Legislature(2017 - 2018)BARNES 124

03/07/2018 03:15 PM LABOR & COMMERCE

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05:09:13 PM Adjourn
03:20:20 PM Start
03:22:04 PM HB309
04:33:24 PM Confirmation Hearings
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearings: TELECONFERENCED
Commissioner, Dept. of Commerce, Community, &
Economic Development; AK State Board of Public
Accountancy; Alcoholic Beverage Control Board;
State Board of Registration for Architects,
Engineers, & Land Surveyors; Board of Barbers &
Hairdressers; Board of Chiropractic Examiners;
Board of Dental Examiners; AK Labor Relations
Agency; Marijuana Control Board; Board of Marine
Pilots; Board of Marital & Family Therapy; Board
of Massage Therapists; Board of Certified
Direct-Entry Midwives; Board of Nursing; Board
of Examiners in Optometry; Board of Pharmacy;
State Physical Therapy & Occupational Therapy
Board; Board of Professional Counselors; Board
of Certified Real Estate Appraisers; Regulatory
Commission of AK; Board of Social Work
Examiners; Board of Veterinary Examiners;
Workers’ Compensation Appeals Commission; AK
Workers' Compensation Board
*+ HB 326 NATUROPATHS: LICENSING; PRACTICE TELECONFERENCED
Scheduled but Not Heard
-- Public Testimony --
*+ HB 89 LICENSE RADIOLOGIC/NUC. MED TECHNOLOGISTS TELECONFERENCED
Scheduled but Not Heard
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 309 REJECT OFFICERS COMP. COMMISSION REPORT TELECONFERENCED
Heard & Held
                     ALASKA STATE LEGISLATURE                                                                                 
           HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                        
                          March 7, 2018                                                                                         
                            3:20 p.m.                                                                                           
                                                                                                                                
                             DRAFT                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Sam Kito, Chair                                                                                                  
Representative Adam Wool, Vice Chair                                                                                            
Representative Andy Josephson                                                                                                   
Representative Louise Stutes                                                                                                    
Representative Chris Birch                                                                                                      
Representative Gary Knopp                                                                                                       
Representative Colleen Sullivan-Leonard                                                                                         
                                                                                                                                
MEMBERS ABSENT                                                                                                                
Representative Mike Chenault (alternate)                                                                                        
Representative Bryce Edgmon (alternate)                                                                                         
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 309                                                                                                              
"An Act  disapproving all recommendations  of the  State Officers                                                               
Compensation Commission  relating to the  compensation, benefits,                                                               
and allowances of state officers;  and providing for an effective                                                               
date."                                                                                                                          
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
CONFIRMATION HEARINGS                                                                                                           
                                                                                                                                
Commissioner, Department of Commerce, Community & Economic                                                                    
Development (DCCED)                                                                                                           
                                                                                                                                
     Mike Navarre - Kenai                                                                                                       
                                                                                                                                
Board of Massage Therapists                                                                                                   
                                                                                                                                
     David Edwards-Smith - Soldotna                                                                                             
                                                                                                                                
Board of Barbers and Hairdressers                                                                                             
                                                                                                                                
     Vershawn Idom - Anchorage                                                                                                  
                                                                                                                                
Alaska Labor Relations Agency                                                                                                 
     Lon Needles - Valdez                                                                                                       
                                                                                                                                
Alcoholic Beverage Control Board ("ABC Board")                                                                                
                                                                                                                                
     Sara Erickson - Soldotna                                                                                                   
                                                                                                                                
Board of Examiners in Optometry                                                                                               
                                                                                                                                
     Eric Lingle                                                                                                                
                                                                                                                                
Board of Certified Direct-Entry Midwives                                                                                      
                                                                                                                                
     Kenni Linden - Palmer                                                                                                      
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 309                                                                                                                  
SHORT TITLE: REJECT OFFICERS COMP. COMMISSION REPORT                                                                            
SPONSOR(s): REPRESENTATIVE(s) GUTTENBERG                                                                                        
                                                                                                                                
01/26/18       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/26/18       (H)       L&C, FIN                                                                                               
03/05/18       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/05/18       (H)       Heard & Held                                                                                           
03/05/18       (H)       MINUTE(L&C)                                                                                            
03/07/18       (H)       L&C AT 3:15 PM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
CHAIR SAM KITO                                                                                                                  
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in the hearing on HB 309.                                                                      
                                                                                                                                
REPRESENTATIVE DAVID GUTTENBERG                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as prime sponsor of HB 309.                                                                    
                                                                                                                                
MIKE NAVARRE                                                                                                                    
Commissioner Designee                                                                                                           
Department of Commerce, Community, and Economic Development                                                                     
(DCCED)                                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in the confirmation hearing.                                                                   
                                                                                                                                
DAVID EDWARDS-SMITH, Chair                                                                                                      
Board of Massage Therapists                                                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Testified as  an appointee to the  Board of                                                             
Massage Therapists.                                                                                                             
                                                                                                                                
VERSHAWN IDOM, Appointee                                                                                                        
Board of Barbers and Hairdressers                                                                                               
Office of the Governor                                                                                                          
POSITION STATEMENT:   Testified as  an appointee to the  Board of                                                             
Barbers and Hairdressers.                                                                                                       
                                                                                                                                
LON NEEDLES, Board Member                                                                                                       
Alaska Labor Relations Agency                                                                                                   
Alaska Department of Labor and Workforce Development                                                                            
Valdez, Alaska                                                                                                                  
POSITION  STATEMENT:   Testified  as a  appointee  to the  Alaska                                                             
Labor Relations Agency.                                                                                                         
                                                                                                                                
SARA ERICKSON                                                                                                                   
Alcoholic Beverage Control Board (ABC Board)                                                                                    
Office of the Governor                                                                                                          
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:   Testified as an appointee  to the Alcoholic                                                             
Beverage Control Board (ABC Board).                                                                                             
                                                                                                                                
ERIC LINGLE, Public member                                                                                                      
Board of Examiners in Optometry                                                                                                 
Office of the Governor                                                                                                          
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Testified as  an appointee to the  Board of                                                             
Examiners in Optometry.                                                                                                         
                                                                                                                                
KENNI LINDEN, Public Member                                                                                                     
Board of Certified Direct-Entry Midwives                                                                                        
Office of the Governor                                                                                                          
Palmer, Alaska                                                                                                                  
POSITION STATEMENT:   Testified as  an appointee to the  Board of                                                             
Certified Direct-Entry Midwives.                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:20:20 PM                                                                                                                    
                                                                                                                                
CHAIR  SAM KITO  called  the House  Labor  and Commerce  Standing                                                             
Committee  meeting   to  order   at  3:20   p.m.  Representatives                                                               
Sullivan-Leonard, Knopp, Birch, Josephson, Wool, and Kito were                                                                  
present at the call to order.  Representatives Stutes arrived as                                                                
the meeting was in progress.                                                                                                    
                                                                                                                                
3:22:04 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:22 p.m. to 3:22 p.m.                                                                       
                                                                                                                                
3:22:30 PM                                                                                                                    
                                                                                                                                
CHAIR KITO passed the gavel to Vice-Chair Wool.                                                                                 
                                                                                                                                
         HB 309-REJECT OFFICERS COMP. COMMISSION REPORT                                                                     
                                                                                                                                
3:23:08 PM                                                                                                                    
                                                                                                                                
CHAIR SAM KITO, Alaska State Legislature, testified in the                                                                      
hearing on HB 309.  He continued his presentation from where he                                                                 
had left off in the previous hearing.                                                                                           
                                                                                                                                
CHAIR KITO reviewed slide 8, "Current Compensation":                                                                            
                                                                                                                                
          Base Salary $50,400                                                                                                   
          Per diem based on federal short-term rate                                                                             
          Relocation expenses provided                                                                                          
          Travel per diem provided                                                                                              
          Non-Juneau Base = $75,150                                                                                             
          Juneau Base = $68,692.5                                                                                               
          Total All Legislators Base = $4.49 Million                                                                            
                                                                                                                                
3:23:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KITO moved on to slide 9, "Option A":                                                                            
                                                                                                                                
          Base Salary $42,000                                                                                                   
          Per day stipend                                                                                                       
          $180 for Regular session                                                                                              
          $150 for extended session                                                                                             
          $50 for first special session                                                                                         
          $30 for second special session                                                                                        
          $10 for third special session                                                                                         
          $0 for an additional special sessions                                                                                 
          Per diem based on federal per diem                                                                                    
          Non-Juneau Base = $73,635                                                                                             
          Juneau Base = $58,200                                                                                                 
          Total All Legislators Base = $4.37 Million                                                                            
                                                                                                                                
3:26:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SULLIVAN-LEONARD  asked   whether  there  is  any                                                               
consideration given to special meetings such as subcommittees.                                                                  
                                                                                                                                
CHAIR KITO  answered there is  not.   He explained it  would work                                                               
the way it does now with travel per diem and expenses.                                                                          
                                                                                                                                
3:28:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BIRCH said  that 57 of the 60  legislators have to                                                               
travel away from home.  He  shared his understanding that the aim                                                               
of  the  proposed   bill  is  to  restore  per   diem  to  Juneau                                                               
legislators.    He  asked  what  else was  at  the  core  of  the                                                               
question.                                                                                                                       
                                                                                                                                
CHAIR  KITO said  that  in  his analysis,  he  was attempting  to                                                               
identify  how  to  equitably compensate  legislators  across  the                                                               
board.  He  said that in the original report  in 2009-2010 it was                                                               
acknowledged that  100 percent  of the short  term per  diem rate                                                               
was not required to live in  Juneau, Alaska. He added there is no                                                               
public record  or written record  but there is action  that shows                                                               
Juneau  legislators would  receive 75  percent of  the rate.   He                                                               
said that  as a long  term per diem rate,  there was a  $7,000 to                                                               
$7,500 difference for  Juneau, Alaska, legislators as  a base. He                                                               
added  100  percent of  the  per  diem  rate now  for  non-Juneau                                                               
legislators is  around $24,000 and  he said  he thinks it  is not                                                               
reasonable  to assume  that $24,000  is  what it  costs for  non-                                                               
Juneau legislators to live in Juneau, Alaska.                                                                                   
                                                                                                                                
3:31:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KNOPP  spoke to  slide 12, "Option  B".   He noted                                                               
that in  two years there  have been  eight special sessions.   He                                                               
added that costs go up for  housing during the summer months.  He                                                               
suggested the  salary compensation  committee should  examine the                                                               
issue.                                                                                                                          
                                                                                                                                
3:33:08 PM                                                                                                                    
                                                                                                                                
CHAIR  KITO answered  that it  was true  that legislators  do not                                                               
have control over the call  to special sessions.  He acknowledged                                                               
that legislators  residing outside the 50-mile  limit would still                                                               
be eligible  to receive  per diem,  they just  would not  get the                                                               
meeting stipend.   He said  it doesn't decrease  pay effectively.                                                               
He shared his  concern that the more special  sessions there are,                                                               
the  more revenue  legislators receive.   He  said the  potential                                                               
with Option  B was  to decrease  the cost of  session by  over $1                                                               
million.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  KNOPP  spoke to  a  Department  of Defense  (DoD)                                                               
chart for per diem rates. He  said he put forward a resolution in                                                               
the previous year  to follow the guidelines.  He  added it didn't                                                               
gain traction  or move forward.   He asked Chair Kito  whether he                                                               
had examined the federal rate.                                                                                                  
                                                                                                                                
3:36:24 PM                                                                                                                    
                                                                                                                                
CHAIR  KITO said  he  thinks  if the  federal  per  diem rate  is                                                               
avoided, it is more reasonable to  focus on per diem as costs for                                                               
being in  a location that is  not the primary residence.  He said                                                               
he  did  review the  federal  per  diem  rates and  attempted  to                                                               
acknowledge   the  cost   to  relocate   but  also   address  the                                                               
disproportionate   compensation   that   in  this   case   Juneau                                                               
legislators receive.                                                                                                            
                                                                                                                                
3:37:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON  said he  wonders what the  public would                                                               
think of the word "stipend."                                                                                                    
                                                                                                                                
CHAIR  KITO answered  that he  was  trying to  identify what  the                                                               
issues were.  He said he  thinks the salary commission has failed                                                               
to address legislative compensation at all.   He said it is clear                                                               
to him that there are two  forms of compensation: the base salary                                                               
and per  diem.   He suggested  the per diem  is a  combination of                                                               
compensation and the acknowledgement  of living expenses. He said                                                               
he was trying  to push the attention to session  for the first 90                                                               
days and not have as  many extended sessions as legislators would                                                               
not get compensated at the same level.                                                                                          
                                                                                                                                
CHAIR KITO  stated there aren't  any minutes from  the commission                                                               
meetings.   He said he didn't  know who was speaking  and towards                                                               
the  end  of the  second  meeting  he started  recognizing  their                                                               
voices. He said he believes  the commission was operating outside                                                               
of the law in reducing Juneau  legislator pay by $18,000. He said                                                               
that to  believe that amount  is strictly  provided to him  or to                                                               
other legislators  for relocation does  not make sense.   He said                                                               
that lead  him to the conclusion  that per diem is  a combination                                                               
of  compensation  and  living  expenses.     He  underlined  that                                                               
relocation costs are designated separately                                                                                      
                                                                                                                                
3:43:35 PM                                                                                                                    
                                                                                                                                
VICE-CHAIR WOOL  shared his understanding that  the total package                                                               
is per diem  and salary, and part of that  per diem is considered                                                               
compensation and not considered  compensation for room and board.                                                               
He said he also thinks lowering  the per diem is lowering some of                                                               
the  actual salary.    He  added cutting  per  diem entirely  for                                                               
Juneau legislators is cutting their salary.                                                                                     
                                                                                                                                
CHAIR KITO  said under Option D,  the amount of budgeting  is the                                                               
same. He said all of the  options he looked at would decrease the                                                               
amount of money spent on legislative compensation.                                                                              
                                                                                                                                
VICE-CHAIR  WOOL said  constituents ask,  "Why do  you guys  need                                                               
$300 a day to live in Juneau, Alaska?"                                                                                          
                                                                                                                                
3:46:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   BIRCH   said,   "This   applies   equitably   to                                                               
everybody."   He  added that  more than  half of  legislators are                                                               
from Anchorage,  Alaska, and would  receive no per diem  if there                                                               
were special  sessions in that  city. He  said he think  the idea                                                               
that [per  diem] is compensation  is really a misnomer.  He added                                                               
he thinks  the idea of  throwing out the recommendation  from the                                                               
commission is "a step too far."                                                                                                 
                                                                                                                                
3:48:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SULLIVAN-LEONARD  commended  Representative  Kito                                                               
for  bringing the  discussion  forward.   She  indicated she  had                                                               
looked at  the federal side and  at other states on  the per diem                                                               
issue.  She  added she  was  not  pleased with  the  compensation                                                               
committee and  she thinks  it didn't come  across as  an unbiased                                                               
committee.                                                                                                                      
                                                                                                                                
3:49:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES  noted that  on slide  14, "Option  D", the                                                               
base salary numbers are backwards:  Non-Juneau Base = $70,000 and                                                               
Juneau Base = $77,020.                                                                                                          
                                                                                                                                
CHAIR KITO answered that was correct.                                                                                           
                                                                                                                                
REPRESENTATIVE  STUTES  stated  she  agrees  with  Representative                                                               
Sullivan-Leonard  that  the  salary commission  was  "off-kilter"                                                               
with  their  assessment.    She   questioned  the  difference  in                                                               
compensation  for living  expenses  if one  legislator  has a  3-                                                               
bedroom apartment during session and another rents a room.                                                                      
                                                                                                                                
CHAIR KITO  stated the  committee, with  respect to  the proposed                                                               
bill, had three  options: to move nothing forward,  to reject the                                                               
recommendation   of  the   commission,   or  consider   something                                                               
different.                                                                                                                      
                                                                                                                                
3:51:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON said, "I'm not comfortable with this                                                                   
discussion."  He said he agrees about the commission's work, but                                                                
that he is not comfortable setting his own salary.                                                                              
                                                                                                                                
3:53:49 PM                                                                                                                    
                                                                                                                                
CHAIR KITO addressed slide 13, "Option C":                                                                                      
                                                                                                                                
          Base Salary $30,000                                                                                                   
          Per day stipend                                                                                                       
          $300 for Regular session                                                                                              
          $150 for extended session                                                                                             
          $50 for first special session                                                                                         
          $30 for second special session                                                                                        
          $10 for third special session                                                                                         
          $0 for an additional special sessions                                                                                 
          Per diem based on state long-term rate of $78 per                                                                     
          day                                                                                                                   
          Non-Juneau Base = $64,020                                                                                             
          Juneau Base = $57,000                                                                                                 
          Total All Legislators Base = $3.82 Million                                                                            
                                                                                                                                
CHAIR KITO identified that the base salary can be adjusted and                                                                  
can apply equitably to every legislator.                                                                                        
                                                                                                                                
CHAIR KITO moved to slide 14, "Option D":                                                                                       
                                                                                                                                
          Base Salary $70,000                                                                                                   
          No meeting stipend                                                                                                    
          Per diem based on state long-term rate of $78 per                                                                     
          day                                                                                                                   
          Non-Juneau Base = $70,000                                                                                             
          Juneau Base = $77,020                                                                                                 
          Total All Legislators Base = $4.60 Million                                                                            
                                                                                                                                
CHAIR KITO spoke to "Cost Comparison" in slides 15-21,                                                                          
starting on slide 16:                                                                                                           
                                                                                                                                
     ASOCC Overall difference from current                                                                                      
          90-day: ($55,687.50)                                                                                                  
          120-day: ($74,925.00)                                                                                                 
          Three    special   sessions    in   first    year:                                                                    
               ($134,662.50)                                                                                                    
                                                                                                                                
CHAIR KITO moved through the Cost Compensation slides:                                                                          
                                                                                                                                
     Option A Overall Difference from current                                                                                   
          90-day: ($118,642.50)                                                                                                 
          120-day: ($52,560.00)                                                                                                 
          Three special sessions in first year: $47,295.00                                                                      
     Option B Overall Difference from current                                                                                   
          90-day: ($58,297.50)                                                                                                  
          120-day: ($161,505.00)                                                                                                
          Three    special   sessions    in   first    year:                                                                    
          ($1,172,452.50)                                                                                                       
                                                                                                                                
     Option C Overall Difference from Current                                                                                   
          90-day: ($670,297.50)                                                                                                 
          120-day: ($773,505.00)                                                                                                
          Three    special   sessions    in   first    year:                                                                    
          ($1,784,,452.50)                                                                                                      
     Option D Overall Difference from Current                                                                                   
          90-day: $109,702.50                                                                                                   
          120-day: ($263,505.00)                                                                                                
          Three    special   sessions    in   first    year:                                                                    
          ($1,436,452.50)                                                                                                       
                                                                                                                                
4:00:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES  requested Chair Kito review  slide 17 with                                                               
the graph.                                                                                                                      
                                                                                                                                
CHAIR  KITO explained  the  blue line  on the  left  is the  base                                                               
compensation.   He pointed to lines  showing current compensation                                                               
between non-Juneau  and Juneau, Alaska, legislators.   He pointed                                                               
out that  overall compensation,  including per  diem, for  a non-                                                               
Juneau legislator  could be  as much  as $110,000,  while Juneau,                                                               
Alaska,   legislators  would   still  receive   $50,400,  for   a                                                               
difference of $60,000 in a single year with 3 special sessions.                                                                 
                                                                                                                                
4:02:58 PM                                                                                                                    
                                                                                                                                
VICE-CHAIR  WOOL  remarked  that  the commission  had  said  they                                                               
"didn't want people  coming to this job for the  money."  He said                                                               
he thought  it was not  reasonable to  think anyone does  the job                                                               
for the  money. He  observed there  are savings  in all  of Chair                                                               
Kito's options  and he  said if  he were  a Juneau  legislator it                                                               
would affect his ability to run for office.                                                                                     
                                                                                                                                
CHAIR KITO  shared his  personal decisions  based on  the current                                                               
situation.   He  remarked  that the  legislature  was becoming  a                                                               
full-time job that precludes working elsewhere.                                                                                 
                                                                                                                                
4:08:15 PM                                                                                                                    
                                                                                                                                
VICE-CHAIR WOOL removed his objection.                                                                                          
                                                                                                                                
4:08:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KNOPP  stated he knows  there is an impact,  so he                                                               
is open to the  discussion.  He added he was not  so sure that he                                                               
is ready to adopt a committee substitute.                                                                                       
                                                                                                                                
REPRESENTATIVE JOSEPHSON  asked Chair Kito for  confirmation that                                                               
the proposed bill contains Option B.                                                                                            
                                                                                                                                
CHAIR KITO  answered the committee substitute  contains Option B,                                                               
which  establishes  a  salary  of   $3,315  with  the  additional                                                               
compensation for  the speaker of  the house and the  president of                                                               
the  senate. He  spoke  to  the stipend  language.    He said  in                                                               
subsection C  there is  a proposal for  those legislators  not in                                                               
Juneau not  to receive a  meeting stipend but to  receive lodging                                                               
per diem.   He  added that  each member would  be entitled  to an                                                               
annual allowance for office expenses.                                                                                           
                                                                                                                                
VICE-CHAIR  WOOL asked  for clarification  that  Juneau and  non-                                                               
Juneau legislators would receive the same per diem.                                                                             
                                                                                                                                
CHAIR  KITO answered  Juneau legislators  would  not receive  per                                                               
diem.                                                                                                                           
                                                                                                                                
4:12:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KNOPP  said he would  not support adoption  of the                                                               
CS and prefers to address the original bill.                                                                                    
                                                                                                                                
VICE-CHAIR WOOL  confirmed if the  committee rejects the CS  as a                                                               
working  document,   the  original  bill  is   still  before  the                                                               
committee.                                                                                                                      
                                                                                                                                
4:14:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BIRCH stated he was  opposed to the substitute and                                                               
to the  original bill proposal.   He  said he doesn't  think it's                                                               
the legislators'  option to reject the  commission's findings. He                                                               
said he  would return to  the salary  commission and ask  them to                                                               
review the decision.                                                                                                            
                                                                                                                                
4:16:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STUTES  asked  whether   the  CS  was  also  from                                                               
Representative Guttenberg.                                                                                                      
                                                                                                                                
CHAIR  KITO clarified  he had  not worked  in collaboration  with                                                               
Representative  Guttenberg on  HB 309.   He  asked to  be recused                                                               
from voting as the result impacts him directly.                                                                                 
                                                                                                                                
4:17:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STUTES  asked whether  Representative  Guttenberg                                                               
supports the CS.                                                                                                                
                                                                                                                                
CHAIR KITO answered that he  had discussed expanding the scope of                                                               
the proposed bill with Representative  Guttenberg, but he did not                                                               
know  whether  Representative  Guttenberg  agreed  with  specific                                                               
components of the CS.                                                                                                           
                                                                                                                                
4:17:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON said  he thinks there is  cause to delay                                                               
the decision  because the committee  needs a legal  opinion about                                                               
whether Chair Kito can recuse himself.                                                                                          
                                                                                                                                
4:20:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KNOPP said he thinks the  CS should be held and no                                                               
action should be  taken at this time.  He  said the committee has                                                               
90  days   to  reject  or  adopt   the  compensation  committee's                                                               
recommendation.                                                                                                                 
                                                                                                                                
VICE-CHAIR  WOOL  said  the  commission  decision  affects  three                                                               
legislators.   He said he thinks  it's not that simple  and there                                                               
is a compensation component.                                                                                                    
                                                                                                                                
4:22:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES said she agrees with holding the CS over.                                                                 
                                                                                                                                
CHAIR  KITO explained  the commission's  recommendation would  go                                                               
into effect if no action is  taken by the following Wednesday and                                                               
the window for action was the first 60 of legislative session.                                                                  
                                                                                                                                
4:23:20 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 4:23 p.m. to 4:24 p.m.                                                                       
                                                                                                                                
4:24:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAVID   GUTTENBERG,  Alaska   State  Legislature,                                                               
testified as prime sponsor of HB  309. He said the commission had                                                               
been  established to  depoliticize  legislative  salaries and  he                                                               
said  he  felt the  commission  had  attempted to  create  public                                                               
policies through  the salary  discussion.  He  said there  were a                                                               
lot  of questions  that  went  unanswered.   He  added that  when                                                               
listening  to the  second meeting,  he had  the clear  impression                                                               
that a lot of decisions were  taken off the record.  He indicated                                                               
at the  second meeting the  commission approved the  minutes, but                                                               
the minutes were still not on  public record.  He stated he feels                                                               
there needs to be a  hands-off process to depoliticize legislator                                                               
salaries.                                                                                                                       
                                                                                                                                
4:27:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   BIRCH   shared   his  understanding   that   the                                                               
commission  recommendation   was  to   eliminate  per   diem  for                                                               
legislators  who   reside  within  50   miles  of  the   site  of                                                               
legislative  session.    He  asked   for  confirmation  that  the                                                               
proposed bill would reject the recommendation.                                                                                  
                                                                                                                                
REPRESENTATIVE  GUTTENBERG answered  the  bill  would reject  the                                                               
commission's  recommendation  but  that  he was  not  asking  the                                                               
committee to pass  it out of committee.  He  added that rejecting                                                               
the commission's  recommendations was  the only course  of action                                                               
available.   He  underlined that  the most  important part  is to                                                               
have the dialogue.   He said he was "not going to  push it to the                                                               
floor" but  that he  thought a discussion  was needed  to examine                                                               
the commission's findings.                                                                                                      
                                                                                                                                
4:29:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON moved to table HB 309.                                                                                 
                                                                                                                                
4:30:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KNOPP objected.  The CS  for the bill had not been                                                               
adopted. He  pointed out  the need to  take action  by Wednesday.                                                               
He stated  if the committee  adopts a committee  substitute (CS),                                                               
"we are killing  it."  He said  the bill could go  through to the                                                               
House Finance  Committee and  onto the  House Floor  by Wednesday                                                               
unless the committee adopts a CS.                                                                                               
                                                                                                                                
4:31:37 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 4:31 p.m. to 4:32 p.m.                                                                       
                                                                                                                                
4:32:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON made  a motion  to table  the CS  to HB                                                               
309. There being no objection, it was so ordered.                                                                               
                                                                                                                                
4:32:25 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 4:32 p.m. to 4:33 p.m.                                                                       
                                                                                                                                
4:32:29 PM                                                                                                                    
                                                                                                                                
                                                                                                                              
^Confirmation Hearings                                                                                                        
                                                                                                                                
                     CONFIRMATION HEARING(S):                                                                               
     Department of Commerce, Community & Economic Development                                                               
                   Board of Massage Therapists                                                                              
                Board of Barbers and Hairdressers                                                                           
                  Alaska Labor Relations Agency                                                                             
          Alcoholic Beverage Control Board ("ABC Board")                                                                    
                 Board of Examiners in Optometry                                                                            
             Board of Certified Direct-Entry Midwives                                                                       
                                                                                                                                
                                                                                                                                
4:33:24 PM                                                                                                                    
                                                                                                                                
CHAIR  KITO  announced  the  next  order  of  business  would  be                                                               
CONFIRMATION HEARING(S).                                                                                                        
                                                                                                                                
4:34:02 PM                                                                                                                    
                                                                                                                                
MIKE  NAVARRE,  Commissioner  Designee, Department  of  Commerce,                                                               
Community,  and Economic  Development (DCCED),  testified in  the                                                               
confirmation hearing.                                                                                                           
                                                                                                                                
4:34:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON  said he thinks the  commissioner should                                                               
be  amongst the  most confirmable  people to  ever come  before a                                                               
joint hearing.                                                                                                                  
                                                                                                                                
4:34:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SULLIVAN-LEONARD  asked   Commissioner  Designee                                                               
Navarre to relay his directive for the department.                                                                              
                                                                                                                                
MR.  NAVARRE stated  he took  the job  because he  was frustrated                                                               
with the messaging about the  state's economic and fiscal policy.                                                               
He stated  he would broaden  the debate about why  it's important                                                               
for Alaska's  economy to have  a broader foundation  for revenue.                                                               
He  remarked  that  the  state is  bountiful,  but  the  economic                                                               
foundation  is flawed.   He  said he  thinks there  is a  lack of                                                               
revenue  diversification.   He mentioned  competition in  oil and                                                               
gas  from the  Lower 48  and from  other countries.   He  said he                                                               
thinks there is a need for a broad-based tax.                                                                                   
                                                                                                                                
4:38:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES asked  Mr. Navarre to give  a brief history                                                               
of his qualifications for the position of commissioner.                                                                         
                                                                                                                                
MR.  NAVARRE  answered  that  he   has  a  bachelor's  degree  in                                                               
Government with  a minor  in Economics.   He  added that  he also                                                               
spent   12   years   in   the   Alaska   Legislature   House   of                                                               
Representatives; served  3 terms as  mayor in the  Kenai Borough;                                                               
is  the president  a  family company  which  includes the  Arby's                                                               
restaurants in Alaska.                                                                                                          
                                                                                                                                
4:39:46 PM                                                                                                                    
                                                                                                                                
CHAIR KITO  stated he appreciates Mr.  Navarre's lifetime service                                                               
as well as  the wisdom and experience that Mr.  Navarre brings to                                                               
the department.                                                                                                                 
                                                                                                                                
4:40:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KNOPP  commented that  he  has  served under  Mr.                                                               
Navarre  and that  "he is  a  transparent as  you could  possibly                                                               
get."                                                                                                                           
                                                                                                                                
4:40:58 PM                                                                                                                    
                                                                                                                                
CHAIR KITO announced the next order of business would be the                                                                    
confirmation hearings of the governor's appointments to various                                                                 
state boards and commissions.                                                                                                   
                                                                                                                                
4:41:06 PM                                                                                                                    
                                                                                                                                
DAVID   EDWARDS-SMITH,  Chair,   Board  of   Massage  Therapists,                                                               
testified as an appointee to  the Board of Massage Therapists for                                                               
another term.                                                                                                                   
                                                                                                                                
4:41:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON spoke to  HB 110 regarding concerns with                                                               
sex trafficking.   He  said he had  concerns about  the licensing                                                               
issue that arose during testimony.                                                                                              
                                                                                                                                
CHAIR  KITO  corrected  that the  bill  to  which  Representative                                                               
Josephson was  referring was no  longer in committee and  was not                                                               
part of the confirmation hearing.                                                                                               
                                                                                                                                
REPRESENTATIVE  JOSEPHSON restated  his question.   He  asked Mr.                                                               
Edwards-Smith  how he  would respect  the  independence of  other                                                               
practices.                                                                                                                      
                                                                                                                                
4:44:07 PM                                                                                                                    
                                                                                                                                
MR. EDWARDS-SMITH  answered that at  the time when the  board was                                                               
looking  at the  language regarding  registration, what  was used                                                               
was  successful  language  that  was utilized  in  the  state  of                                                               
Alabama.   He stated  the board  thought it would  it would  be a                                                               
good idea.   He added  that the board is completely removing that                                                               
language.     He explained that  what the board had  wanted to do                                                               
was to deal with the proliferation of sex trafficking.                                                                          
                                                                                                                                
4:46:23 PM                                                                                                                    
                                                                                                                                
VERSHAWN  IDOM, Appointee,  Board  of  Barbers and  Hairdressers,                                                               
testified  as   an  appointee  to   the  Board  of   Barbers  and                                                               
Hairdressers.                                                                                                                   
                                                                                                                                
CHAIR  KITO asked  whether a  record of  an assault  charge would                                                               
have any impact on Mr. Idom's board membership.                                                                                 
                                                                                                                                
4:46:59 PM                                                                                                                    
                                                                                                                                
MR. IDOM  stated he doesn't  think it  would have any  bearing on                                                               
the board.  He  added it was a situation that  got out of control                                                               
and that he is still friend of the party involved.                                                                              
                                                                                                                                
4:47:46 PM                                                                                                                    
                                                                                                                                
LON NEEDLES, Board Member, Alaska  Labor Relations Agency, Alaska                                                               
Department of  Labor and Workforce  Development, He  indicated he                                                               
was currently a board member and was seeking reappointment.                                                                     
                                                                                                                                
CHAIR KITO asked Mr. Needles how  long he had been serving on the                                                               
board.                                                                                                                          
                                                                                                                                
MR. NEEDLES  answered membership was  a three-year tenure,  so he                                                               
had been a member for around 2.75 years.                                                                                        
                                                                                                                                
CHAIR  KITO asked  for confirmation  that  it would  be a  second                                                               
term.                                                                                                                           
                                                                                                                                
MR. NEEDLES answered in the affirmative.                                                                                        
                                                                                                                                
CHAIR KITO  mentioned a charge  of domestic relations  issue from                                                               
1992  and asked  whether it  would impact  his membership  on the                                                               
Labor Relations board.                                                                                                          
                                                                                                                                
MR. NEEDLES  answered that  he did  not think  it would  have any                                                               
impact.                                                                                                                         
                                                                                                                                
4:49:21 PM                                                                                                                    
                                                                                                                                
SARA  ERICKSON, Alcoholic  Beverage  Control  Board (ABC  Board),                                                               
Office of the Governor, stated  she was nominated by the governor                                                               
to serve on the ABC Board.                                                                                                      
                                                                                                                                
REPRESENTATIVE WOOL asked Ms. Erickson  about her experience with                                                               
the ABC Board.                                                                                                                  
                                                                                                                                
MS.  ERICKSON  stated  she  is a  lifelong  Alaskan  with  strong                                                               
interest in  public service.  She  explained she had served  on a                                                               
number of boards.                                                                                                               
                                                                                                                                
REPRESENTATIVE  WOOL  asked whether  Ms.  Erickson  had a  strong                                                               
feeling about alcohol one way or another.                                                                                       
                                                                                                                                
MS. ERICKSON answered that she  does not have a political agenda.                                                               
She aimed to offer a different perspective.                                                                                     
                                                                                                                                
REPRESENTATIVE WOOL  asked Ms. Erickson  whether she is  aware of                                                               
the geographical representation on the board.                                                                                   
                                                                                                                                
MS. ERICKSON answered in the affirmative.                                                                                       
                                                                                                                                
4:53:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STUTES asked  Ms. Erickson  to define  a "healthy                                                               
alcohol industry."                                                                                                              
                                                                                                                                
MS. ERICKSON  answered that  she thinks it  is important  to find                                                               
the right balance of economic interests and public safety.                                                                      
                                                                                                                                
REPRESENTATIVE STUTES  asked Ms. Erickson whether  she would feel                                                               
it was her duty to enforce statute or police the industry.                                                                      
                                                                                                                                
MS. ERICKSON  answered, "All  of the above."  She added  that she                                                               
knows there  are rules in place  and that those rules  need to be                                                               
adhered  to.     She  said  she  aimed  to   bring  a  reasonable                                                               
conversation to the table.                                                                                                      
                                                                                                                                
4:55:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL asked Ms. Erickson  whether she is related to                                                               
a certain legislator.                                                                                                           
                                                                                                                                
MS.  ERICKSON replied  that she  is  Representative Chuck  Kopp's                                                               
sister.  She added that Representative  Kopp is not "keyed in on"                                                               
the issues of the ABC Board.                                                                                                    
                                                                                                                                
4:56:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KNOPP  commented the  Ms.  Erickson  does have  a                                                               
close  relationship with  law  enforcement.   He  said he  thinks                                                               
she's a great candidate.                                                                                                        
                                                                                                                                
4:57:56 PM                                                                                                                    
                                                                                                                                
ERIC  LINGLE, Public  member, Board  of  Examiners in  Optometry,                                                               
Office of  the Governor, testified  as an appointee to  the Board                                                               
of  Examiners   in  Optometry.  He   indicated  he   was  seeking                                                               
reappointment.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  said  the legislature  had  passed  an                                                               
important  bill  regarding optometry  practices.    He asked  Mr.                                                               
Lingle how  he would meld the  existing law with the  capacity of                                                               
the  board to  assert  more  authority over  the  destiny of  the                                                               
optometrist practice.                                                                                                           
                                                                                                                                
MR. LINGLE  surmised he was referring  to one of the  sections of                                                               
the law that  states that optometrists can remove  a foreign body                                                               
from  the  eye.     He  explained  that's   not  suggesting  that                                                               
optometrists can engage in surgery.                                                                                             
                                                                                                                                
REPRESENTATIVE JOSEPHSON said he thought  it is unclear. He asked                                                               
Mr. Lingle what he thinks the law allows optometrists to do.                                                                    
                                                                                                                                
MR. LINGLE answered he thinks  it grants the board more authority                                                               
but does not allow optometrists to perform surgical procedures.                                                                 
                                                                                                                                
5:00:03 PM                                                                                                                    
                                                                                                                                
KENNI  LINDEN, Public  Member,  Board  of Certified  Direct-Entry                                                               
Midwives  testified as  an appointee  to the  Board of  Certified                                                               
Direct-Entry Midwives.                                                                                                          
                                                                                                                                
REPRESENTATIVE   SULLIVAN-LEONARD   asked  about   Ms.   Linden's                                                               
involvement with Planned Parenthood.                                                                                            
                                                                                                                                
MS.  LINDEN  confirmed  she  did   previously  work  for  Planned                                                               
Parenthood and she left  in July 2016 to have a  baby.  She added                                                               
her midwife  had recommended  she apply  for the  board position.                                                               
She said  she had  no political  agenda and  her interest  in the                                                               
board is about her interest in women's health.                                                                                  
                                                                                                                                
REPRESENTATIVE  SULLIVAN-LEONARD said  she knew  that Ms.  Linden                                                               
applied  to  other  boards  and  commissions  and  asked  her  to                                                               
consider   those  as   well.     She   said   there  is   already                                                               
representation from the  valley on the board.  She  added she had                                                               
received  concerns  from  her  constituents  about  Ms.  Linden's                                                               
involvement with Planned Parenthood.                                                                                            
                                                                                                                                
MS.   LINDEN  answered   that   she  appreciates   Representative                                                               
Sullivan-Leonard concern.   She stated she was  approached by her                                                               
own midwife  because there  hadn't been  anyone else  who applied                                                               
for  the public  position.    She said  she  is passionate  about                                                               
women's  health and  her experience  with her  midwife was  life-                                                               
changing.                                                                                                                       
                                                                                                                                
5:05:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON asked Ms. Linden whether there is                                                                      
something that says a midwife should not be supportive of a                                                                     
constitutional right to choose to have an abortion.                                                                             
                                                                                                                                
MS. LINDEN answered that to her knowledge there is not.  She                                                                    
said midwives hold a range  of views politically, culturally, and                                                               
religiously.  She clarified she is not a midwife, only a client.                                                                
                                                                                                                                
5:09:13 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
There being no further business before the committee, the House                                                                 
Labor and Commerce Stand Committee meeting was adjourned at 5:09                                                                
p.m.                                                                                                                            

Document Name Date/Time Subjects
HB326 Supporting Document - Curriculum Comparison 2.28.18.pdf HL&C 3/7/2018 3:15:00 PM
HB 326
HB326 Supporting Document - NIH Overview Article 3.5.18.pdf HL&C 3/7/2018 3:15:00 PM
HB 326
HB326 Supporting Document - Prescriptive Authority Comparison V2 3.5.18.pdf HL&C 3/7/2018 3:15:00 PM
HB 326
HB326 Supporting Document - Educational & Scope Comparison for Primary Care Providers in Alaska V2.pdf HL&C 3/7/2018 3:15:00 PM
HB 326
HB326 ver A 2.14.18.pdf HL&C 3/7/2018 3:15:00 PM
HB 326
HB326 Sectional Analysis 2.14.18.pdf HL&C 3/7/2018 3:15:00 PM
HB 326
HB326 Sponsor Statement 2.14.18.pdf HL&C 3/7/2018 3:15:00 PM
HB 326
HB326 Supporting Document - Naturopathic Reform One-Pager 3.5.18.pdf HL&C 3/7/2018 3:15:00 PM
HB 326
HB326 Supporting Document - Educational Scope Comparison for Primary Care Providers in Alaska V2.pdf HL&C 3/7/2018 3:15:00 PM
HB 326
HB089 ver J 2.10.17.pdf HL&C 3/7/2018 3:15:00 PM
HB 89
HB089 Sponsor Statement 2.10.17.pdf HL&C 3/7/2018 3:15:00 PM
HB 89
HB309 Support Letter re Public Officers Compensation Commission.pdf HL&C 3/7/2018 3:15:00 PM
HB 309
Confirmation Opposition Letters - Kenni Linden.pdf HL&C 3/7/2018 3:15:00 PM
Confirmation hearings
HB089 Supporting Documents-Support Letters 1.26.18.pdf HL&C 3/7/2018 3:15:00 PM
HB 89
HB089 Supporting Document-Legislative Research Report 1.26.18.pdf HL&C 3/7/2018 3:15:00 PM
HB 89
HB089 Supporting Document-Fact Sheet Biological Effects of Radiation 1.26.18.pdf HL&C 3/7/2018 3:15:00 PM
HB 89
HB089 ver J 1.26.18.pdf HL&C 3/7/2018 3:15:00 PM
HB 89
HB089 ver J Sectional Analysis 1.26.18.pdf HL&C 3/7/2018 3:15:00 PM
HB 89
HB089 Letter - Board of Chiropractic Examiners 1.26.18.pdf HL&C 3/7/2018 3:15:00 PM
HB 89
HB089 Sponsor Statement 1.26.18.pdf HL&C 3/7/2018 3:15:00 PM
HB 89
HB089 Letter - Board of Chiropractic Examiners 1.26.18.pdf HL&C 3/7/2018 3:15:00 PM
HB 89
HB326 Fiscal Note DCCED CBPL 3.2.18.pdf HL&C 3/7/2018 3:15:00 PM
HB 326
HB089 Fiscal Note DCCED CBPL 3.2.18.pdf HL&C 3/7/2018 3:15:00 PM
HB 89
HB326 Supporting Document Overview Powerpoint 3.5.18.pdf HL&C 3/7/2018 3:15:00 PM
HB 326