's allowed."                                                                                                
                                                                                                                                
1:49:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES  restated her question of  whether a worker                                                               
was  required  to have  a  certificate  of  fitness in  order  to                                                               
"backfill."                                                                                                                     
                                                                                                                                
REPRESENTATIVE TUCK answered in the  affirmative.  He deferred to                                                               
the department.                                                                                                                 
                                                                                                                                
1:50:26 PM                                                                                                                    
                                                                                                                                
WILLIAM  HARLAN,  Mechanical  Inspection Manager,  Department  of                                                               
Labor  and Workforce  Development (DLWD),  answered questions  in                                                               
the hearing on HB 255.   He confirmed that under current policy a                                                               
certificate  of fitness  would be  required.   He added  that the                                                               
proposed bill would not affect the requirement.                                                                                 
                                                                                                                                
1:51:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON asked whether  there is something called                                                               
a "utility  card" that  allows someone  without a  certificate of                                                               
fitness to do that work.                                                                                                        
                                                                                                                                
MR. HARLAN asked for the question to be restated.                                                                               
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  asked  whether a  utility  card  would                                                               
enable someone  who does not  have the certificate of  fitness to                                                               
do "in-between work."                                                                                                           
                                                                                                                                
MR.  HARLAN   explained  that   public  utilities   are  exempted                                                               
elsewhere in statute so that they  can carry out work in a public                                                               
easement.   He added that  subcontractors doing work on  a public                                                               
utility property would need a certificate of fitness.                                                                           
                                                                                                                                
1:53:14 PM                                                                                                                    
                                                                                                                                
MS.  KELLY  added  that  there are  some  other  certificates  of                                                               
fitness, such as a  plumber-restricted public utility certificate                                                               
of fitness,  which allows  certain types of  plumbing work  to be                                                               
carried out  with fewer  hours required than  for a  full plumber                                                               
journeyman.                                                                                                                     
                                                                                                                                
1:53:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON moved to report  HB 255 out of committee                                                               
as amended  with individual recommendations and  the accompanying                                                               
fiscal notes.  There being no objection, it was so ordered.                                                                     
                                                                                                                                
1:54:47 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Labor and  Commerce Standing Committee  meeting was  adjourned at                                                               
1:54 p.m.                                                                                                                       
                                                                                                                                

Document Name Date/Time Subjects
HB255 Support Letters 2.6.18.pdf HL&C 2/10/2018 1:00:00 PM
HB 255
HB279 Opposition Letter 1.30.18.pdf HL&C 2/10/2018 1:00:00 PM
HB 279
HB299 Support Letters 2.1.18.pdf HL&C 2/10/2018 1:00:00 PM
HB 299
HB302 Legislative Audit 1.30.18.pdf HL&C 2/10/2018 1:00:00 PM
HB 302