Legislature(2017 - 2018)BARNES 124

03/12/2018 03:15 PM LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 80 TELECOMMUNICATIONS: DISABLED SUBSCRIBERS TELECONFERENCED
Heard & Held
-- Public Testimony --
+ SB 126 VISITING PHYSICIANS WITH SPORTS TEAMS TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                         March 12, 2018                                                                                         
                           3:17 p.m.                                                                                            
                                                                                                                                
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                                                                                                            
                                                                                                                                
CS FOR SENATE BILL NO. 80(L&C)                                                                                                  
"An Act relating to telecommunications services for certain                                                                     
disabled subscribers; and providing for an effective date."                                                                     
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 126                                                                                                             
"An Act providing for an exception to the regulation of the                                                                     
practice of medicine for a physician who provides medical                                                                       
services to an athletic team from another state."                                                                               
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB  80                                                                                                                  
SHORT TITLE: TELECOMMUNICATIONS: DISABLED SUBSCRIBERS                                                                           
SPONSOR(s): SENATOR(s) COSTELLO                                                                                                 
                                                                                                                                
03/08/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/08/17       (S)       L&C, FIN                                                                                               
03/23/17       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/23/17       (S)       -- MEETING CANCELED --                                                                                 
04/04/17       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/04/17       (S)       Heard & Held                                                                                           
04/04/17       (S)       MINUTE(L&C)                                                                                            
04/07/17       (S)       L&C RPT CS  2DP 1NR    SAME TITLE                                                                      
04/07/17       (S)       DP: COSTELLO, STEVENS                                                                                  
04/07/17       (S)       NR: HUGHES                                                                                             
04/07/17       (S)       L&C AT 9:00 AM BELTZ 105 (TSBldg)                                                                      
04/07/17       (S)       Moved CSSB 80(L&C) Out of Committee                                                                    
04/07/17       (S)       MINUTE(L&C)                                                                                            
04/14/17       (S)       FIN WAIVED PUBLIC HEARING NOTICE,RULE                                                                  
                         23                                                                                                     
04/15/17       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
04/15/17       (S)       Moved CSSB 80(L&C) Out of Committee                                                                    
04/15/17       (S)       MINUTE(FIN)                                                                                            
04/16/17       (S)       FIN RPT CS(L&C)  3DP 4NR                                                                               
04/16/17       (S)       NR: HOFFMAN, MACKINNON, HUGHES, OLSON                                                                  
04/16/17       (S)       DP: BISHOP, VON IMHOF, MICCICHE                                                                        
04/16/17       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
04/16/17       (S)       -- MEETING CANCELED --                                                                                 
04/17/17       (S)       TRANSMITTED TO (H)                                                                                     
04/17/17       (S)       VERSION: CSSB 80(L&C)                                                                                  
04/19/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/19/17       (H)       L&C                                                                                                    
03/12/18       (H)       L&C AT 3:15 PM BARNES 124                                                                              
                                                                                                                                
BILL: SB 126                                                                                                                  
SHORT TITLE: VISITING PHYSICIANS WITH SPORTS TEAMS                                                                              
SPONSOR(s): SENATOR(s) MACKINNON                                                                                                
                                                                                                                                
01/16/18       (S)       PREFILE RELEASED 1/8/18                                                                                
01/16/18       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/18       (S)       L&C                                                                                                    
01/30/18       (S)       L&C AT 1:00 PM BELTZ 105 (TSBldg)                                                                      
01/30/18       (S)       Moved SB 126 Out of Committee                                                                          
01/30/18       (S)       MINUTE(L&C)                                                                                            
01/31/18       (S)       L&C RPT  4DP                                                                                           
01/31/18       (S)       DP: COSTELLO, MICCICHE, MEYER, GARDNER                                                                 
01/31/18       (S)       FIN REFERRAL ADDED AFTER L&C                                                                           
02/05/18       (S)       FIN RPT  4DP                                                                                           
02/05/18       (S)       DP:    MACKINNON,    BISHOP,    STEVENS,                                                               
                         MICCICHE                                                                                               
02/05/18       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
02/05/18       (S)       Moved SB 126 Out of Committee                                                                          
02/05/18       (S)       MINUTE(FIN)                                                                                            
02/12/18       (S)       TRANSMITTED TO (H)                                                                                     
02/12/18       (S)       VERSION: SB 126                                                                                        
02/14/18       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/14/18       (H)       L&C, FIN                                                                                               
03/12/18       (H)       L&C AT 3:15 PM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR MIA COSTELLO                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented SB 80 as prime sponsor.                                                                        
                                                                                                                                
JOSHUA WALTON, Staff                                                                                                            
Senator Mia Costello                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented SB 80 on behalf of Senator                                                                     
Costello, prime sponsor.                                                                                                        
                                                                                                                                
NORMAN ROKEBERG, Former Commissioner                                                                                            
Regulatory Commission of Alaska (RCA);                                                                                          
Former Representative, Alaska State Legislature                                                                                 
POSITION STATEMENT:  Testified in the hearing on SB 80.                                                                       
                                                                                                                                
JAN WILSON, Commissioner                                                                                                        
Regulatory Commission of Alaska (RCA)                                                                                           
POSITION STATEMENT:  Testified in the hearing on SB 80.                                                                       
                                                                                                                                
SENATOR ANNA MACKINNON                                                                                                          
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented SB 126 as prime sponsor.                                                                       
                                                                                                                                
JULI LUCKY, Staff                                                                                                               
Senator Anna Mackinnon                                                                                                          
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions in the hearing on SB                                                                  
126.                                                                                                                            
                                                                                                                                
JEFFREY MOORE, MD                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in the hearing on SB 126.                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:17:17 PM                                                                                                                    
                                                                                                                                
CHAIR  SAM KITO  called  the House  Labor  and Commerce  Standing                                                             
Committee  meeting   to  order   at  3:17   p.m.  Representatives                                                               
Sullivan-Leonard, Knopp, Birch, Josephson,  and Kito were present                                                               
at the  call to order.   Representatives Stutes and  Wool arrived                                                               
as the meeting was in progress.                                                                                                 
                                                                                                                                
        SB  80-TELECOMMUNICATIONS: DISABLED SUBSCRIBERS                                                                     
                                                                                                                              
                       [Mentions HB 202]                                                                                        
                                                                                                                                
3:17:57 PM                                                                                                                    
                                                                                                                                
CHAIR KITO  announced that the  first order of business  would be                                                               
SENATE  BILL  NO.  80, "An  Act  relating  to  telecommunications                                                               
services for  certain disabled subscribers; and  providing for an                                                               
effective date."                                                                                                                
                                                                                                                                
3:18:12 PM                                                                                                                    
                                                                                                                                
SENATOR MIA  COSTELLO, Alaska State Legislature,  presented SB 80                                                               
as  prime  sponsor.   She  explained  she  had learned  from  the                                                               
Regulatory Commission  of Alaska (RCA)  about the need  to update                                                               
state statutes to better help the hearing-impaired community.                                                                   
                                                                                                                                
3:19:07 PM                                                                                                                    
                                                                                                                                
JOSHUA  WALTON,   Staff,  Senator  Mia  Costello,   Alaska  State                                                               
Legislature,  presented  SB 80  on  behalf  of Senator  Costello,                                                               
prime  sponsor.   He relayed  that  in 1990  the legislature  had                                                               
authorized the RCA to adopt a    surcharge on a per line basis to                                                               
telephone subscribers.   He said it  was a nominal charge  of .01                                                               
cent  for the  purpose of  funding subscribers  that are  hard of                                                               
hearing or  deaf.   The surcharge applied  only to  landlines. He                                                               
added the challenge is that  technology has changed over the past                                                               
30 years and the number of  land lines has dropped sharply.  More                                                               
people are subscribing  to cell phones and  internet services and                                                               
as  a result,  the RCA  has  had to  increase the  amount of  the                                                               
surcharge.    He said  the proposed legislation would  change the                                                               
language  from   telephone   to  telecommunications   to  provide                                                               
more  flexibility.    He  said the  surcharge  would  be  reduced                                                               
significantly to between .04 cent or .05 cent per line.                                                                         
                                                                                                                                
3:23:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BIRCH  asked whether  the use  of texting  for the                                                               
hearing impaired had been investigated.                                                                                         
                                                                                                                                
MR. WALTON said  he thinks that hard of hearing  people would use                                                               
texts.  The proposed bill  would make technologies available.  He                                                               
pointed out that  the people who need the  technologies need them                                                               
in connection with  their VOIP or videoconference  equipment.  He                                                               
stated the  proposed legislation would  make it possible  for the                                                               
RCA to collect needed funds.                                                                                                    
                                                                                                                                
REPRESENTATIVE  BIRCH  asked  what  kind of  equipment  would  be                                                               
purchased with the funding.                                                                                                     
                                                                                                                                
MR. WALTON deferred to former  Representative Norman Rokeberg and                                                               
mentioned some accessibly options on telecommunication devices.                                                                 
                                                                                                                                
3:27:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KNOPP asked  whether  the  surcharge is  "outside                                                               
what the Universal Service Fund does."                                                                                          
                                                                                                                                
MR. WALTON answered in the affirmative.                                                                                         
                                                                                                                                
REPRESENTATIVE KNOPP surmised there are more subsidies.                                                                         
                                                                                                                                
MR. WALTON  answered he  was not sure  whether the  equipment was                                                               
supplied directly by the program.                                                                                               
                                                                                                                                
REPRESENTATIVE KNOPP asked how much  revenue was anticipated from                                                               
the surcharge.                                                                                                                  
                                                                                                                                
MR. WALTON deferred to Mr. Rokeberg.                                                                                            
                                                                                                                                
3:30:12 PM                                                                                                                    
                                                                                                                                
NORMAN  ROKEBERG, Former  Commissioner, Regulatory  Commission of                                                               
Alaska (RCA),  testified in the hearing  on SB 80.   He mentioned                                                               
HB 202  is the companion bill.   He said the  proposed bill would                                                               
create a  statutory fix to  update telecommunication  services in                                                               
Alaska.  He  said over 15,000 land lines had  been eliminated due                                                               
to  technological  advances  in  telephony.    He  indicated  the                                                               
proposed bill would allow the  commission to reduce the surcharge                                                               
in the range  of .03 cents to .05 cents  to spread more equitably                                                               
the small  burden of providing services  to the deaf and  hard of                                                               
hearing community.                                                                                                              
                                                                                                                                
MR.  ROKEBERG  said AS  42.05.296  contains  the language,  "that                                                               
makes  available  reasonable  access  of  all  phases  of  public                                                               
telephone service to  deaf, hard of hearing,  and speech impaired                                                               
telephone  subscribers."     He   informed  that   currently  the                                                               
equipment  being  distributed   is  obsolete.  Additionally,  the                                                               
companies  provide an  analog type  of tap  tell system  which is                                                               
essentially texting over a landline  service.  He described a new                                                               
technology  called  real  time   texting  (RTT)  which  has  been                                                               
approved by the  FCC and will allow other types  of devices to be                                                               
implemented.   He further relayed the  commission has established                                                               
an iPad or tablet pilot program  and in the first phase 22 people                                                               
were selected throughout the state.   He stated there were issues                                                               
with connections in terms  of speed.   He said  a number of other                                                               
states  have done  similar  things and  Alaska  is learning  from                                                               
those programs.  He added  the technology  would aid  people with                                                               
speech disabilities.   He said the initial  appropriation was for                                                               
$3,000.   He  said no  additional  funding was  required and  the                                                               
program was entirely  self-funding.   He spoke to  other types of                                                               
services  such  as  video  services  on  computers,  which  allow                                                               
translators to use  American Sign Language.  He  added the Alaska                                                               
statute mandates  that hearing  disabled people  must be  able to                                                               
communicate  with   everyone.  He  said  the   bill  provides  an                                                               
effective date.  He requested the chairman [indisc.]                                                                            
                                                                                                                                
3:44:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BIRCH  asked about the  zero fiscal note  (FN) for                                                               
the proposed bill.  He asked who allocated the funds.                                                                           
                                                                                                                                
MR. ROKEBERG  answered the surcharge  goes into a  dedicated fund                                                               
which is managed by a provider  - currently Sprint - who annually                                                               
submits  a  budget  which  must  be approved  by  the  RCA.    He                                                               
explained  a  portion  of  the  funds  go  to  pay  interpreters,                                                               
equipment  distribution,  and  the  outreach  program,  Assistive                                                               
Technology of Alaska  (ATLA), who travel throughout  the state to                                                               
provide information on  the program. He said the  budget is self-                                                               
contained and  one of  the concerns is  finding a  stable funding                                                               
source. He  said he thinks the  commission may not have  done the                                                               
job consistently with legislative intent.                                                                                       
                                                                                                                                
3:49:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BIRCH asked how the funds are distributed.                                                                       
                                                                                                                                
MR.  ROKEBERG  answered  there  is   a  large  national  pool  of                                                               
interpreters. He  said equipment  is a  relatively small  part of                                                               
the budget currently.                                                                                                           
                                                                                                                                
REPRESENTATIVE  BIRCH asked  for a  copy of  the latest  approved                                                               
budget.                                                                                                                         
                                                                                                                                
MR. ROKEBERG clarified  he was speaking as a  private citizen and                                                               
is no longer a commissioner.                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL asked about the new rate.                                                                                   
                                                                                                                                
MR. ROKEBERG  said if he were  still on the commission,  he would                                                               
be recommended a single tier for ease of interpretation.                                                                        
                                                                                                                                
3:55:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL  asked how  many  customers  the program  is                                                               
covering currently.                                                                                                             
                                                                                                                                
MR. ROKEBERG answered there is  a large number of people affected                                                               
by hearing and  speech disabilities.  He said he  was not sure of                                                               
the exact numbers.                                                                                                              
                                                                                                                                
3:57:31 PM                                                                                                                    
                                                                                                                                
JAN  WILSON, Commissioner,  testified in  the hearing  on SB  80.                                                               
She updated  the information on  landlines and underlined  use of                                                               
landlines has continued to decline.                                                                                             
                                                                                                                                
REPRESENTATIVE WOOL  asked whether there are  outsourcing options                                                               
that aren't housed within the state.                                                                                            
                                                                                                                                
MS.  WILSON said  she  thinks Commissioner  Rokeberg  had done  a                                                               
thorough  examination of  the available  technologies during  his                                                               
tenure.                                                                                                                         
                                                                                                                                
4:00:23 PM                                                                                                                    
                                                                                                                                
CHAIR KITO  opened public testimony  on SB  80.  He  announced he                                                               
would leave public testimony open.                                                                                              
                                                                                                                                
REPRESENTATIVE SULLIVAN-LEONARD  said the  Key Coalition  and the                                                               
Special Council on Disabilities had expressed support.                                                                          
                                                                                                                                
REPRESENTATIVE KNOPP said he thinks it is a good bill.                                                                          
                                                                                                                                
4:02:32 PM                                                                                                                    
                                                                                                                                
CHAIR KITO held over SB 80.                                                                                                     
                                                                                                                                
          SB 126-VISITING PHYSICIANS WITH SPORTS TEAMS                                                                      
                                                                                                                                
4:02:34 PM                                                                                                                    
                                                                                                                                
CHAIR KITO  announced that the  final order of business  would be                                                               
SENATE BILL  NO. 126, "An Act  providing for an exception  to the                                                               
regulation  of  the practice  of  medicine  for a  physician  who                                                               
provides  medical  services  to  an athletic  team  from  another                                                               
state."                                                                                                                         
                                                                                                                                
4:02:49 PM                                                                                                                    
                                                                                                                                
SENATOR ANNA  MACKINNON, Alaska  State Legislature,  presented SB                                                               
126  as prime  sponsor.   She paraphrased  the sponsor  statement                                                               
[included in  committee packet] which reads  as follows [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Competitive   sports  teams   typically  have   a  team                                                                    
     physician who provides care for  the athletes. When the                                                                    
     team  travels   out  of  state,  the   physician  often                                                                    
     accompanies them. However, if  an athlete is injured or                                                                    
     needs a prescription filled  while traveling in Alaska,                                                                    
     the team  physician would not  be able to  provide care                                                                    
     without being licensed here.                                                                                               
                                                                                                                                
     Senate Bill  126 would provide  an exemption  for state                                                                    
     licensure for  this narrow circumstance.  The physician                                                                    
     would  have  to be  licensed  to  practice medicine  in                                                                    
     another  state, under  a  written  contract to  provide                                                                    
     care to  an athletic  team in that  state and  would be                                                                    
     limited to  providing services to  members of  the team                                                                    
     while  they   are  traveling  or  participating   in  a                                                                    
     sporting event in Alaska.                                                                                                  
                                                                                                                                
     The bill  is a narrow  solution to a  specific problem.                                                                    
     Thirty-five   other   states    have   passed   similar                                                                    
     legislation to  ensure that the doctors  who know their                                                                    
     patients best can continue to treat them.                                                                                  
                                                                                                                                
4:04:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KNOPP asked about  the motivation for the proposed                                                               
bill.                                                                                                                           
                                                                                                                                
SENATOR  MACKINNON  answered  there  is a  national  movement  to                                                               
address  liability issues  when team  doctors travel  with sports                                                               
teams.                                                                                                                          
                                                                                                                                
REPRESENTATIVE BIRCH asked whether a license is required.                                                                       
                                                                                                                                
SENATOR MACKINNON answered the proposed  bill would require three                                                               
parts: the doctor must be licensed  in their state, must be under                                                               
contract  with  the team,  and  must  be  traveling to  and  from                                                               
Alaska.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  WOOL asked  for confirmation  that the  traveling                                                               
doctor cannot treat Alaskans.                                                                                                   
                                                                                                                                
SENATOR  MACKINNON answered  the Good  Samaritan Act  would cover                                                               
them, but the proposed bill covers only the sports team.                                                                        
                                                                                                                                
4:07:20 PM                                                                                                                    
                                                                                                                                
JULI  LUCKY,   Staff,  Senator   Anna  Mackinnon,   Alaska  State                                                               
Legislature, answered  questions in the  hearing on SB 126.   She                                                               
said  if a  person wants  to  treat Alaskans,  they could  pursue                                                               
temporary licensure.                                                                                                            
                                                                                                                                
4:08:28 PM                                                                                                                    
                                                                                                                                
JEFFREY MOORE,  Medical Doctor,  testified in  the hearing  on SB                                                               
126.   He clarified  the proposed bill  would not  allow hospital                                                               
privileges  to the  team  doctors and  was  intended for  smaller                                                               
issues such  as infections  or supplying inhalers.   He  said the                                                               
team doctors  would still  be limited  in what they  can do.   He                                                               
added similar  legislation is in  place in 35 states  and pending                                                               
in 13 other states.                                                                                                             
                                                                                                                                
4:10:20 PM                                                                                                                    
                                                                                                                                
CHAIR KITO  opened public testimony on  SB 126.  He  announced he                                                               
would leave public testimony open for the next hearing.                                                                         
                                                                                                                                
CHAIR KITO held over SB 126.                                                                                                    
                                                                                                                                
4:11:42 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Labor and  Commerce Standing Committee  meeting was  adjourned at                                                               
4:11 p.m.                                                                                                                       

Document Name Date/Time Subjects
SB80 Summary of Changes 1.23.18.pdf HL&C 3/12/2018 3:15:00 PM
SB 80
SB80 Additional Documents-Background from RCA 1.23.18.pdf HL&C 3/12/2018 3:15:00 PM
SB 80
SB80 ver J 1.23.18.pdf HL&C 3/12/2018 3:15:00 PM
SB 80
SB80 Fiscal Note DCCED-RCA 3.9.18.pdf HL&C 3/12/2018 3:15:00 PM
SB 80
SB126 Sponsor Statement 2.14.18.pdf HL&C 3/12/2018 3:15:00 PM
SB 126
SB80 Sponsor Statement 1.23.18.pdf HL&C 3/12/2018 3:15:00 PM
SB 80
SB126 Supporting Documents-Suport Letters 2.14.18.pdf HL&C 3/12/2018 3:15:00 PM
SB 126
SB126 ver J 2.14.18.PDF HL&C 3/12/2018 3:15:00 PM
SB 126
SB126 Fiscal Note DCCED-CBPL 2.14.18.PDF HL&C 3/12/2018 3:15:00 PM
SB 126
SB126 Sectional Analysis ver J 2.14.18.pdf HL&C 3/12/2018 3:15:00 PM
SB 126
HLAC Update on 2020 Census Operation 3.12.18.pdf HL&C 3/12/2018 3:15:00 PM