Legislature(2021 - 2022)BARNES 124
03/15/2021 06:30 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| HB100 | |
| HB132 | |
| HB45 | |
| Confirmation Hearing(s):|| Alaska Workers' Compensation Board|| Board of Chiropractic Examiners | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 100 | TELECONFERENCED | |
| *+ | HB 132 | TELECONFERENCED | |
| += | HB 45 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
March 15, 2021
6:53 p.m.
DRAFT
MEMBERS PRESENT
Representative Zack Fields, Co-Chair (via teleconference)
Representative Ivy Spohnholz, Co-Chair
Representative Calvin Schrage
Representative Liz Snyder
Representative David Nelson
Representative James Kaufman
Representative Ken McCarty
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 100
"An Act relating to allocations of funding for the Alaska
Workforce Investment Board; and providing for an effective
date."
- HEARD & HELD
HOUSE BILL NO. 132
"An Act relating to technical education and apprenticeships;
relating to concurrent vocational education, training, and on-
the-job trade experience programs for students enrolled in
public secondary schools; relating to child labor; and providing
for an effective date."
- HEARD & HELD
HOUSE BILL NO. 45
"An Act relating to presumption of compensability for workers'
compensation claims related to contagious diseases; and
providing for an effective date."
- HEARD & HELD
CONFIRMATION HEARING(S):
Alaska Workers' Compensation Board
Branson Frye - Anchorage
Christina Gilbert - Juneau
- CONFIRMATION(S) ADVANCED
Board of Chiropractic Examiners
Brian Larson - Soldotna
- CONFIRMATION(S) ADVANCED
PREVIOUS COMMITTEE ACTION
BILL: HB 100
SHORT TITLE: EXTEND WORKFORCE INVEST BOARD ALLOCATIONS
SPONSOR(s): REPRESENTATIVE(s) WOOL
02/18/21 (H) READ THE FIRST TIME - REFERRALS
02/18/21 (H) L&C, FIN
03/15/21 (H) LABOR & COMMERCE AT 6:30 PM BARNES 124
BILL: HB 132
SHORT TITLE: SCHOOL APPRENTICESHIP PROGS; TAX CREDITS
SPONSOR(s): LABOR & COMMERCE
03/10/21 (H) READ THE FIRST TIME - REFERRALS
03/10/21 (H) L&C, EDC, FIN
03/15/21 (H) LABOR & COMMERCE AT 6:30 PM BARNES 124
BILL: HB 45
SHORT TITLE: WORKERS' COMP. AND CONTAGIOUS DISEASES
SPONSOR(s): JOSEPHSON
02/18/21 (H) PREFILE RELEASED 1/8/21
02/18/21 (H) READ THE FIRST TIME - REFERRALS
02/18/21 (H) L&C, FIN
03/05/21 (H) L&C AT 3:15 PM BARNES 124
03/05/21 (H) Heard & Held
03/05/21 (H) MINUTES(L&C)
03/15/21 (H) LABOR & COMMERCE AT 6:30 PM BARNES 124
WITNESS REGISTER
REPRESENTATIVE ADAM WOOL
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, introduced HB 100.
ASHLEY CARRICK, Staff
Representative Adam Wool
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: On behalf of Representative Wool, prime
sponsor of HB 100, provided a PowerPoint presentation titled
"Technical Vocational Education Program (TVEP) Re-Authorization,
House Bill 100."
PATSY WESTCOTT, Director
Division of Employment and Training Services
Department of Labor & Workforce Development
Juneau, Alaska
POSITION STATEMENT: During the hearing of HB 100, answered
questions related to the bill.
TERI COTHREN, Associate Vice President
Workforce Development
University of Alaska (UA)
Anchorage, Alaska
POSITION STATEMENT: During the hearing of HB 100, provided a
PowerPoint presentation titled "University of Alaska, Technical
Vocational Education Program," dated 3/15/21, and supported
reauthorization of TVEP.
LOUISE DEAN, Executive Director
Alaska Workforce Investment Board
Department of Labor and Workforce Development (DOLWD)
Anchorage, Alaska
POSITION STATEMENT: During the hearing of HB 100, answered
questions.
JOHN HAKALA, State Director
Office of Apprenticeship
US Department of Labor
Anchorage, Alaska
POSITION STATEMENT: During the hearing of HB 132, recommended
three wording changes in the bill.
BRAD AUSTIN, Training Coordinator & Instructor
Local Union 262
Plumbers and Pipefitters
Juneau, Alaska
POSITION STATEMENT: During the hearing of HB 132, described his
union's school-to-apprenticeship program.
MARI SELLE, Director
Workforce Development
Alaska Primary Care Association (APCA)
South Central Alaska Health Education Center (SCAHEC)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 132.
KYLE KAISER, Electrical Entry Program
Membership & Development Lead
Local 1547
International Brotherhood of Electrical Workers (IBEW)
President & Founder
Veteran Internships Providing Employment Readiness (VIPER)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 132.
JEFF LIBBY, Director
Center of Strategic Partnership and Research (CaSPR)
Director
Applied Environmental Research Center (AERC)
University of Alaska Anchorage (UAA)
Anchorage, Alaska
POSITION STATEMENT: During the hearing of HB 132, provided
testimony about the work the University of Alaska has been doing
to support the national initiative for workforce development.
REPRESENTATIVE ANDY JOSEPHSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor of HB 45, provided a
refresher about the bill's provisions.
ELISE SORUM-BIRK, Staff
Representative Andy Josephson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: On behalf of Representative Josephson,
prime sponsor of HB 45, provided answers to questions that were
posed by committee members during the bill's first hearing on
3/5/21.
CHARLES COLLINS, Director
Division of Workers' Compensation
Department of Labor and Workforce Development (DOLWD)
Juneau, Alaska
POSITION STATEMENT: During the hearing of HB 45, answered
questions related to the bill.
JAKE METCALFE, Executive Director
Local 52
Alaska State Employees Association (ASEA)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 45.
CHARLES STEWART, Chair
Local 52 Probation and Parole Officers
Alaska State Employees Association (ASEA)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 45.
PAUL MIRANDA, President
Alaska Professional Firefighters
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 45.
ACTION NARRATIVE
6:53:10 PM
CO-CHAIR IVY SPOHNHOLZ called the House Labor and Commerce
Standing Committee meeting to order at 6:53 p.m.
Representatives Kaufman, McCarty, Nelson, Schrage, Snyder,
Fields (via teleconference), and Spohnholz were present at the
call to order.
HB 100-EXTEND WORKFORCE INVEST BOARD ALLOCATIONS
6:54:45 PM
CO-CHAIR SPOHNHOLZ announced that the first order of business
would be HOUSE BILL NO. 100, "An Act relating to allocations of
funding for the Alaska Workforce Investment Board; and providing
for an effective date."
6:56:11 PM
REPRESENTATIVE ADAM WOOL, Alaska State Legislature, as prime
sponsor, introduced HB 100. He specified that HB 100 would
reauthorize the Technical Vocational Education Program (TVEP)
for another three years until 2024. He explained that TVEP was
established in 2000 to utilize 0.16 percent of unemployment
charge receipts to provide grants to career and technical
education providers across the state. In the past the program
has distributed an average of about $12 million. The program
impacts thousands of students by offering industry specific
training opportunities that help Alaskans get the work in
industries such as fishing, mining, aviation, health care, and
others. Program recipients include the University of Alaska,
the Alaska Vocational Technical Center, the Alaska Technical
Center, and Ilisagvik College on the North Slope. This list has
been unchanged since 2014. He noted that because the [Labor &
Workforce Development] Finance Subcommittee recently went over
this, some of the newer committee members who didn't hear the
bill last year have now heard some of it.
6:58:13 PM
ASHLEY CARRICK, Staff, Representative Adam Wool, Alaska State
Legislature, on behalf of Representative Wool, sponsor of HB
100, provided a PowerPoint presentation titled "Technical
Vocational Education Program (TVEP) Re-Authorization, House Bill
100." She reiterated Representative Wool's statement regarding
the [subcommittee] having talked a bit about the TVEP program
from the Department of Labor & Workforce Development's side of
things during the Labor & Workforce Development Finance
Subcommittee meeting last week. She said today will be an
overview of the program, primarily regarding its impact and what
the program actually does for the recipients.
MS. CARRICK began with slide 2, "TVEP Program History." She
stated that TVEP was established under AS 23.15.830 and TVEP was
created in 2000. This program provides noncompetitive grant
assistance to education entities in Alaska that are delivering
specific vocational and technical training across the state. In
2014, she continued, the legislature increased the amount of
funds used for TVEP from 0.15 percent of unemployment insurance
receipts to the current amount of 0.16 percent. She said HB 100
would provide reauthorization until fiscal year 2024 (FY 24).
MS. CARRICK addressed slide 3, "Types of Training TVEP
Recipients Offer." She said some of the training offered by
TVEP recipients includes aviation, fisheries, and construction,
industries thought of as being technical and vocational
training. Also included is training in renewable energy, health
care, information technology, and others.
MS. CARRICK turned to slide 4, "How TVEP Funding Gets
Distributed." She said the main takeaway from the chart on this
slide is that the 0.16 percent for TVEP is allocated from the
unemployment insurance (UI) taxable wage base. Each year's
allocation to recipients is set by statute.
MS. CARRICK moved to slide 5, "TVEP Recipients Over Time." She
pointed out that TVEP recipients have changed over time. When
the program was first introduced in 2000 the three recipients
were the University of Alaska, Kotzebue Training Center, and
Alaska Vocational Technical Center. Added in 2001 was the
Galena Project Education Training Center, eventually called the
Galena Interior Learning Academy. Added in 2004 were the
Southwest Alaska Vocational Education Center and the Yuut
Elitnaurviat, Inc., People's Learning Center.
MS. CARRICK displayed slide 6 and continued her review of the
TVEP recipients over time. She said four new recipients were
added in 2008: Partners for Progress Delta, Amundsen Educational
Center, Northwestern Alaska Career and Technical Center, and the
University of Alaska Southeast (UAS). The contribution to UAS,
she noted, was for a brief period, partially because UAS is
actually in the Community Campus System.
7:02:35 PM
MS. CARRICK showed slide 7, "Current TVEP Recipients." She
specified that the current TVEP recipients were reauthorized in
2014, which was when Ilisagvik College was added for a 5 percent
allocation. The program was reauthorized in 2017 with the same
10 recipients. She noted that the location of the recipients is
provided on the left-hand side of the slide and shows that they
cover a wide range of Alaska's regions. She highlighted that
the University of Alaska distributes its 45 percent allocation
statewide.
MS. CARRICK discussed slide 8, "TVEP Distributions." She noted
that the FY 21 governor's amended distribution is what
recipients expected to receive last year when the initial
distribution list was put out. The red column, she continued,
is the FY 21 COVID revised distribution, which was revised in
June 2020 and was based on the draw from unemployment, so the
0.16 percent was impacted. The blue column was updated 1/11/21
and reflects a trend upward in the FY 21 numbers; it is what
recipients will ultimately have received for FY 21 if the
supplemental budget passes this year. The far-right column is
the proposed FY 22 distribution, which was revised on 3/11/21,
not 3/11/20 as depicted on the slide. This is what recipients
should be able to expect this coming fiscal year should the
program be reauthorized.
7:04:11 PM
REPRESENTATIVE KAUFMAN stated that the years and numbers are
different in his committee packet than what are on the slides
being presented.
MS. CARRICK replied that there was an update to that chart and
to the presentation, which she will get to him.
REPRESENTATIVE MCCARTY asked what the number of employees is
each year that this calculation is based on.
MS. CARRICK deferred to [the Department of Labor & Workforce
Development] to answer the question.
7:05:47 PM
PATSY WESTCOTT, Director, Division of Employment and Training
Services, Department of Labor & Workforce Development, replied
she doesn't have the number of employees in front of her at this
time, but said she would get back to the committee with that
specific information.
CO-CHAIR SPOHNHOLZ inquired whether Representative McCarty is
asking about the total number of workers in the state of Alaska.
REPRESENTATIVE MCCARTY agreed that that is what he is asking.
He said 2020 saw a very significant reduction in workers in
Alaska with about 40,000 people, he believed, on unemployment.
With that in mind, he asked what the FY 22 numbers might look
like and when those numbers will be known.
MS. WESCOTT confirmed that a decline was seen in the amount that
was collected for TVEP from state FY 20 and what the department
estimates state FY 21 to be as a result of the pandemic and the
layoffs. She said the estimated difference is a decline of
about 15.2 percent. The state FY 20 allocation for TVEP was
slightly over $13.1 million, and the estimated allocation for
state FY 21 is about $11.1 million. So, she continued, a
decline of about $2 million in the revenues collected
specifically for TVEP, which is a direct result of the impact of
the pandemic and the subsequent shutdowns and layoffs. For
state FY 22, the estimate is an increase to $12.1 million. As
for the number of employees, she said she would get back to the
committee with an answer.
7:09:37 PM
MS. CARRICK concluded her presentation by stating that the
sponsor's office is available to answer any questions. She
noted that the Department of Labor & Workforce Development has
worked closely with the sponsor on helping with understanding
the numbers for the current distribution as well as last year
being a unique situation.
CO-CHAIR SPOHNHOLZ invited Ms. Teri Cothren to provide her
presentation on HB 100.
7:10:29 PM
TERI COTHREN, Associate Vice President, Workforce Development,
University of Alaska (UA), provided a PowerPoint presentation
titled "University of Alaska, Technical Vocational Education
Program," dated 3/15/21, and supported reauthorization of TVEP.
She began by thanking the co-chairs for providing this
opportunity to speak about this important funding source to the
university. She further thanked Representative Wool for
sponsoring and introducing HB 100. She displayed slide 1 and
said her presentation would provide: an overview of how the
university as one of the TVEP recipients utilizes this funding
source, some examples of how TVEP supports key industries in
Alaska, and the types of graduate outcomes that are produced.
MS. COTHREN moved to slide 2, "UA is the largest and most
comprehensive workforce provider in Alaska," and stated that the
University of Alaska is Alaska's system for higher education and
includes three separately accredited universities that have
distinct missions and are also responsible for the community
college mission through 13 community campuses. All combined, it
is the most comprehensive workforce provider in the state. The
university's programs range from short-term career and technical
education certificates all the way to doctorate degrees, and
many of these programs are available statewide.
MS. COTHREN turned to slide 3, "UA TVEP Process," and explained
that as a TVEP recipient the university utilizes its funds as a
single allocation with the UA system. She related that
administration of the program is through a competitive request
for proposals (RFP) or grant process by the UA Workforce
Development Committee that includes representatives from each
university and the Alaska Workforce Investment Board executive
director. The funding is distributed as a result of process
that is inclusive of all campuses and programs in the UA system
that meets the funding priorities listed on the slide: [aligned
with TVEP statutes, responsive to industry, strategic one-time
infrastructure/equipment investments, develops and enhances
partnerships]. This process supports collaboration and
leveraging resources to increase efficiencies across the
university and the state, while also maintaining flexibility to
be responsive to industry and regional workforce needs.
7:12:30 PM
MS. COTHREN discussed the two pie charts depicted on slide 4,
"UA FY20 TVEP $5.6M Funding Distribution." She stated that the
FY 20 UA TVEP allocation supports high priority industries in
Alaska as depicted in the left chart, from oil and gas and
mining, along with fisheries, maritime, and health, to name a
few. As depicted in the right chart, funding is distributed
across all six economic regions of the state.
MS. COTHREN drew attention to slide 5, "UA TVEP FY20 Outcomes."
She specified that TVEP served over 4,300 students in FY 20.
She explained that the following slides would provide specific
examples of how TVEP supports UA's ability to be responsive to
Alaska's high-demand industries. She noted that for every
example given there are many more that could be shared across
these programs and campuses. She further noted that while TVEP
is a critical funding source, it is not the only funding the
university invests to address the workforce needs of these
industries.
MS. COTHREN showed slide 6, "Oil & Gas," and reported that the
Department of Labor and Workforce Development, Research and
Analysis, projects that while the pandemic has slowed some
employment growth in the oil and gas sector, long-term growth is
still likely. She said TVEP investments that help meet oil and
gas workforce demand and benefit this industry are expanded
access to fabrication and 3D printing to over 50 engineering
students annually for hands-on projects, and access to over 600
K-12 students during the summer for career exploration. The
university leases shop and classroom space at the Fairbanks
Pipeline Training Center to provide University of Alaska
Fairbanks (UAF) process tech students with the opportunity to
work on state-of-the-art equipment. Also, the university
invests in well-controlled training that helps the industry to
meet safety requirements to prevent blowouts and promotes safe
drilling practices.
MS. COTHREN continued with slide 6. Regarding graduate
employment outcomes, she said that this past year the university
partnered with Research and Analysis to develop workforce
reports that demonstrate graduate outcomes across nine key
industries. The graduate employment data in this presentation,
she continued, are from those reports. She drew attention to
the three program areas highlighted on the slide that are in
high demand and important to the oil and gas industry
[engineering, process tech, welding]. For example, she
reported, 90 percent of the process tech graduates find work
within a year of graduating and have impressively high earnings,
nearly $74,000 within their first year and more than $130,000 by
their fifth year. It was also found that 93.5 percent of
working graduates are Alaska residents compared to 70.9 percent
for all oil and gas workers.
7:15:34 PM
CO-CHAIR SPOHNHOLZ requested Ms. Cothren to give examples of a
process tech degree and a process tech career.
MS. COTHREN replied that the actual name is "Process Tech
Degree" and it has occupational endorsements that are short term
and all the way to a two-year associate degree. Many of those
graduates work directly in the oil and gas industry, she said,
for example at some of the Trans-Alaska Pipeline pump stations.
CO-CHAIR SPOHNHOLZ asked what a process tech does.
MS. COTHREN responded by saying, "Imagine a lot of levers and
pipes, and it's about moving those through and managing the
pressure levels and keeping things flowing." Responding further
to Co-Chair Spohnholz, she confirmed there are a lot of process
techs working on the pipeline.
CO-CHAIR SPOHNHOLZ invited Representative Kaufman to elaborate
on the aforementioned.
REPRESENTATIVE KAUFMAN said it's all the things that a person
must do to maintain control of the process. In a typical
process there is everything from pressure, flow rates,
temperature, he explained. Someone helping to control that is
engaging in manipulating the various control devices, many of
which are now automated, so a process tech is dealing with that
and keeping the process running.
7:18:19 PM
REPRESENTATIVE MCCARTY requested Ms. Cothren to differentiate
between degree and certification.
MS. COTHREN answered that occupational endorsement certification
(OEC) is often a year or less, and a degree is the next level up
of a certificate or Associates degree.
REPRESENTATIVE MCCARTY inquired whether Ms. Cothren is also
referring to a bachelor's degree or higher.
MS. COTHREN replied correct. She explained that an OEC would be
the first step in any of the university's degree pathways. The
next step would be a certificate, then Associates degree, then
Bachelor's degree, and then on to a graduate program.
REPRESENTATIVE MCCARTY asked about the percentages of where
students are ending their training; for example, what the
percentages are for students earning a bachelor's degree, an
associate's degree, and so on.
MS. COTHREN responded she would get that information to the
committee.
CO-CHAIR SPOHNHOLZ interjected that the university absolutely
tracks all that information.
7:19:54 PM
MS. COTHREN resumed her presentation. She displayed slide 7,
"Health," and said the Department of Labor and Workforce
Development, Research and Analysis, projects that the health
care sector, an already large industry, will grow at twice the
rate of the economy overall by 2028. To help meet the needs in
health care, she stated, TVEP investments have contributed to
upgrades in technology that are shared across health programs.
These investments have also contributed to program development
or expansion in both urban and rural communities, including
expanded access to nursing programs through distance delivery.
In addition, TVEP investment has contributed to an expansion of
hands-on experience through community and practicum placement of
UA health science students that enhances the students'
educational experience, connects them with industry partners for
employment opportunities, and increases their competitiveness
for graduate programs in high demand health careers such as
pharmacy and physician assistants.
MS. COTHREN continued addressing slide 7. She said the graduate
employment outcomes highlight three program areas that are
important to the health care industry [certified nurse aide,
dental assistant, nursing]. The Certified Nurse Aide (CNA) can
be completed in six weeks, providing a short path to employment.
This also provides a pathway to continue towards a nursing
degree that could increase the student's earning potential from
$33,000 to over $50,000, and nearly $70,000 with five years of
experience. Out of the 31 clinical health programs listed in
the Health Workforce Report, more than 82 percent are working in
Alaska within a year of graduating.
MS. COTHREN presented slide 8, "Aviation," and related that
Research and Analysis projects a decline of less than 2 percent
in jobs in the aviation sector, but vacancies will continue
within the 6,000-plus jobs needed by 2028. She said the TVEP
investments benefitting the aviation industry include equipment
and technology upgrades, along with the development of distance
delivery aviation maintenance instruction. Online instruction
provides students in remote locations around Alaska with access
to the foundational knowledge required to become certified as a
Federal Aviation Administration mechanic.
MS. COTHREN continued speaking to slide 8. She pointed out that
the graduate employment outcomes show strong wage growth - a
jump of nearly 40 percent by year five for aviation maintenance
graduates and 53 percent wage growth for those in aviation
administration. As it takes time for pilots to earn their
different ratings, the university anticipates a larger wage
growth over time; for example, commercial pilots with experience
have an earning potential of $89,000 and beyond as they gain
more experience.
7:22:46 PM
MS. COTHREN moved to slide 9, "Aviation Simulation Equipment,"
and noted that the three photos show examples of TVEP aviation
investment in equipment upgrades. She said the top left photo
is a professional piloting student practicing instrument flying
in one of the two Redbird simulators that TVEP helped fund at
the University of Alaska Anchorage (UAA) Aviation Technology
Center. The top right photo is of a student and instructor
approaching Merrill Field to land in one of the TVEP funded
aircraft in UAA's professional piloting program. Regarding the
bottom photo, she stated that TVEP helped upgrade the air
traffic control technology that provides students cutting edge
experience to prepare them for the rigorous four-month-long
certification test at the Federal Aviation Administration's
facility in Oklahoma City.
MS. COTHREN proceeded to slide 10, "Mining," and specified that
the Department of Labor and Workforce Development, Research and
Analysis, projects the mining industry to grow by 28 percent by
2028. To help meet the workforce needs in mining, TVEP
investments have contributed to the delivery of hard skills mine
training camps at the only all-encompassing underground and
surface mine training camp in the world through UAF's Mining and
Petroleum Training Service. Also, TVEP investment has supported
several upgrades to equipment.
MS. COTHREN continued addressing slide 10. She related that the
graduate employment outcomes highlight three program areas
important to the mining industry: mining operators, [power
technology], and geological sciences. The graduate outcomes for
the 44 programs evaluated in mining showed an average of 92.7
percent of working graduates are Alaska residents compared to
65.3 percent for all mining workers. The data clearly shows
that hiring UA graduates significantly boosts the Alaska
residency rate within the mining industry. On average, fifth
year wages are higher than the average Alaska wage of nearly
$60,000. Looking at the wage outcomes from all 44 programs in
the mining report, on average the wages exceed $104,000 by the
fifth year of employment.
7:25:10 PM
MS. COTHREN moved to slide 11, "Fisheries, Seafood & Maritime."
According to Research and Analysis, she said, by 2028 fisheries
is expected to grow by 8 percent, seafood by 37.2 percent, and
the maritime industry is projected to decrease by 1 percent. To
help meet the workforce needs of these industries, TVEP
investments have contributed to partnering with industry to
train seafood processors for direct employment, maritime program
development and expansion aligning to industry standards, and
upgrading Ketchikan campus's maritime bridge simulator to a
state-of-the-art whole mission simulator.
MS. COTHREN continued with slide 11. Regarding the graduate
employment outcomes, she shared that, overall, in the past 10
years the fisheries programs have produced 975 graduates for
jobs in fisheries, marine biology, oceanography, and natural
resource management. On average, 94.1 percent of the working
graduates are Alaska residents compared to 66.3 percent for all
workers in fisheries and marine science.
MS. COTHREN explained that the photo on slide 12, "Maritime
Bridge Simulator and Student Success," is of the full-mission
simulator in the UAS Ketchikan Maritime Training Center. She
said the quote on the slide is a Facebook post by a current
student who had just completed her U.S. Coast Guard class. In
her post she points out the capabilities of the new simulator
being able to provide a variety of hands-on experiences.
MS. COTHREN spoke to slide 13, "Information Technology." She
stated that TVEP investments to support the workforce needs of
the information technology (IT) industry include computer lab
upgrades to provide virtual or remote access to increase
students' hands-on experience, and revamp curriculum to meet
industry needs and enhance employment in high demand IT
occupations. Regarding graduate employment outcomes, she stated
that more than 80 percent of computer and networking technology
graduates work in Alaska one year following graduation. Because
IT occupations support many industries across the state, she
said it was interesting to find that 44 percent of the graduates
are working in the public administration sector.
MS. COTHREN displayed slide 14, "IT Student Success," and
related the success story of UAF Community & Technical College
(CTC) IT Specialist Program graduate Stephanie Harvey. Ms.
Harvey is now an IT Specialist instructor for the program and
recently received industry recognition for her work by Cisco.
7:30:08 PM
MS. COTHREN turned to slide 15, "Construction," and specified
that the Department of Labor and Workforce Development, Research
and Analysis, projects the construction industry to grow by 10.7
percent by 2028. To help meet the construction industry's
workforce needs, TVEP investments have contributed to updating
the apprenticeship technology degrees for UAA's Community &
Technical College to be more accessible through online delivery.
Also, TVEP has supported upgrades in equipment and helped fund
hands-on training through the UAS Construction Program which
partners with the Juneau Housing Trust and the Juneau School
District to design and construct homes for low-income families
in the Juneau area.
MS. COTHREN continued with slide 15 and stated that the graduate
employment outcomes highlighted in the construction report
include [carpentry, civil engineering, and construction
management]. Over the past 10 years, she said, nearly 2,000
graduates have been trained in programs leading to employment in
carpentry, heavy truck and equipment driving, construction
management, welding, civil engineering, and surveying. The
average wages are $70,000 within five years of graduation.
MS. COTHREN proceeded to slide 16, "Construction Student
Success," and shared the story of Jessica Senter, who graduated
in 2020 with a B.S. in Construction Management from UAA. She
related that Ms. Senter started her job as an assistant project
manager the semester prior to graduation.
MS. COTHREN moved to slide 17 and concluded her presentation by
stating that the University of Alaska strongly supports the
reauthorization of TVEP (HB 100) to provide a stable funding
source to address Alaska's workforce needs. Specific to the
current time, she said, TVEP is critical in helping support
Alaska's economic recovery. As seen by the examples she
provided, TVEP funds short-term career and technical education
programs which serve the workforce needs of Alaska's key
industries and will help re-skill and up-skill Alaskan's who
have been displaced by the pandemic. Reauthorizing TVEP for at
least three years will provide some of the stability needed to
train Alaskans for jobs in Alaska and get them back to work as
quickly as possible.
7:32:51 PM
REPRESENTATIVE KAUFMAN inquired about the process for deciding
which training to provide.
MS. COTHREN replied that part of it is looking at labor market
information, such as some of the data she just reviewed, and
looking at the workforce demand analysis that the Department of
Labor & Workforce Development provides. The other part, she
continued, is having local and regional conversations and
partnerships with industry to ensure the university is meeting
industry's workforce needs.
7:33:59 PM
CO-CHAIR SPOHNHOLZ noted that the percentage of TVEP funds that
have gone to the university has decreased from a peak of 63
percent in 2001 to about 45 percent now. She asked how this has
impacted the university's allocation of TVEP funds and what the
university has been able to do with those funds.
MS. COTHREN responded that with funding the university can train
more students and the university has made use of those dollars
as most efficiently as it can. As funding has declined through
the years the university has continued to try to find as many
efficiencies to preserve the programs directly to serve as many
of the students as it can. More funding certainly helps. The
university partners with many of the other TVEP recipients, and
it's important to provide that current type of education funding
throughout the state to have access to training for as many
students as possible.
CO-CHAIR SPOHNHOLZ pointed out that the TVEP funds also leverage
many other funds that the university is able to attract. She
explained that in each of the program areas highlighted today,
the university raises hundreds of thousands or many millions of
dollars every year in private sector investment directly into
these programs because the private sector also recognizes the
value of these programs. One of the largest allocations within
the university's use of TVEP funds is for health careers, which
has been one of the high demand growth fields in Alaska for a
very long time, but the health sector has also been a very large
investor in health education. For example, Alaska hospitals
have invested in nursing education and that has leveraged the
TVEP funds. It all comes together to ensure that Alaska has the
nurses, physician's assistants, and dental hygienists that the
state needs to ensure its residents are healthy.
CO-CHAIR SPOHNHOLZ noted that currently the smallest allocation
is to the IT section, which is a new addition in TVEP allocation
within the university. She requested Ms. Cothren to speak to
how long the university has been doing that and where it might
go in the future.
MS. COTHREN answered that IT is a high-demand area that the
university wants to support and has been supporting through TVEP
funding throughout the years. The smaller allocation isn't
necessarily by total design, she noted. The university has its
internal competitive process and is dependent on those proposals
being submitted internally. She said TVEP is one source of
funding, and other university funds are being directed towards
these workforce programs. It just might be that IT is utilizing
other sources and partnering with industry differently to
address those needs.
CO-CHAIR SPOHNHOLZ shared that the computer science program at
UAA is small when compared to other programs. But, she
continued, given the way things are moving it could be imagined
there might be some job growth in that area eventually,
providing opportunity as Alaska diversifies its economy.
7:38:18 PM
REPRESENTATIVE SCHRAGE inquired whether any of these programs
are accessible off campus or whether they all require an in-
person presence; for example, whether the IT program is
accessible from the Bristol Bay campus.
MS. COTHREN replied yes, many of the university's programs are
accessible online, particularly now with the pandemic. She said
that historically the university's career and technical
education programs have been much more hands-on, but creative
ways have been found to deliver online. For example, the Kenai
Peninsula College through UAA used to have two locations of
delivery for the process tech program one in Anchorage and one
in Kenai. Some efficiency was found by moving the program and
having many classes available online, effectively providing
delivery from Kenai and providing more students with access to
that program. Creative and flexible lab schedules were provided
for students to come obtain their hands-on experience in Kenai.
7:40:01 PM
REPRESENTATIVE MCCARTY referred to the Technical and Vocational
Education Program Report for [state fiscal year] 2020 and
requested an explanation of the last two columns in the chart on
page 6.
7:41:22 PM
LOUISE DEAN, Executive Director, Alaska Workforce Investment
Board, Department of Labor and Workforce Development (DOLWD),
responded that the TVEP recipients provide this information to
the department and to Research and Analysis so that the report
can be prepared. She allowed that the way it is reported is a
bit confusing. She explained there is a measurement 1-12 months
after exit, so the percentages show the number of participants
who exited that are employed one year after exit. The
percentages change as the length of time changes, such as 6
months, 7 months, or 12 months.
CO-CHAIR SPOHNHOLZ stated that this is somewhat of a comparison
of apples to oranges because some of these programs are high
school programs and others are post-secondary, which accounts
for some of the difference in terms of the employment numbers.
7:43:41 PM
REPRESENTATIVE MCCARTY remarked that being able to differentiate
between a high school student, certification student, and degree
student would be helpful. He then noted, as examples, the
figures of $80,000 for Partners for Progress and $30,000 for UA
and inquired about these numbers.
MS. DEAN answered that she would get the information and provide
it to the committee.
CO-CHAIR SPOHNHOLZ clarified that the TVEP money goes to the
institutions, not the students. She explained that the numbers
cited by Representative McCarty are the per pupil numbers - the
amount of funds provided to the program divided by the number of
students in that program. For programs with a smaller number of
students, the per-pupil investment from TVEP is much higher.
REPRESENTATIVE MCCARTY observed the current formula for the
percent of TVEP money received by each institution. He inquired
about rearranging the percentages so that those institutions
good at performing would get more TVEP money.
CO-CHAIR SPOHNHOLZ replied, "That is why we are here."
7:45:54 PM
MS. CARRICK responded further to Representative McCarty's
question. She drew attention to the Galena Interior Learning
Academy and its median wage after exit and pointed out that this
program serves a lot of high school students compared to the
university or to Ilisagvik College, which is geared more towards
adults in the community. These numbers have weight and merit,
she continued, but in addition they are somewhat correlational
in the sense that TVEP makes up different proportions of each
program's total ability to provide education. For example, for
the University of Alaska, TVEP provides a different proportion
of funding for different programs in different parts of the
state; the same is true for some of the other institutions. For
some of the smaller institutions TVEP funding makes up a very
large portion of the funds they receive overall for technical
education; for others it makes up a smaller percentage.
REPRESENTATIVE MCCARTY stated it would be helpful to see the
differentiation of where the students are from because in just
looking at the figures it appears that there needs to be a
realignment of the percentages.
7:47:30 PM
REPRESENTATIVE SCHRAGE suggested that one thing which may be
causing some of the disparity in wages for those that graduate
these programs is that some of the programs are more specialized
than others. The university offers a wide range of degree
programs, he said, while some institutions offer just programs
that typically have a high wage upon exiting the programs.
REPRESENTATIVE WOOL noted that the Partners for Progress Delta,
[whose graduates earn $80,000 in wages], seems to be the anomaly
that's much higher than the rest. While some are low, many are
in the $25,000-$40,000 range, he said, so he will look into
whether Delta is producing highly specialized graduates.
7:48:53 PM
CO-CHAIR SPOHNHOLZ stated that it is a very interesting and
important program in that it helps ensure that Alaskans are
getting hired in these high demand, high compensation careers.
Alaska needs people to be doing this work. It must also be
ensured that the state is making good use of its resources and
currently the amount of funds for TVEP is lower because
unemployment has been higher over the last 12 months, which is
going to create additional pressure moving forward. However, it
also underscores the importance of this program as people look
to make a shift in their career path as often happens when their
current career is interrupted. She thanked the sponsor for
introducing the bill.
[HB 100 was held over.}
HB 132-SCHOOL APPRENTICESHIP PROGS; TAX CREDITS
7:50:08 PM
CO-CHAIR SPOHNHOLZ announced that the next order of business
would be HOUSE BILL NO. 132 "An Act relating to technical
education and apprenticeships; relating to concurrent vocational
education, training, and on-the-job trade experience programs
for students enrolled in public secondary schools; relating to
child labor; and providing for an effective date."
CO-CHAIR SPOHNHOLZ noted that HB 132 is a House Labor and
Commerce Standing Committee bill on apprenticeship. She said
Co-Chair Fields would be introducing the bill.
7:50:58 PM
CO-CHAIR FIELDS, on behalf of the House Labor and Commerce
Standing Committee, sponsor, introduced HB 132, the Alaska
Apprenticeship Expansion Act. He stated that the bill's origins
are rooted in the long-standing success of apprenticeships in
Alaska, the experiences he had while working in the Department
of Labor & Workforce Development on expanding apprenticeships,
and on conversations with Representative McCarty prior to the
representative's election. He said Representative McCarty's
election was a good opportunity to look at ideas that could be
used to promote apprenticeship, he noted. Last session the
legislature came together around apprenticeships through House
Bill 308, which strengthened apprenticeships in the plumbing,
pipefitting, and electrical trades.
CO-CHAIR FIELDS said HB 132 would expand apprenticeships beyond
the building trades. He related that many Alaskans think of the
traditional construction trades when they hear "apprenticeship."
But, he continued, in the US and around the world there has been
tremendous expansion of apprenticeship beyond the traditional
building trades, especially in the last decade. Expansion has
been seen in insurance, financial services, health care, and
advanced manufacturing.
CO-CHAIR FIELDS explained that HB 132 would support expansion of
apprenticeships within traditional sectors as well as strengthen
connections between Alaska's career and technical education
programs with school districts and apprenticeship programs.
More graduating seniors would have career options with post-
secondary credentials, he said, and more employers would have an
identified pipeline of skilled talent.
CO-CHAIR FIELDS further stated that Alaska needs to keep working
to expand dual credit programs in which apprenticeship program
participants earn college credit and so that high school
students in non-apprenticeship career and technical educational
programs have more dual credit opportunities. He stressed that
these opportunities are particularly important for socio-
economic mobility, in other words for graduating seniors who
can't afford not to work. For too long people have been forced
to make an unfair choice going to work or getting a degree.
With the marriage of college and apprenticeship, and career and
technical education and college credit, Alaska's students can
have both.
CO-CHAIR FIELDS noted that Representative McCarty spoke to many
stakeholders and wrote HB 108, which is currently contained
within HB 132. He said he would defer to Representative McCarty
on whether to keep these as a comprehensive package or to pursue
HB 108 separately. He thanked Representative McCarty, along
with numerous other individuals, state departments, and federal
departments, for their help related to HB 132.
7:54:59 PM
CO-CHAIR FIELDS turned to a PowerPoint presentation on HB 132
titled "Apprenticeship Expansion Act." He displayed slide 2,
"Apprenticeship and CTE Background," and related that Alaska has
high-performing apprenticeship programs in traditional trades,
and almost 800 employers participate in Apprenticeships Day. He
said there has been exciting innovation with apprenticeship in
new industries, which the committee heard about in an earlier
informational hearing from the Primary Care Association and
others. While Alaska has some outstanding school district
programs, they are not at the scale needed to meet student
demand. He said a question to ask is: What can the state do to
support school districts that have an opportunity to scale up?
Other states and nations have shown the potential to expand
skill apprenticeship and career and technical education (CTE).
Alaska can learn from the examples set by nations like
Switzerland and Germany and the state of South Carolina, and the
apprenticeship tax credit provided in HB 132 is an example of
trying to learn from successful models. He reiterated his
previous statement that expansion of apprenticeship and CTE
would help people pull themselves up by their bootstraps when
they can't afford not to work in college. If the legislature
puts the right policy framework into place, he added, Alaska
would be able to capitalize on new infusions of federal grant
support for apprenticeship.
CO-CHAIR FIELDS proceeded to slide 3, "Incentivize Employer
Participation." He specified that HB 132 would establish an
employer tax credit of $1,000 per apprentice, a model used by
South Carolina to significantly scale up apprenticeship in
advanced manufacturing. The bill as currently written is a tax
credit for for-profit companies, he pointed out. A question is
whether the committee would like to make this a refundable
credit so that it would also benefit non-profit employers.
CO-CHAIR FIELDS spoke to slide 4, "Depts. Labor, Education
Coordination." He said that historically the Department of
Labor and Workforce Development (DOLWD) has supported
apprenticeship in Alaska. A question is whether that support
could be broadened with collaboration from the Department of
Education and Early Development (DEED). The bill's language, he
continued, does envision strong collaboration between DOLWD and
DEED, given the need to expand school to apprenticeship programs
and to the extent possible along more dual credit opportunities
for CTE programs including in "the STEM fields." He noted the
bill's language is general, giving the department the
flexibility to support school districts where it can.
CO-CHAIR FIELDS addressed slide 5, "College Credit for CTE and
Apprenticeship." He explained the bill directs the Board of
Regents to find ways to expand dual credit for CTE courses and
college credit for apprenticeship participants. He said the
university has made positive steps in this direction already.
He reiterated that HB 132 contains the entirety of HB 108 by
Representative McCarty. He concluded by stating that the bill
is simple a tax credit, collaboration among departments, and
dual credits with the university.
7:58:40 PM
REPRESENTATIVE NELSON requested further context regarding the
statement by Co-Chair Fields that last year the legislature
helped expand partnership through the building trade.
CO-CHAIR FIELDS replied that the legislature took what had been
regulations around apprenticeships in the plumbing, pipefitting,
and electrical trades and put some of those into statute to
strengthen the state's statutory support for some of the skilled
building trade apprenticeships.
REPRESENTATIVE NELSON asked if that also included a tax credit.
CO-CHAIR FIELDS responded that it did not. He explained that
that is more in terms of occupational licensing.
REPRESENTATIVE NELSON inquired whether there is a reason for a
tax credit being included in HB 132.
CO-CHAIR FIELDS answered that HB 132 proposes a tax credit of
$1,000 per student based on the successful model seen in South
Carolina scaling up apprenticeship. To his knowledge, he added,
the legislature has not contemplated an incentive like this
before, so he wanted to put it on the table.
8:00:09 PM
JOHN HAKALA, State Director, Office of Apprenticeship, US
Department of Labor, stated that he delivered a presentation on
youth apprenticeship on 2/24/21, and his comments today are a
follow-up to that. He said he reviewed the 2/9/21 draft version
of the bill and would like to recommend two wording changes to
"Section 1(12)" which states, "provide educational opportunities
in the areas of vocational education and training, and basic
education to individuals over 16 years of age who are no longer
attending school; the department may consult with business and
labor unions to develop a program to prepare students for
apprenticeships or internships that will lead to employment
opportunities". [In the bill before the committee, Version 32-
LS0476\B, this language is found in Sec. 3(a)(12).] Mr. Hakala
recommended that "career and technical education" be added after
the comma following "vocational education and training". He
explained that for youth apprenticeship, a look is taken at
career and technical education credit for on-the-job learning
and the related technical instruction. Since there is an Alaska
career and technical education plan, he continued, it would be
nice to have that reference included.
MR. HAKALA, regarding the above language, further advised that
using the term "internships" would introduce confusion into the
intent of the bill. He therefore recommended that "internships"
be replaced with "pre-apprenticeships" because internships,
work-based learning, on-the-job training, and CTE high school
program preparatory training all fall under pre-apprenticeships
for purposes of the House bill. He also noted that the current
federal apprenticeship regulations, as well as the draft
National Apprenticeship Act for 2021, only reference registered
apprenticeship, youth apprenticeship, and pre-apprenticeship.
[Thus, as per Mr. Hakala's recommendations, this language would
read: "provide educational opportunities in the areas of
vocational education and training, career and technical
education, and basic education to individuals over 16 years of
age who are no longer attending school; the department may
consult with business and labor unions to develop a program to
prepare students for apprenticeships or pre-apprenticeships that
will lead to employment opportunities".]
8:03:33 PM
MR. HAKALA addressed "Sec. 3" [in the 2/9/21 draft version of
the bill] which states that AS 43.20 is amended by adding a new
section to read: "To qualify as a registered apprentice for
purposes of the credit under this section, a person must
participate in a registered apprenticeship program recognized by
the Department of Labor and Workforce Development." [In the
bill before the committee, Version 32-LS0476\B, this language is
found in Sec. 9 (b).]. He pointed out that his office is the US
Department of Labor Office of Apprenticeship, which has always
been the registration agency for apprenticeship in Alaska. He
advised that the registration agency should be included in this
section to avoid confusion about the roles and responsibility of
the state and federal apprenticeship partnership. The revised
wording, he continued, needs to reflect how the state and
federal apprenticeship partnership has functioned over the
years. Mr. Hakala therefore recommended that the language be
revised to read as follows: "To qualify as a registered
apprentice for purposes of the credit under this section, a
person must participate in a registered apprenticeship program
registered with the US Department of Labor Office of
Apprenticeship, and recognized by the Department of Labor and
Workforce Development."
8:05:15 PM
CO-CHAIR SPOHNHOLZ said Mr. Hakala's recommendations are helpful
and requested that he submit the specific language to ensure the
committee gets it right. She related that one reason the
committee wanted to introduce this bill was to set up the
infrastructure that would allow [the state] to take advantage of
forthcoming federal changes in apprenticeship that are expected.
8:05:39 PM
REPRESENTATIVE KAUFMAN inquired about the functional differences
in definition between apprenticeship, pre-apprenticeship, and
internship.
MR. HAKALA replied that the registered apprenticeship is the
outcome that a lot of the preparatory programs are hoping for or
training towards. Depending on their design, he explained, they
might have a very tight connection to training their
participants to have advanced standing or direct entry into an
apprenticeship, where others may not. Work-based learning,
internships, on-the-job training, and preparatory training are a
component of registered apprenticeship, he continued, but
registered apprenticeship is broader and more structured. They
are components of the apprenticeship, but they are not
apprenticeship themselves, whereas registered apprenticeship
contains probably all the components of any one of those work-
based learning models, but the reverse is not true. He
specified that HB 132 is specifically about registered
apprenticeship, so career and technical education, all the
preparatory training, pre-apprenticeships, and such, are not a
full apprenticeship program.
REPRESENTATIVE KAUFMAN asked whether there is a place where he
can see the definitions.
MR. HAKALA responded that he would provide Co-Chair Fields with
the definitions to share with the committee.
8:07:58 PM
CO-CHAIR SPOHNHOLZ related that the internships she had in
college and high school didn't have specific concrete benchmarks
that she had to achieve, whereas an apprenticeship has very
specific things that must be learned in order to move on to the
next level. Internships are more general, she added, and
apprenticeships are more specific
8:07:58 PM
BRAD AUSTIN, Training Coordinator & Instructor, Local Union 262,
Plumbers and Pipefitters, stated that his union has a school-to-
apprenticeship program with the Juneau-Douglas High School. He
explained that his union's program requires the students to take
certain classes while in high school. Then at 17 the student is
placed with a contractor, and while the student probably
wouldn't work with heavy tools it gives the student a chance to
be around the trade and work with some of the plumbers. Upon
receiving a high school diploma or GED, the student is eligible
to directly enter the union's apprenticeship program.
MR. AUSTIN pointed out that "direct entry" is a big deal because
the normal course for getting into an apprenticeship program is
to file an application with the training committee, which in
Local Union 262's case only happens once a year. Then the
applicant must sit for an interview with his union's joint
apprenticeship training committee of six people, which can be
intimidating. In addition, the applicant is competing with
however many people are coming in through that application
process. The school-to-apprenticeship candidate with a direct
entry into the program bypasses all of that and comes directly
into the program.
MR. AUSTIN further pointed out that Local Union 262's school-to-
apprenticeship agreement also offers credit hours towards the
apprenticeship program. An apprentice in his union's program or
the Anchorage or Fairbanks programs, he continued, is going to
serve 10,000 hours over five years. Local Union 262's school-
to-apprenticeship agreement offers up to 500 hours of credit,
which put into monetary terms is a raise of $2 an hour after
three months rather than six months.
MR. AUSTIN said the partners in the school-to-apprenticeship
program are the school and the sponsoring agency. In the case
of Local Union 262, he related, the union meets with the student
and the parent or guardian so that everybody is informed. There
is no cost to the student or school, a win-win situation.
MR. AUSTIN stated that HB 132 would help with several problems
that his union has encountered. The bill would promote and
incentivize vocation education and CTE classes, taking them off
the dusty shelf in the counselor's office and putting them out
front. These are great careers for people who choose not to go
to college, he said. For example, an apprentice serving the
five years in Local Union 262's program will have made $281,000
in wages, and when the benefit package is added in the amount
comes to $524,000. These are good, high-paying jobs, he
continued, and the school-to-apprenticeship program is a great
conduit for an easy entry into one of them. He noted that the
school-to-apprentice program at Local 367 in Fairbanks currently
has 14 candidates and works with six schools because its program
is signed with the Fairbanks North Star Borough.
8:15:31 PM
CO-CHAIR SPOHNHOLZ urged committee members to visit Local 262's
training school, something that she did and where she was able
to do some welding.
8:15:45 PM
REPRESENTATIVE MCCARTY thanked Mr. Austin for his testimony and
for the tour he provided at the facility last week. He asked
how many apprenticeship opportunities exist at the Juneau-
Douglas High School, what percentage of students are involved,
and what other programs are offered.
MR. AUSTIN replied that there are three programs in Alaska for
union apprenticeships for plumbers and pipefitters. For
independent contractors he knows of three independent plumbing
apprenticeships in Juneau alone. He said there are probably a
lot more independent contractor apprenticeship programs than
union. He deferred to Mr. Hakala for providing exact numbers.
8:18:32 PM
MARI SELLE, Director, Workforce Development, Alaska Primary Care
Association (APCA), South Central Alaska Health Education Center
(SCAHEC), testified in support of HB 132. She stated that HB
132 has the potential to open doors for youth to enter health
and human services careers. She said APCA is a nonprofit that
supports community health centers, and its mission is to create
healthy communities by supporting community health centers. One
way that APCA does this, she continued, is by supporting
workforce development activities. She noted that many of APCA's
clinics and health facilities are in remote locations.
MS. SELLE related that APCA has been a multi-agency sponsor for
registered apprenticeships since 2017. She recognized the
Alaska Department of Labor and Workforce Development for growing
health care apprenticeships in Alaska through the American
Apprenticeship Initiative and the State Apprenticeship Expansion
Grant. She explained that a multi-agency sponsor works with a
variety of health care employers, many of which are APCA's
community health centers, and APCA manages the apprenticeship
program for these employers. The association teaches the
didactic education, and the employers provide the on-the-skills
job training, while APCA monitors and tracks all the apprentices
so the employer's only worry is employing that apprentice and
providing the apprentice with mentorship.
MS. SELLE said APCA has registered apprenticeships for a variety
of health care fields, mostly at the entry level. Recently APCA
added a human services apprenticeship for direct support
professionals, which are individuals who work with people that
experience a disability. This fall, she continued, APCA plans
to launch a pharmacy tech apprenticeship. She specified that
about one-fourth of APCA's apprentices are youth, defined as
ages 18-24, and that teens younger than 18 can't work in the
health care industry. To increase the availability of
apprenticeships for youth, she continued, APCA is actively
working with Alaska Work Partnership on a youth apprenticeship
grant as well as working with several school districts to
connect their CTE programs with APCA's apprenticeship programs.
MS. SELLE stated that lots of energy is currently going into
creating apprenticeship opportunities for youth, and HB 132
would fuel this fire that is already starting to burn. This is
an excellent apprenticeship model that works well for entry
level health care jobs, she said. This is because facilities
are already having to recruit, mentor, and train staff for entry
level jobs; out of necessity facilities must hire someone who
doesn't have the experience and train them. This apprenticeship
model can provide that missing piece, she continued. It is a
formal education in a structured way for a young person to learn
the needed skills and have multiple mentors through both the
APCA and the employer. These are great jobs, especially for
youth and those without experience, she added, as they can get
started, get certification, and get on a genuine career track
without incurring debt.
8:23:23 PM
MS. SELLE stressed her support for the proposed legislation's
structure that enables apprentices to earn dual credit. She
said APCA has a partnership with Alaska Pacific University (APU)
where the apprentices can earn college credit and an
undergraduate certificate through their apprenticeship. Upon
completion of their apprenticeship that undergraduate
certificate can pull through to an associate degree or
bachelor's degree, and the apprentice can get on a career ladder
to go into nursing, or public health, or even business or social
work depending on what the apprentice is interested in. As
well, Ms. Selle continued, apprentices are earning national
certification through the federal Office of Apprenticeship.
Many of APCA's programs, she added, are well suited for youth,
especially those youth who are on a career track versus a
college track. The Direct Support Professional (DSP)
Apprenticeship, for example, would be wonderful for a young
person. These apprenticeships give youth a well-lit path right
out of high school, while also earning college credit if
desired.
MS. SELLE concluded her testimony by noting that one challenge
is convincing employers to take on apprenticeships. She said HB
132 would provide a financial incentive to employers that would
help offset the risks that employers are taking. She expressed
her support for including the nonprofit sector in HB 132, and
pointed out that 90 percent of the employers participating in
APCA's apprenticeships are nonprofits.
8:25:52 PM
REPRESENTATIVE NELSON requested Ms. Selle to elaborate about the
risks that employers are taking regarding apprenticeship.
MS. SELLE replied that health care tends to be an environment
where there are high stakes safety and regulatory requirements.
In this environment, she continued, health care facilities
aren't necessarily keen to jump into a new training model. Even
though apprenticeship is not new, it is new to health care and
human service employers in Alaska. So, there is risk for them
to invest the time and energy into trying this and taking on new
inexperienced staff, and she therefore thinks that an incentive
would be helpful.
REPRESENTATIVE NELSON offered his understanding the risks Ms.
Selle is referring to are the time and effort that a business
would be putting into the apprenticeship program, not risks to
patients or administrative tasks.
MS. SELLE responded correct and clarified that she was not
talking about risks to patients.
8:27:27 PM
REPRESENTATIVE MCCARTY asked whether a person must be 18 or over
to participate in APCA's program.
MS. SELLE answered correct.
REPRESENTATIVE MCCARTY stated he would call that "young adult"
rather than "youth" given youth is generally categorized as
teenagers. He requested Ms. Selle to provide APCA's definition
of youth.
MS. SELLE replied that APCA works with the [Workforce Innovation
& Opportunity Act] WIOA Program which defines youth as
individuals between the ages of 14 and 24, so that is the
framework APCA has been using. She said APCA's youth
apprenticeship program and youth apprenticeship efforts focus on
individuals who are 18-24 and APCA calls them youth.
8:29:05 PM
KYLE KAISER, Electrical Entry Program, Membership & Development
Lead, Local 1547, International Brotherhood of Electrical
Workers (IBEW), President & Founder, Veteran Internships
Providing Employment Readiness (VIPER), testified in support of
HB 132. He thanked the committee for discussing the various
programs today. He pointed out that missing from the
discussions was apprenticeships as a tie-in for veterans getting
out of the military. He said he heard the terms youth and young
adult, but not military even though current and former military
members comprise a good portion of Alaska's population. He
reported that each year 200,000 veterans on average leave the
military, and 150,000 of them are unemployed and have no career
path when they get out.
MR. KAISER related that VIPER's mission is to bridge that gap
between military and civilian employment, and apprenticeships
are an excellent way to do that. He said he participated in an
apprenticeship when he left the military. He stressed that an
apprenticeship offers hope. A person transitioning out of the
military, he explained, doesn't have many transferable skills.
For example, he was an airborne infantry sniper, which didn't
give him much to translate to. Even someone in the military
medical field won't have skills that transfer, he added. An
apprenticeship fixes many of those issues because the individual
will learn everything needed for his or her next career.
MR. KAISER emphasized his support for expanding efforts to bring
people into apprenticeships. He offered his agreement with
providing incentives and suggested that the state also inform
employers about the federal incentives for hiring veterans,
which is something that isn't well known or talked about.
MR. KAISER stated that apprenticeship and how it relates to
veterans is much more than just a job. It could very well be
saving someone's life, he said. Giving someone hope in his or
her next career and a direction for moving forward is invaluable
"when the demons start crawling out of the closet."
Apprenticeships would be a great thing for his children when
they grow up, he continued, but he still wants to make sure
there is support for the men and women coming out of the
military and looking for their next careers, and apprenticeships
could be the answer for doing that.
MR. KAISER said it doesn't matter whether something is defined
as an apprenticeship, pre-apprenticeship, or internship so long
as it is a progression into a career. For example, he noted,
VIPER is launching an aviation maintenance program in May
[2021]. It will provide 12 weeks of general aviation and after
that the individual can choose to go to accredited school or go
to work for an employer that has an internal apprenticeship. He
stated that HB 132 will help get more programs like that going
with employers and will open more opportunities.
8:33:24 PM
REPRESENTATIVE NELSON complimented the VIPER program. He asked
whether the federal incentives for apprenticeships were only for
former military members or also included others.
MR. KAISER replied that he was referring to the federal tax
incentives for the employment of veterans, and that if the state
notifies employers of state incentives for creating an
apprenticeship program it should also notify them of the federal
incentives for veterans.
8:34:25 PM
JEFF LIBBY, Director, Center of Strategic Partnership and
Research (CaSPR), Director, Applied Environmental Research
Center (AERC), University of Alaska Anchorage (UAA), noted that
he previously served as the Associate Dean for the Community and
Technical College at UAA. He thanked the co-chairs for inviting
him to provide testimony on HB 132, which would promote
apprenticeship opportunities in Alaska. He said he is here
today to tell members about the work the University of Alaska
Anchorage has been doing to support this national initiative for
workforce development and helping to put Alaskans back to work,
especially after the pandemic.
MR. LIBBY specified that both the University of Alaska Anchorage
and University of Alaska Fairbanks have associate degree
programs that provide avenues for anyone who completed a
registered apprenticeship to transfer related technical
instruction from his or her apprenticeship into college credit
within the University of Alaska system. For example, he
explained, an individual completing an 8,000-hour apprenticeship
can transfer his or her completed apprenticeship training hours
and have that qualify for up to 38 university or college credits
toward an Associate of Applied Science (AAS) degree in
apprenticeship technologies at either UAA or UAF. The remaining
credits to complete these associate degrees can be completed 100
percent through distance delivery classes. The best part, he
continued, is that these degrees are part of what has been
traditionally known as a "two-plus-two-degree program." This
means that all previously awarded college credits and training
hours for an individual's apprenticeship can be transferred into
a bachelor's degree in Applied Leadership at the University of
Alaska Anchorage. This degree can also be completed 100 percent
online, which allows anyone in Alaska who has completed a
registered apprenticeship an opportunity to complete an
associate degree and a bachelor's degree regardless of where
they live in the state.
MR. LIBBY provided a brief history. He related that this was
originally started with UAA's Community and Technical College
that partnered with a local auto group in Anchorage to develop
the first apprenticeship for automotive service and repair
technicians. It was anticipated that existing students in the
college's automotive technology program would enroll in this
opportunity, which they did. But, not expected, was enrollment
by employees from the organization into UAA's program because of
the opportunity it provided for their career growth. As word
spread through the program's advisory board, he said, other car
dealerships and independent service and repair facilities
throughout Alaska wanted to be a part of this apprenticeship
opportunity. So, UAA applied to be a sponsor for multi
occupational apprenticeships with the US Department of Labor.
This sponsorship allows UAA to send students to any employer and
the university system provides the related technical instruction
for the employer, and it can be in any occupation.
MR. LIBBY stated that after becoming a sponsor for multi
occupational apprenticeships, UAA decided to transfer the
sponsorship from the Community and Technical College to the
Center of Strategic Partnership and Research, which lies under
the Business Enterprise Institute. This allows for expansion
across the colleges and the entire University of Alaska system
to identify other opportunities for apprenticeship to help fill
our workforce gaps. He said UAA has been collaborating with the
American Association for Community Colleges and was awarded
external funding to support apprentices in Alaska and increase
these opportunities. Today UAA is working with the Alaska
Department of Labor and Workforce Development in this national
initiative for expanding community college apprenticeships that
is sponsored by the US Department of Labor and the American
Association for Community Colleges. Currently, more than 300
universities and colleges are participating in this initiative.
MR. LIBBY opined that the term apprenticeship is not well
defined. When the term apprenticeship is used, he said, it is
often associated with traditional skills and technical trades,
but today almost half of the nation's apprentices are working in
the health care industry. He related that UAA has partnered
with the Alaska Primary Care Association and is working with
UAA's College of Health to continue to expand this initiative
and help put Alaskans to work. Also, he noted, the university
has developed an apprenticeship program for diesel mechanics,
and some of the related technical instruction is offered as
articulated credit and dual enrollment for high school students
throughout the state to help jumpstart careers. Mr. Libby
further noted that UAA is currently developing an apprenticeship
in research for both graduate and undergraduate students to work
in fields related to climate change, fisheries research, and
other wildlife and environmental fields. This will be the first
of its kind, he said, and several universities in the Lower 48
are interested in modeling the platform being designed by UAA.
It will help University of Alaska students across the board gain
field and hands-on experience in research.
8:39:54 PM
REPRESENTATIVE MCCARTY asked whether there are kids in the
middle college who are doing the program at UAA.
MR. LIBBY replied that a couple initiatives are underway at this
point, one of them being information technology (IT). He said
dual enrollment opportunities for high school students are the
big thing offered by the university. At this point, he
continued, the university doesn't have anything with middle
school, middle college, opportunities, which has been an
initiative for a while. He pointed out that students who want
to participate in apprenticeship could get articulated credit or
dual enrollment credits at the high school level and then
transfer in to expedite their careers in Alaska's economy.
REPRESENTATIVE MCCARTY inquired whether dual enrollment means
high school credit plus college credit.
MR. LIBBY answered that those students taking a course that has
articulated credit or that is qualified as dual enrollment would
be receiving college credit at the high school level. For
example, UA's automotive, diesel, computer networking and
systems technology, and several other programs all have
articulated, or dual enrollment, courses offered at the high
school level, so students are gaining college credit while they
are at the high school level.
8:41:38 PM
REPRESENTATIVE KAUFMAN commented that most committee members
probably agree that apprenticeship programs and vocational and
technical training is good. He observed that the bill has
requirements for schools as well as other requirements, yet the
fiscal note is zero. He said cost is a big question for him, so
he would like to hear more about the cost as the committee
discusses the bill further.
CO-CHAIR FIELDS responded that DOLWD has a strong network of
apprenticeship specialists. He said the bill language directs
DEED to collaborate with DOLWD, and he would defer to
Commissioner Johnson (of DEED) to explain how he would envision
implementing that and obviously it might change. He explained
that the resources the state would be taking advantage of are
federal resources. Co-Chair Fields recounted that when he
worked at DOLWD he applied for federal grants in partnership
with many great people, and they were lucky enough to receive
them and it helped jumpstart programs like APCA. He said
[DOLWD] sort of positioned itself to benefit from federal funds
and the opportunity today is to build on past achievements.
Regarding the state's history on apprenticeships, he related
that much of the foundational work goes back to when Click
Bishop was the DOLWD commissioner and Governor Palin was
governor. While at DOLWD, he continued, he felt the department
was building on what they did then, and the investment and
support for apprenticeship has continued under this
administration. He said HB 132 looks at what is next, which is
these linkages with schools and the connections to college
credit. There is more federal money coming down the line and if
there is collaboration with DEED and collaboration continues
with the university, [the state] will be very well positioned to
capitalize on that. Co-Chair Fields further related that
district level CTE coordinators have said the districts need
people to make connections with employers so that there are more
school-to-apprenticeship programs for existing apprenticeship
sponsors and for employers that are looking for workforce but
don't yet have an apprenticeship program, and he would like to
see federal dollars support this. He agreed that paying those
folks would absolutely take money and said that would be a role
that federal money could play. He concluded by stating that
DOLWD already has good infrastructure and the department of
labor at the federal level already has good infrastructure, [and
HB 132 would] increase coordination with DEED to position [the
state] to capitalize on federal grants.
CO-CHAIR SPOHNHOLZ suggested this be taken up further when the
committee hears the bill again later this week.
8:44:52 PM
REPRESENTATIVE MCCARTY recalled Co-Chair Fields asking whether
HB 108 should stay part of HB 132 and said that 75-80 percent of
HB 108 is in HB 132. He noted today's testimony was primarily
about people older than 18. But, he continued, HB 108 is for
high school students to get into the trades and be recognized
that they have certifications to make them employable right away
and more viable to the workforce within a short period of time.
He said he therefore desires that all the language from HB 108
be removed from HB 132.
CO-CHAIR SPOHNHOLZ stated she thinks part of that is because
most of today's testifiers were talking about existing programs.
She concurred it is a fair point that the committee didn't hear
very much today about high school level apprenticeship or pre-
apprenticeship. She said the concerns of Representative McCarty
would be taken up when the committee again hears the bill. She
further surmised that Co-Chair Fields would follow up with
Representative McCarty as well.
CO-CHAIR SPOHNHOLZ announced that HB 132 was held over.
HB 45-WORKERS' COMP. AND CONTAGIOUS DISEASES
8:46:43 PM
CO-CHAIR SPOHNHOLZ announced that the next order of business
would be HOUSE BILL NO. 45, "An Act relating to presumption of
compensability for workers' compensation claims related to
contagious diseases; and providing for an effective date."
8:47:19 PM
REPRESENTATIVE ANDY JOSEPHSON, Alaska State Legislature, as
prime sponsor of HB 45, provided a refresher about the bill's
provisions. He stated that the bill's origins stem from the
COVID crisis and Amendment 5 [on the House floor] to [Senate]
Bill 241. He said the provision of [Senate] Bill 241 being
spoken about here was in effect until 11/15/2020. It offered,
some might say, generous incentives to first responders to
report to work as they normally would, and that only in times of
a disaster declaration there would be a strong presumption that
if they came down with the disease, in this case SARS COVID-19,
it would be covered by workers compensation. He said HB 45 is
in some respects less generous than Amendment 5 in that it does
allow for a rebuttable position to be taken by the employer upon
clear and convincing evidence that the employee did not in fact
contract the disease at work, but still there is the presumption
of compensability. Also, he noted, HB 45 expands the class of
workers, principally in the area of grocery store employees and
teachers in childcare facilities.
8:49:22 PM
ELISE SORUM-BIRK, Staff, Representative Andy Josephson, Alaska
State Legislature, on behalf of Representative Josephson,
sponsor of HB 45, reviewed a memorandum written on the
representative's letterhead providing answers to the questions
that were posed by committee members during the bill's [first
hearing on 3/5/21]. Regarding the question about the definition
of grocery store, she stated that it is the only statutory
definition of grocery store in Alaska statute. She advised that
a new, more inclusive definition could be drafted by Legislative
Legal Services if the committee saw fit. Regarding
Representative McCarty's question about whether an emergency
could be statewide, regional, or local in nature, she said it
can be any of those as per AS 26.23.020(c) of "the Disaster
Act," which outlines how a governor goes about declaring a
disaster emergency and that the governor must "indicate the
threated or affected area".
MS. SORUM-BIRK related that the sponsor was asked to supply the
statutory definitions of disaster and the section for how the
governor can declare disaster emergencies. She said there are
separate sections in the Disaster Act, and the one referenced in
HB 45 is the governor's power to declare a disaster emergency.
[The Disaster Act], she continued, includes a definitions
section that has several definitions of disaster. The
definition in AS 26.23.900(2)(E) is an outbreak of disease or a
credible threat of an imminent outbreak of disease that the
commissioner of the Department of Health and Social Services, or
a designee of the commissioner, [certifies to the governor].
The list of things that can be considered a disaster emergency
is very long, she noted.
MS. SORUM-BIRK addressed Representative Kaufman's question about
whether an employer might be opened to liability by having one
of its employees receive workers' compensation. The sponsor's
answer, she said, is that under Alaska statute, workers'
compensation files and medical records are kept confidential and
are not considered public records. If something becomes an
issue of litigation, those records might be released and become
more public. Regarding Representative Kaufman's concern that
employers might discriminate against employees in high-risk
categories, she cited a publication by the Equal Employment
Opportunities Commission (EEOC) that was originally published
during the H1N1 pandemic of 2009 and which the EEOC updated for
COVID. She informed the committee that the short answer is no
but added that it is more complicated than that. Bringing
attention to page 3, she explained that if something raises to a
certain level of threat the employer can then ask for certain
things to be revealed that weren't able to be revealed
otherwise, which is why it isn't a straight no.
8:54:42 PM
MS. SORUM-BIRK discussed Representative Kaufman's inquiry as to
shared costs to the business communities. She drew attention to
the analysis of HB 45 by the National Council on Compensation
Insurance (NCCI) that modeled infection rate scenarios of 5, 15,
and 25 percent, and used a mortality rate of 0.5 percent. Given
Alaska's real infection rate at the end of December [2020] was
about 5.9 percent and the mortality rate was 0.4 percent, she
said the model for a 5 percent cost scenario is probably the
most accurate for Alaska. There are different caveats, and it
isn't a perfect fit into the model, she continued, but the
NCCI's estimate for a 5 percent infection rate was $2 million in
overall workers' compensation costs.
MS. SORUM-BIRK examined the implications for paid sick leave and
how that might interact with the workers' compensation system,
which was another question brought up by Representative Kaufman.
She related that directors Scott Jordan and Charles Collins both
explained to her that since workers' compensation is designed
really to be an exclusive remedy, the first money out is payment
for workers' compensation. She said workers' compensation is
based on 80 percent of a worker's average weekly wage when a
worker is out. She noted that, interestingly, the State of
Alaska calculates what the remaining 20 percent would be so that
the employee is made whole. Using that 20 percent from [a state
employee's] leave allows [a state employee] to stay current with
benefits. She added that other employers might do it slightly
differently than does the state.
8:56:53 PM
CO-CHAIR SPOHNHOLZ remarked that the memorandum is very thorough
in its detail and very useful.
MS. SORUM-BIRK spoke to Representative McCarty's request for
more details on the data, costs, and number of claims in Alaska.
She said Director Collins followed up with some numbers via
email, and while she wouldn't state them all, the number of
COVID-related cased opened as of [3/12/21] was 2,483.
8:57:51 PM
REPRESENTATIVE NELSON inquired whether HB 45 is retroactive in
covering previous iterations back in December.
MS. SORUM-BIRK replied that there are two effective dates, a
retroactive date and an immediate date. Under the retroactive
clause, she explained, anyone previously covered last spring by
[Amendment 5 on the House floor to Senate Bill 241] would be
covered retroactively to November 15 [2020]. She noted that
this would be first responders and medical professionals who
lost this incentive when the initial emergency declaration
expired. For the new groups of employees, she said, there is an
immediate effective date.
REPRESENTATIVE NELSON observed that the sponsor's statement
says, "An employer could only rebut a claim by producing clear
and convincing evidence that an employee infection was not work
related." He asked what the sponsor would consider to be "clear
and convincing evidence." For instance, whether the sponsor
would consider an example to be a Facebook post of the person
partying without a mask.
MS. SORUM-BIRK deferred to the sponsor to speak to evidentiary
standards.
REPRESENTATIVE JOSEPHSON confirmed it could indeed be something
like a Facebook post. He explained that if a claim were to get
very expensive, an employer may want to depose people to find
out where the claimant could have contracted the disease other
than the place of employment. For example, in Anchorage,
patients brought to the hospital by paramedics are tested for
COVID, thereby tracing it in most circumstances. According to
the attorney he spoke with at the Municipality of Anchorage who
is mitigating some of the other ones, they can trace it to the
patient and then the assumption is made, and the claim is paid,
that the paramedic delivering the patient to the hospital
contracted it from the patient. There are other cases, he
continued, where the narrow language in Senate Bill 241, which
isn't exactly mirrored in HB 45, is being challenged and so the
lawyers are battling in those cases. He deferred to Director
Collins to provide further detail.
REPRESENTATIVE NELSON posed a hypothetical scenario of a store
worker who doesn't get infected at the store but goes home to
someone who is asymptomatic and unknowingly spreading the
infection. He asked whether that would technically fall under
workers' compensation under HB 45.
REPRESENTATIVE JOSEPHSON answered that in this scenario there is
a chance that the employee would receive benefits. He said the
benefits would be limited in that there must first be a declared
disaster of infectious disease, and typically the extent of that
disaster is going to be 30 days unless the legislature extends
it. This benefit is important, but it is constrained, he said.
Typically, it will not be utilized because it won't be available
on the facts before (indisc. rustling of microphone).
REPRESENTATIVE NELSON said that while he doesn't like to play
the "what if" game, it is also good to game play to find out
whether this would count for someone who isn't infected at the
grocery store but rather at home.
CO-CHAIR SPOHNHOLZ announced that Director Charles Collins is
online and could address Representative Nelson's question about
clear and convincing evidence.
9:03:13 PM
CHARLES COLLINS, Director, Division of Workers' Compensation,
Department of Labor and Workforce Development (DOLWD), responded
that the question is somewhat complicated. He explained that if
the employer decided there was a possibility the disease was
contracted outside the course of normal business, the employer
could controvert it and have a hearing before an industry of
labor and hearing officer panel, at which the employee and the
employer would bring their evidence. He said it is a very
complicated question in that three people in an adjudication
setting must be convinced of the merits of [the employer's]
case, just as with every injury in workers' compensation where a
"controversion" comes into play.
REPRESENTATIVE NELSON asked whether he could talk off-line with
Director Collins to get more background information.
MR. COLLINS replied yes, he is always available to assist.
9:04:52 PM
REPRESENTATIVE KAUFMAN inquired about how responsibility is
assigned. He stated that in the previous example of emergency
medical technicians (EMTs) and a COVID positive patient, the
EMTs are wearing protective equipment and are in a controlled
circumstance. It sounds like it would be assumed the EMTs
caught it at work, he said, when they may have caught it while
out at the bars the night before. He asked whether, in a
situation of there being a COVID positive person where someone
works, it would be assumed the worker caught it at work.
REPRESENTATIVE JOSEPHSON replied that under Alaska's current
workers' compensation statutes without HB 45, a person can try
to make a claim that he or she contracted an infectious disease
by exposure at the workplace. He said it is more challenging
than it would be under HB 45 because the worker must prove that
the conditions of his or her employment are substantially
different from the ambient background that everyone lives in and
therefore the worker is susceptible to contracting the disease
at that place of employment. For example, he continued,
according to documents in the committee packet presented by Ms.
Sorum-Birk, it is now common knowledge that more police officers
have died from COVID exposure than any other disease they've
suffered from or being shot, and it is known that this is
certainly true in the medical community. It is also known that
personal protective equipment (PPE) and other barriers and
safety precautions may be insufficient.
REPRESENTATIVE JOSEPHSON continued his answer. He stated that
part of this is a policy call - wanting people to go to work
without fear to save [the public's] loved ones - so the bill
tries to identify who are the essential workers and offer them
this protection. He recalled last week's testimony by Mr.
Collins that only $850,000 had been spent and noted that it has
now just eclipsed $1 million based on the data provided by Ms.
Sorum-Birk. However, he pointed out, this is spread over
730,000 Alaskans and, if he is remembering correctly, only 1 in
12 people who have contracted COVID in Alaska are believed to
have gotten it at work. He further said that that 1 in 12 would
include a librarian who would not be an essential worker, and so
HB 45 limits the group. Additionally, he continued, many of the
people who filed claims simply went to get a COVID test and were
told they're negative, and this is a workers' compensation
claim. To be really understood, he added, the numbers must be
investigated and peeled back.
9:08:52 PM
CO-CHAIR SPOHNHOLZ [opened public testimony on HB 45.]
9:09:14 PM
JAKE METCALFE, Executive Director, Local 52, Alaska State
Employees Association (ASEA), testified in support of HB 45. He
noted that ASEA, Local 52, represents approximately 8,000 hard-
working public employees who deliver the critical services that
Alaskans rely upon every day. He pointed out that last year,
essential workers, including ASEA's members, were asked to put
themselves and their families at risk to keep Alaska running by
ensuring critical services continued. Public employees are
asked to rise above and go beyond to keep the lights on, keep
the roads cleared, ensure public water is clean and safe, and
that children and families in need are cared for. This year was
no different, the pandemic caught everyone off-guard, he
continued. Organizations across the country realized that
pandemic preparedness was not in many people's rule book and the
State of Alaska was no exception. As organizations and
governments worked hard to respond to the novel coronavirus
pandemic, the essential workers never stopped working.
MR. METCALFE stated that the pandemic Alaskans stumbled through
revealed numerous gaps in the safety net cast for Alaska's
working people. He said HB 45 would help fill one of the holes
in Alaska's safety net by providing a remedy for frontline
workers and their families if they contract a pandemic disease.
Several ASEA's members, especially those working in corrections
and 24-hour facilities like the Pioneer Home and McLaughlin
Youth Center, have personal stories they can share about their
working conditions and exposures to the virus. These dedicated
Alaskans, he stressed, are being asked to take major risk to
keep Alaska running. He requested that legislators think about
those workers and pass this important bill so that those risks
are met with some relief for the worker and the worker's family.
MR. METCALFE further specified that HB 45 is critical in
ensuring that Alaska is taking care of the essential workers who
are taking care of Alaskans. This bill, he added, is just one
step that will fill a gap that became too wide and too consuming
as essential workers fell ill with little to no relief.
Families should not be forced to choose between their health and
safety and earning a living. While HB 45 can't protect
dedicated essential employees against contracting the disease,
it will offer them relief they will need if they do suffer from
a pandemic illness. He urged that HB 45 be passed.
9:12:45 PM
CO-CHAIR SPOHNHOLZ thanked the members of ASEA who routinely
work in tough conditions, especially this year given there were
COVID outbreaks in several of Alaska's prisons. She noted that
ASEA members also kept Pioneer Home residents safe.
9:13:07 PM
CO-CHAIR SPOHNHOLZ retroactively opened public testimony.
9:13:17 PM
CHARLES STEWART, Chair, Local 52 Probation and Parole Officers,
Alaska State Employees Association (ASEA), testified in support
of HB 45. He stated he is before the committee in support of HB
45 using his own personal experience with a contagious disease
COVID. He said he tested positive for COVID at the end of
December and was exposed at work. He knows this, he continued,
because he was so afraid of getting COVID, given his age and
health issues, that he only went to work and home every day.
His girlfriend worked from home and did not leave their house
for the same reasons. They ordered all their food from the
grocery store and had it delivered to their home.
MR. STEWART stated that all peace officers, firefighters, EMTs,
and paramedics experience possible exposure to contagious
diseases daily in their types of employment and working
conditions, and they never know what they will walk into each
day. He stated that HB 45 would support these workers and give
them some peace of mind that they would not have to worry about
all the other personal leave for medical reasons in case there
is another health issue in the future.
CO-CHAIR SPOHNHOLZ thanked Mr. Stewart for his testimony and his
work.
9:15:11 PM
PAUL MIRANDA, President, Alaska Professional Firefighters,
testified in support of HB 45. He stated he is an engineer
paramedic with the Anchorage Fire Department at Station 14 in
northeast Alaska. He thanked the committee for working on this
important issue and related that this issue is important to all
the men and women in Alaska who serve their communities as first
responders and frontline essential workers. On behalf of the
500 members of Alaska Professional Firefighters, he offered
strong support for HB 45.
MR. MIRANDA pointed out that firefighters and emergency medical
services (EMS) personnel place themselves in harm's way when
caring for patients in uncontrolled environments, such as a
patient's home or the back of an ambulance. He said these
professionals are not afforded the opportunity to work in a
controlled environment with properly ventilated rooms and other
protective measures. First responders, along with other
frontline essential workers, are at much higher risk of exposure
to contagious disease due to the nature of the work, and
therefore are much more likely to contract certain illnesses
through the course of their work than individuals in other
career fields.
MR. MIRANDA recounted that at the beginning of the COVID-19
pandemic many [fire] departments in Alaska struggled to obtain
adequate levels of PPE to sufficiently protect their first
responders, putting them at further risk of exposure to the
[COVID] virus. Due to the nature of emerging infectious disease
outbreaks or pandemics, he continued, there are many unknowns at
the beginning until scientists have time to figure out the
nature and characteristics of disease transmission.
MR. MIRANDA noted that while it can be difficult to pinpoint
exactly where an exposure to an illness came from, it is known
that Alaska's first responders and essential workers are out on
the frontlines being potentially exposed each time they go to
work. He related that first responders take an oath to protect
life, property, and the environment throughout their career. He
said it is critical that Alaska's first responders and frontline
essential workers know they are protected and that the state
will have their backs so they can focus squarely on the oath
they promised to keep. He reiterated that the Alaska
Professional Firefighters strongly supports HB 45. He urged the
committee to support the bill as well.
CO-CHAIR SPOHNHOLZ thanked Mr. Miranda for his testimony and
thanked the members of Alaska Professional Firefighters for
their work.
9:18:01 PM
REPRESENTATIVE KAUFMAN surmised the aforementioned firefighters
have sick leave.
MR. MIRANDA replied that's correct.
REPRESENTATIVE KAUFMAN asked what the driving need is for HB 45
if someone is already covered by sick leave.
MR. MIRANDA explained the notion is that if someone contracts a
disease such as [COVID] through the course of their employment,
the individual should not be burdened with using his or her own
sick leave, if they have it. It should be covered by the
employer, he continued, if the individual contracts the disease
during his or her course of normal duties.
REPRESENTATIVE KAUFMAN stated that a person may not want to use
his or her sick leave [for COVID], but that's what it's for. He
said he still isn't convinced when someone is covered by sick
leave. He stated that when he has gotten sick with a typical
cold or flu, most of the time he probably caught it at work.
REPRESENTATIVE JOSEPHSON responded that this is a pandemic where
the lucky ones are asymptomatic or only affected for 3-5 days,
while others are on ventilators or at the hospital. He said the
three basic things [in HB 45] are that the employee would need
to use his or her sick leave, the employee would have full
medical rather than be subject to deductibles and co-pays, and
the employee would receive a spendable weekly wage, which
doesn't often amount to much, but the employee would get
something rather than no weekly wage. He further noted that for
an employee who is a "long-hauler" and sick for months and
months, it's meaningful to have that rather than to have a sick
leave bank that is expired.
9:21:25 PM
REPRESENTATIVE NELSON recalled previous statements about it
being difficult to pinpoint whether the infection came from work
or elsewhere. He said that is where he has a quandary.
CO-CHAIR SPOHNHOLZ requested Mr. Collins to speak to the process
for determining whether there is employer responsibility.
MR. COLLINS explained that as with any workplace injury the
employee has the responsibility of turning in his or her
paperwork and the employer always has the rebuttable evidence to
bring forth as to whether [the injury did happen at work]. A
disease might not be quite as straight forward as a slip and
fall, he continued, but there certainly is the possibility that
it could be rebutted. The employer could controvert or deny the
claim and the employee would then be forced to go to a hearing
to prove his or her case.
9:23:22 PM
REPRESENTATIVE MCCARTY recounted that while doing graduate work
he drove an ambulance in Los Angeles. It was during the start
of the AIDS epidemic, so he was dealing with bloodborne
pathogens and fluids. But, he continued, airborne pathogens are
being talked about here. He asked Mr. Miranda whether in this
industry it is correct that there are always airborne pathogens.
MR. MIRANDA answered that's correct.
REPRESENTATIVE MCCARTY asked how Mr. Miranda and the industry
differentiate whether someone's illness from airborne pathogens
was acquired on the job or not.
MR. MIRANDA responded that he thinks the nature of this pandemic
has opened people's eyes to some of those things. [Paramedics]
have personal protective equipment for respiratory protection
that are now being worn in most of the departments in Anchorage
during every interaction with patients. As far as
differentiating previously, he said he thinks it was a little
easier to trace because it wasn't in the middle of a global
pandemic. When [a paramedic] took someone to the hospital with
a respiratory illness, the hospital followed up, and that
exposure could be easily traced to the workplace, whereas COVID-
19 is different.
REPRESENTATIVE MCCARTY posed a scenario in which an employer is
doing due diligence to make sure the workplace is safe, such as
having masks and protective equipment. He asked at what point
does it becomes an infraction or a claim to the employer.
MR. COLLINS replied that that is an extremely good question for
which there probably is not a definitive answer. He said
firefighters already have a presumption of coverage for certain
diseases under AS 23.30.121, which speaks directly to that and
is a bit of a carveout. He explained that for certain
carcinogenic airborne particles that may cause certain lung
diseases, firefighters have a presumption that allows them
greater access to workers' compensation than, say, a
construction worker who burns things all day long and is exposed
to the same materials but would not be covered because it is a
much steeper incline for that construction worker to prove that
it's a workplace injury. He stated that moving the needle of
the presumption opens the gate a little bit wider to what is a
workplace injury, whether it is an airborne disease, blood-based
pathogen, or something else. That is a discussion for the
committee to have, he said. He offered his opinion that he
thinks extreme care must be taken about how wide that floodgate
is opened.
9:28:31 PM
MR. MIRANDA returned to the initial question asked of him by
Representative Kaufman. He said Representative Josephson's
answer to that question was very accurate - this is not
necessarily just for those folks who might have minor symptoms
and miss a couple days of work. For example, he related, one of
the firefighters contracted COVID while at work at a busy
station, it was well documented, it was at the beginning of the
pandemic when this person responded to many COVID positive
patients, and this person is having long-term significant
symptoms from COVID. He said that speaks to the need for this
bill specifically and these pandemic situations that can have
long lasting effects on employees.
9:29:57 PM
CO-CHAIR SPOHNHOLZ closed public testimony on HB 45.
9:30:10 PM
REPRESENTATIVE SNYDER moved to adopt Amendment 1 to HB 45,
labeled 32-LS0304\B.3, Marx, 3/13/21, which read:
Page 2, following line 14:
Insert a new subparagraph to read:
"(I) employee of a farmer's market;
(J) employee of a vendor who sells products
directly to consumers at a farmer's market;"
Reletter the following subparagraph accordingly.
Page 2, line 17:
Delete "(A) - (H)"
Insert "(A) - (J)"
Page 2, following line 23:
Insert a new paragraph to read:
"(4) "farmer's market" means a seasonal
market
(A) operated under the sponsorship of a
community organization; and
(B) the main purpose of which is to provide
an opportunity for producers to sell agricultural
products directly to consumers;"
Renumber the following paragraphs accordingly.
9:30:19 PM
REPRESENTATIVE NELSON objected for purposes of discussion.
REPRESENTATIVE SNYDER explained Amendment 1 would add "employee
of a farmer's market" and "employee of a vendor who sells" at a
farmer's market. She said the amendment uses the Alaska
Administrative Code's existing definition for farmer's markets.
She stated that adding these occupations to the list originally
covered in HB 45 on page 2 is in line with the rationale for
including grocery store workers, which is to ensure that peace
of mind is provided to those Alaskans who are essential workers
making sure the public has access to food in the time of a
pandemic. Farmer's markets, she noted, are an increasingly
important venue for food procurement in Alaska. They were
thrust into the pandemic response conversation this past year
when they weren't initially included in the list of operations
permitted to be open during the temporary lockdown in Anchorage.
After discussions with local leadership and with food-focused
stakeholder groups, the importance of farmer's markets to food
access and to local economies including Alaskan farmers and food
vendors was recognized and farmer's markets was added to the
list of operations that should stay open. She said Amendment 1
seeks to make sure farmer's market workers delivering the same
important services as grocery store workers are protected.
9:31:53 PM
REPRESENTATIVE NELSON spoke to his objection. He said he knows
farmer's markets are prevalent, especially in east Anchorage.
He recalled earlier statements about the importance of keeping
people covered for what they must do and if they have contact
with COVID. But, he continued, a warning was given of not
casting this net too wide. He stated that including an employee
of a farmer's market and an employee of a vendor who sells at a
farmer's market is too wide and he is uncomfortable with it.
9:33:04 PM
REPRESENTATIVE KAUFMAN stated he is struggling with the scope
and potential impacts of the bill, and Amendment 1 is a nuance
of a bigger picture about which he is concerned. He said HB 45
allows to whom the bill applies to be defined in the future by a
commissioner, so there is no real scope of applicability.
Getting Amendment 1 in the bill would be one thing, he
continued, but it wouldn't solve his concerns of greater
potential in the future of how this could be defined outward.
CO-CHAIR SPOHNHOLZ inquired whether Representative Kaufman is
saying Amendment 1 dramatically expands the applicability in the
bill. She said she is not reading the amendment that way.
REPRESENTATIVE KAUFMAN replied not [Amendment 1], but the
amendment doesn't address his concern.
CO-CHAIR SPOHNHOLZ offered her understanding that Representative
Kaufman has concerns with the underlying bill, not necessarily
the amendment.
REPRESENTATIVE KAUFMAN responded that the amendment doesn't go
far enough in respect to his concern.
9:34:21 PM
REPRESENTATIVE SNYDER offered her appreciation for there still
being questions and further discussions on HB 45. She said
Amendment 1 simply looks at the occupations covered, and if the
committee is interested in protecting essential workers who are
ensuring the public has access to food resources in the time of
a pandemic during a disaster declaration, then it is an easy
connection that these employees are just as important as grocery
store workers.
CO-CHAIR SPOHNHOLZ stated that unique about farmer's markets and
those who sell produce at markets are that they can only operate
during a very limited time frame. It's an attempt to ensure
Alaska's farmers have a market for their produce and Alaskans
have access to fresh produce, which Alaskans have not always
had. If this can help keep Alaska's farmer's markets open and
people working during that timeframe, it is a positive thing.
REPRESENTATIVE KAUFMAN said he loves Alaska's farmer's markets
and noted that they are held outdoors, so the inherent risk is a
bit lower for some but not all.
REPRESENTATIVE SNYDER agreed with some but not all. She pointed
out that some markets are in partially enclosed pavilions.
CO-CHAIR SPOHNHOLZ stated that the objection to Amendment 1 is
maintained.
9:36:09 PM
A roll call vote was taken. Representatives Schrage, Snyder,
Fields, and Spohnholz voted in favor of Amendment 1.
Representatives Nelson, Kaufman, and McCarty voted against it.
Therefore, Amendment 1 was adopted by a vote of 4-3.
9:36:56 PM
CO-CHAIR SPOHNHOLZ explained that final action on the bill
cannot be taken without Co-Chair Fields being [physically]
present, and therefore the committee would take up the bill
again on [3/17/21].
CO-CHAIR SPOHNHOLZ announced that HB 45 was held over.
^CONFIRMATION HEARING(S):
^Alaska Workers' Compensation Board
^Board of Chiropractic Examiners
CONFIRMATION HEARING(S):
Alaska Workers' Compensation Board
Board of Chiropractic Examiners
9:37:17 PM
CO-CHAIR SPOHNHOLZ announced that the final order of business
would be the confirmation hearings on governor's appointees to
various boards and commissions.
9:37:27 PM
CO-CHAIR SPOHNHOLZ stated that the House Labor and Commerce
Standing Committee has reviewed the qualifications of the
governor's appointees and recommends the following names be
forwarded to a joint session of the legislature for
consideration: Bronson Frye and Christina Gilbert, appointees
to the Alaska Workers Compensation Board; and Brian Larson,
appointee to the Board of Chiropractic Examiners. She reminded
the committee that [signing the reports regarding appointments
to boards and commissions] does not reflect any intent on the
part of committee members to vote for or against these
individuals; the nominations are merely forwarded to the full
legislature for confirmation or rejection. [The confirmations
of Mr. Frye, Ms. Gilbert, and Mr. Larson were considered
advanced.]
9:38:32 PM
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
9:38 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 132 v. B 3.10.21.PDF |
HL&C 3/15/2021 6:30:00 PM |
HB 132 |
| HB 45 Amendment #1.pdf |
HL&C 3/15/2021 6:30:00 PM |
HB 45 |
| HB 45 Sectional Analysis 2.24.21.pdf |
HL&C 3/5/2021 3:15:00 PM HL&C 3/15/2021 6:30:00 PM |
HB 45 |
| HB 45 Sponsor Statement 2.24.21.pdf |
HL&C 3/5/2021 3:15:00 PM HL&C 3/15/2021 6:30:00 PM |
HB 45 |
| HB 45 Version A.PDF |
HL&C 3/5/2021 3:15:00 PM HL&C 3/15/2021 6:30:00 PM |
HB 45 |
| HB 45 Presentation 3.2.21.pdf |
HL&C 3/5/2021 3:15:00 PM HL&C 3/15/2021 6:30:00 PM |
HB 45 |
| HB 45 Fiscal Note DOLWD-WC 1.22.21.pdf |
HL&C 3/5/2021 3:15:00 PM HL&C 3/15/2021 6:30:00 PM |
HB 45 |
| HB 45 - testimony received as of 3.13.21.pdf |
HL&C 3/15/2021 6:30:00 PM |
HB 45 |
| HB 45 background document- Division of Workers' Compensation- Effects of Covid 3.3.21.pdf |
HL&C 3/5/2021 3:15:00 PM HL&C 3/15/2021 6:30:00 PM |
HB 45 |
| HB 45 background document- Division of Workers' Compenstion- COVID-19 WC Year End Report Final 3.3.21.pdf |
HL&C 3/5/2021 3:15:00 PM HL&C 3/15/2021 6:30:00 PM |
HB 45 |
| HB 45 background document- NCCI- AK HB 45 Analysis 3.3.21.pdf |
HL&C 3/5/2021 3:15:00 PM HL&C 3/15/2021 6:30:00 PM |
HB 45 |
| HB 45 supporting document - research, 3.13.21.pdf |
HL&C 3/15/2021 6:30:00 PM |
HB 45 |
| HB 100 v. A.PDF |
HL&C 3/15/2021 6:30:00 PM |
HB 100 |
| HB 100 supporting document - UA presentation.pdf |
HL&C 3/15/2021 6:30:00 PM |
HB 100 |
| HB 100 letters of support, 3.13.21.pdf |
HL&C 3/15/2021 6:30:00 PM |
HB 100 |
| HB 100 supporting document - DOL AWIB Flow Chart.pdf |
HL&C 3/15/2021 6:30:00 PM |
HB 100 |
| HB 100 supporting document -TVEP Annual Report FY20.pdf |
HL&C 3/15/2021 6:30:00 PM |
HB 100 |
| HB 100 supporting document - UA Results Overview.pdf |
HL&C 3/15/2021 6:30:00 PM |
HB 100 |
| HB 100 FN - DOLWD-WIB, 3.13.21.pdf |
HL&C 3/15/2021 6:30:00 PM |
HB 100 |
| HB 100 FN - DEED, 3.13.21.pdf |
HL&C 3/15/2021 6:30:00 PM |
HB 100 |
| HB 100 FN - DOLWD-WD, 3.13.21.pdf |
HL&C 3/15/2021 6:30:00 PM |
HB 100 |
| HB 100 FN - DOLWD-UI, 3.13.21.pdf |
HL&C 3/15/2021 6:30:00 PM |
HB 100 |
| HB 132 FN DOR, 3.13.21.pdf |
HL&C 3/15/2021 6:30:00 PM |
HB 132 |
| HB 132 FN DOLWD-WH, 3.13.21.pdf |
HL&C 3/15/2021 6:30:00 PM |
HB 132 |
| HB 132 FN DOLWD-WIB, 3.13.21.pdf |
HL&C 3/15/2021 6:30:00 PM |
HB 132 |
| HB 100 presentation, 3.13.21.pdf |
HL&C 3/15/2021 6:30:00 PM SFIN 5/14/2021 1:00:00 PM |
HB 100 |
| HB 132 Sectional Analysis v. B 3.12.21.pdf |
HL&C 3/15/2021 6:30:00 PM |
HB 132 |
| HB 132 Sponsor Statement 3.12.21.pdf |
HL&C 3/15/2021 6:30:00 PM SEDC 3/11/2022 9:00:00 AM |
HB 132 |
| HB 132 PowerPoint 3.12.21.pdf |
HL&C 3/15/2021 6:30:00 PM |
HB 132 |
| HB 132 Letter of Support - ASHNA 3.11.21.pdf |
HL&C 3/15/2021 6:30:00 PM SEDC 3/11/2022 9:00:00 AM |
HB 132 |
| HB 132 Letter of Support - Matsu Borough School District 2.24.21.pdf |
HL&C 3/15/2021 6:30:00 PM SEDC 3/11/2022 9:00:00 AM |
HB 132 |
| HB 100 UA Presentation 3.15.21.pdf |
HL&C 3/15/2021 6:30:00 PM HL&C 3/17/2021 5:45:00 PM SFIN 5/3/2021 9:00:00 AM SFIN 5/14/2021 1:00:00 PM |
HB 100 |
| HB 100 Bill Presentation 3.15.21.pdf |
HL&C 3/15/2021 6:30:00 PM HL&C 3/17/2021 5:45:00 PM |
HB 100 |
| HB 100 Supporting Document - FY22 Proposed Distribution 3.15.21.pdf |
HL&C 3/15/2021 6:30:00 PM HL&C 3/17/2021 5:45:00 PM |
HB 100 |
| HB 45 responses to House Labor and Commerce committee questions 3.15.21.pdf |
HL&C 3/15/2021 6:30:00 PM |
HB 45 |