Legislature(2021 - 2022)BARNES 124
04/07/2021 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| HB85 | |
| Confirmation Hearing(s)|| Confirmation Hearing(s)|| Board of Social Work Examiners | |
| Alcoholic Beverage Control Board | |
| Alaska Labor Relations Agency | |
| Alaska State Board of Public Accountancy | |
| Alaska Workers' Compensation Board | |
| Board of Chiropractic Examiners | |
| Board of Massage Therapists | |
| Board of Nursing | |
| Board of Pharmacy | |
| Board of Veterinary Examiners | |
| Occupational Safety & Health Review Board | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 85 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
April 7, 2021
3:18 p.m.
DRAFT
MEMBERS PRESENT
Representative Zack Fields, Co-Chair
Representative Ivy Spohnholz, Co-Chair
Representative Calvin Schrage
Representative Liz Snyder (via teleconference)
Representative David Nelson
Representative James Kaufman
Representative Ken McCarty
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 85
"An Act relating to the Alaska Banking Code; relating to mutual
savings banks; relating to interstate state banks and
international banks; relating to the pledging of bank assets as
collateral security to tribal organizations; relating to the
pledging of bank assets for interest swap agreements; relating
to state business licenses; relating to persons who make loans
secured by interests in vessels or facilities; relating to
liability for the release or threatened release of hazardous
substances; relating to the Model Foreign Bank Loan Act; and
providing for an effective date."
- HEARD & HELD
CONFIRMATION HEARING(S)
Board of Social Work Examiners
Mindy Swisher - Palmer
- HEARD AND HELD
Alcoholic Beverage Control Board
John Cox - Anchor Point
- HEARD AND HELD
Alaska Labor Relations Agency
Patty Burley - Soldotna
Johnny Dewitt - Juneau
Justin Mack - Anchorage
- HEARD AND HELD
Alaska State Board of Public Accountancy
Rachel Hanke - Fairbanks
Lance Johnson - Anchorage
Donald Vieira - Palmer
- HEARD AND HELD
Alaska Workers' Compensation Board
Michael Dennis - Anchorage
Anthony Ladd - Anchorage
Jason Motyka - Anchorage
Nancy Shaw - Anchorage
Robert Weel - Anchorage
Lake Williams - Fairbanks
- HEARD AND HELD
Board of Chiropractic Examiners
Tim Kanady - Anchorage
John Loyd - Anchorage
- HEARD AND HELD
Board of Massage Therapists
Kristin Tri - Eagle River
- HEARD AND HELD
Board of Nursing
Lena Lafferty - Anchorage
Wendy Monrad - Anchorage
Michael Wilcher - North Pole
- HEARD AND HELD
Board of Pharmacy
Richard Holt - Anchorage
- HEARD AND HELD
Board of Veterinary Examiners
Dr. Denise Albert - Denali
- HEARD AND HELD
Occupational Safety & Health Review Board
John Stallone - Anchorage
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 85
SHORT TITLE: FINANCIAL INSTITUTIONS; LIABILITY
SPONSOR(s): REPRESENTATIVE(s) LEBON BY REQUEST
02/18/21 (H) READ THE FIRST TIME - REFERRALS
02/18/21 (H) L&C, FIN
04/07/21 (H) L&C AT 3:15 PM BARNES 124
WITNESS REGISTER
REPRESENTATIVE BART LEBON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, introduced HB 85.
JOSEPH BYRNES, Staff
Representative Bart LeBon
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis on HB 85
on behalf of Representative LeBon, prime sponsor.
MICHAEL MARTIN, Chief Operating Officer and General Counsel
Northrim Bank
Anchorage, Alaska
POSITION STATEMENT: Answered questions and testified in support
of HB 85.
DAVID DURHAM, Executive Vice-President and Chief Credit
Administrator
Mt. McKinley Bank
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 85.
TRACY RENO, Chief of Examinations
Division of Banking and Securities
Department of Commerce, Community, and Economic Development
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 85.
TIFFANY LARSON, Director
Division of Spill Prevention & Response
Department of Environmental Conservation
Fairbanks, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
85.
MINDY SWISHER, Appointee
Board of Social Work Examiners
Palmer, Alaska
POSITION STATEMENT: Spoke as an appointee to the Board of
Social Work Examiners.
JOHN COX, Appointee
Alcoholic Beverage Control Board
Anchor Point, Alaska
POSITION STATEMENT: Spoke as an appointee to the Alcoholic
Beverage Control Board.
PATTY BURLEY, Appointee
Alaska Labor Relations Agency
Soldotna, Alaska
POSITION STATEMENT: Spoke as an appointee to the Alaska Labor
Relations Agency.
DENNY DEWITT, Appointee
Alaska Labor Relations Agency
Juneau, Alaska
POSITION STATEMENT: Spoke as an appointee to the Alaska Labor
Relations Agency.
JUSTIN MACK, Appointee
Alaska Labor Relations Agency
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the Alaska Labor
Relations Agency.
RACHEL HANKS, Appointee
Alaska State Board of Public Accountancy
Fairbanks, Alaska
POSITION STATEMENT: Spoke as an appointee to the Alaska State
Board of Public Accountancy.
LANCE JOHNSON, Appointee
Alaska State Board of Public Accountancy
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the Alaska State
Board of Public Accountancy.
DONALD VIEIRA, Appointee
Alaska State Board of Public Accountancy
Palmer, Alaska
POSITION STATEMENT: Spoke as an appointee to the Alaska State
Board of Public Accountancy.
MICHAEL DENNIS, Appointee
Alaska Workers' Compensation Board
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the Alaska
Workers' Compensation Board.
ANTHONY LADD, Appointee
Alaska Workers' Compensation Board
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the Alaska
Workers' Compensation Board.
JASON MOTYKA, Appointee
Alaska Workers' Compensation Board
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the Alaska
Workers' Compensation Board.
NANCY SHAW, Appointee
Alaska Workers' Compensation Board
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the Alaska
Workers' Compensation Board.
ROBERT WEEL, Appointee
Alaska Workers' Compensation Board
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the Alaska
Workers' Compensation Board.
LAKE WILLIAMS, Appointee
Alaska Workers' Compensation Board
Fairbanks, Alaska
POSITION STATEMENT: Spoke as an appointee to the Alaska
Workers' Compensation Board.
DR. TIM KANADY, Appointee
Board of Chiropractic Examiners
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the Board of
Chiropractic Examiners.
JOHN LLOYD, Appointee
Board of Chiropractic Examiners
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the Board of
Chiropractic Examiners.
KRISTIN TRI, Appointee
Board of Massage Therapists
Eagle River, Alaska
POSITION STATEMENT: Spoke as an appointee to the Board of
Massage Therapists.
LENA LAFFERTY, Appointee
Board of Nursing
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the Board of
Nursing.
WENDY MONRAD, Appointee
Board of Nursing
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the Board of
Nursing.
MICHAEL WILCHER, Appointee
Board of Nursing
North Pole, Alaska
POSITION STATEMENT: Spoke as an appointee to the Board of
Nursing.
RICHARD HOLT, Appointee
Board of Pharmacy
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the Board of
Pharmacy.
DR. DENISE ALBERT, Appointee
Board of Veterinary Examiners
Denali, Alaska
POSITION STATEMENT: Spoke as an appointee to the Board of
Veterinary Examiners.
JOHN STALLONE, Appointee
Occupational Safety & Health Review Board
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the Occupational
Safety & Health Review Board.
ACTION NARRATIVE
3:18:32 PM
CO-CHAIR ZACK FIELDS called the House Labor and Commerce
Standing Committee meeting to order at 3:18 p.m.
Representatives Fields, Spohnholz, Schrage, McCarty, Nelson, and
Snyder (via teleconference) were present at the call to order.
Representative Kaufman arrived as the meeting was in progress.
HB 85-FINANCIAL INSTITUTIONS; LIABILITY
3:18:51 PM
CO-CHAIR FIELDS announced that the first order of business would
be HOUSE BILL NO. 85, "An Act relating to the Alaska Banking
Code; relating to mutual savings banks; relating to interstate
state banks and international banks; relating to the pledging of
bank assets as collateral security to tribal organizations;
relating to the pledging of bank assets for interest swap
agreements; relating to state business licenses; relating to
persons who make loans secured by interests in vessels or
facilities; relating to liability for the release or threatened
release of hazardous substances; relating to the Model Foreign
Bank Loan Act; and providing for an effective date."
3:19:18 PM
REPRESENTATIVE BART LEBON, Alaska State Legislature, explained
that during his 42-year banking career he worked for federally-
chartered and state-chartered banks. He described observing an
"unlevel playing field" between the large national banks and the
smaller state banks. His goal with HB 85, he said, is to level
the playing field and to establish parity within Alaska's
banking community. He noted that the Alaska Bankers
Association, comprising all seven banks in Alaska, supports the
proposed legislation.
3:20:57 PM
JOSEPH BYRNES, Staff, Representative Bart LeBon, presented the
sectional analysis on behalf of Representative LeBon, prime
sponsor, which read as follows [original punctuation provided]:
Sec. 1. AS 06.05.005(a)
Conforming language to changes made under Section 10
to provide Alaska chartered banks parity with credit
unions when establishing a bank branch.
Sec. 2. AS 06.05.005
Prohibits the Department from placing a regulatory
limitation on a credit card that a state bank issues
to an officer of a state bank, the statutory authority
for which is amended in Section 5 and the regulation
(3 AAC 02.121) annulled in Section 24. Prohibits the
Department from adopting regulations relating to the
setting of time limits on the disposal of real and
personal property, the statutory authority for which
is amended in Section 6 and the regulation (3 AAC
02.135) annulled in Section 24.
Sec. 3. AS 06.05.050
Publication of reports: Adds the option for posting
notices of publication of bank reports on a bank's
internet website vs. physical posting in the bank
lobby.
Sec. 4. AS 06.05.166(c)
Defines the timeframe not later than 15 days for
which a bank must notify the Department after an
emergency nonopening or closing of the bank.
Sec. 5. AS 06.05.210(a)
Increases the amount a director or executive officer
of a state bank may borrow to $500,000 (from $100K or
$250K for a primary residence).
Sec. 6. AS 06.05.245
Disposition of property not needed in the conduct of a
banking business: Removes the Department's authority
to set a time limit on the disposal of real and
personal property. Instead, the carrying value and
write-down will be dictated by Generally Accepted
Accounting Principles (GAAP).
Sec. 7. AS 06.05.260
Allows a state bank to pledge bank assets as
collateral security to secure funds deposited by
consortiums of federally recognized tribes.
Sec. 8. AS 06.05.260
Adds a new subsection to replace the Division of
Banking's Parity Orders 12-B (3- 6) regarding the
pledging of assets for interest rate swaps. Adds a new
subsection to define: ? "federally recognized tribe"
as an Indian tribe under the Federally Recognized
Indian Tribe List Act of 1994; and ? "interest rate
swap agreement" as a stream of future interest
payments that are exchanged for another stream of
future interest payments.
Sec. 9. AS 06.05.355(a)
Requires all banks to become a member of the FDIC as a
condition for receiving a Certificate of Authority;
Intended to maintain trust and level the playing field
for the banking industry.
3:25:49 PM
CO-CHAIR FIELDS commented that the change detailed in Section 9
would be positive for consumers.
REPRESENTATIVE LEBON agreed, and noted that every depositor
wants Federal Deposit Insurance Corporation (FDIC) insurance.
He said that this section would formalize the requirement for
what is currently standard practice.
3:26:22 PM
CO-CHAIR SPOHNHOLZ, referring to Section 6, said that she
doesn't see anything specific that references using GAAP.
REPRESENTATIVE LEBON explained the concept of "write-down" using
the example of a bank foreclosing on a piece of property. The
bank would hold it as "other real estate owned" and assign a
value to the asset. The current statute specifies that the
write-down practice decreases the value of the asset by 20
percent per year for five years, until the calculated value of
the asset reaches zero, regardless of what it's actual value
might be. He noted that this practice is required whether or
not the actual value of the asset increases. Section 6, he
said, would allow valuation of the asset according to GAAP, with
the holding period reflecting the value of the asset.
CO-CHAIR SPOHNHOLZ asked him to clarify what requires a bank to
adhere to GAAP.
REPRESENTATIVE LEBON said that GAAP defines the accepted
accounting principles and provides a standard basis for
valuation of an asset.
3:28:22 PM
MR. BYRNES resumed his presentation of the sectional analysis,
which read as follows [original punctuation provided]:
Sec. 10. AS 06.05.399
Changes of location; branch banks. Provides Alaska
chartered banks parity with credit unions when
establishing a bank branch. Banks are currently
subject to stricter bank branch application
requirements under 3 AAC 02.215. The Division would
establish in regulations similar requirements of
credit unions as in 3 AAC 03.260. [Same as section 19
for Mutual Banks]
Sec. 11. AS 06.05.438(a)
Reduces the number of required meetings of a bank's
board from 10 to 4 per calendar year.
Sec. 12. AS 06.05.555(a)
Conforming language to changes made under Section 10
to provide Alaska chartered banks parity with credit
unions when establishing a bank branch.
Sec. 13. AS 06.05.990(4)
Removes "remote service unit" (ATM, etc.) from the
definition of "branch bank" and defines "remote
service unit" directly under this section.
Sec. 14. AS 06.15.180
Allowing mutual banks to have similar borrowing
options as state banks.
Sec. 15. AS 06.15.190
Expands the deposits that mutual banks can accept.
Sec. 16. AS 06.15.220
Allows trustees to delegate their authority to approve
interest on deposits.
Sec. 17. AS 06.15.240
Provides mutual banks with the same investment
opportunities as state banks under AS 06.05.270.
3:31:27 PM
CO-CHAIR FIELDS asked Mr. Byrnes to explain the difference
between a mutual bank and another type of bank.
REPRESENTATIVE LEBON explained that a mutual bank is a non-stock
institution. He compared Denali State Bank, a stock-owned
institution, with Mt. McKinley Bank, a mutual institution. He
said that the depositors at Mt. McKinley Bank are the "owners"
of the bank, whereas at Denali State Bank the owners are
traditional shareholders.
CO-CHAIR FIELDS asked whether it would fair to say that, under
HB 85, the consumer protections would be the same regardless of
ownership structure.
REPRESENTATIVE LEBON replied, "Yes, absolutely."
3:32:17 PM
MR. BYRNES resumed his presentation of the sectional analysis,
which read as follows [original punctuation provided]:
Sec. 18. AS 06.15.250
Providing mutual banks with the same lending
opportunities as state banks.
Sec. 19. AS 06.15.290
Changes of location; branch banks. Provides mutual
banks parity with state banks and credit unions when
establishing a bank branch. Alaska chartered banks are
currently subject to stricter bank branch application
requirements under 3 AAC 02.215. The Division would
establish in regulations similar requirements of
credit unions as in 3 AAC 03.260. [Same as section 10
for state banks]
Sec. 20. AS 43.70.105(a)
Exempts depository institutions (banks and credit
unions) from the requirement to obtain business
licenses for all headquarter and branch locations.
Currently, state-chartered institutions receive a
Certificate of Authority through the Division of
Banking and Securities. Until each institution
receives this certificate, they may not transact
business. This change would eliminate duplicate
licensing, thus reducing regulatory burden.
Sec. 21. AS 46.03.822(a)
Adds reference to the new language in section 22.
Sec. 22. AS 46.03.822
Conforms state law to the Comprehensive, Environmental
Response, Compensation, and Liability Act (CERCLA)
standard for lender liability. CERCLA Section 101(20)
contains a secured creditor exemption that eliminates
owner or operator liability for lenders who hold
ownership in a CERCLA facility primarily to protect
their security interest in that facility, provided
they do not "participate in the management of the
facility." Generally, participation in the management
applies if a bank exercises decision-making control
over a property's environmental compliance, or
exercises control at a level similar to a manager of
the facility or property. Participation in management
does not include actions such as conducting property
inspections, requiring a response action to address
contamination, providing financial advice or
renegotiating or restructuring the terms of the
security interest. The secured creditor exemption also
provides that foreclosure on a property does not
result in liability for a bank, provided the bank
takes "reasonable steps" to divest itself of the
property "at the earliest practicable, commercially
reasonable time, on commercially reasonable terms."
Generally, a bank can maintain business activities and
close down operations at a property as long as the
property is listed for sale shortly after the
foreclosure date or at the earliest practicable,
commercially reasonable time.
3:34:59 PM
CO-CHAIR FIELDS asked for some examples of CERCLA properties.
REPRESENTATIVE LEBON responded that both federally-chartered and
state-chartered banks must align with the environmental laws
under which banks must operate. He explained that it's very
rare for a bank to engage in the operation of a business on
which it foreclosed. For example, he said, if a bank foreclosed
on a gas station, the bank would not then continue operation of
the gas station, taking on the associated management and
environmental risk.
CO-CHAIR FIELDS clarified his original question by asking, "What
are some other properties that might not be controlled by a
bank, but which could potentially be foreclosed on, would be
affected by this section?"
REPRESENTATIVE LEBON responded that any property that a bank
acquires through a foreclosure action must be evaluated for
environmental risk. A gas station, dry cleaners, or even a
residential property is evaluated, he said, and a bank practices
due diligence by conducting, for example, a soil test to
determine any possible environmental contamination. He said
that once a property is owned by a bank, the bank has an
obligation to know of any associated environmental risk, because
the bank will eventually sell the property to a new owner.
3:37:24 PM
MR. BYRNES resumed his presentation of the sectional analysis,
which read as follows [original punctuation provided]:
Sec. 23. Repealed Sections
? Repeals AS 06.05.265 Liability of directors for
certain loans. Overbroad and unnecessary.
? Repeals AS 06.10.010-050 Model Foreign Bank Loan
Act. The Act exempts out-of-state banks from Alaska
taxation for certain business types and became
obsolete in 1984 due to other tax measures. The Act is
an unnecessary administrative burden.
? Repeals AS 06.15.150, 160 & 170 Surplus
requirements, additions and limitations. Repealing
these statutes would provide parity and allow a mutual
savings bank to follow AS 06.05.305 for capital
requirements.
? Repeals AS 06.15.230 Withdrawal of Deposits:
Language no longer relevant after deregulation of
Thrifts and Savings and Loans.
Sec. 24. Annulled Regulations
? Annuls 3 AAC 02.121 Credit cards for officers:
Removes the regulation limiting uncollateralized
credit card balances up to $10,000 for an officer of a
state bank. See Sections 2 and 5.
? Annuls 3 AAC 02.135 Disposition of property not
needed for banking business. The carrying value and
write-down of property will instead be dictated by
Generally Accepted Accounting Principles (GAAP). See
Sections 2 and 6.
Sec. 25. Applicability
Uncodified law for sections 3, 4, 6, 9, 10, 12, 16,
18, and 19.
Cites definition locations for "branch bank",
"department", "international bank", "interstate state
bank", "mutual bank" and "state bank".
Sec. 26. Transition
Provides a transition period relating to sections 1,
10, 12, and 19; provides the Department time to
promulgate regulations for changes of bank locations
and establishing branch banks.
Sec. 27. Delayed Effective Date
Sets a delayed effective date for sections 1, 10, 12,
and 19 to provide the Department time to promulgate
regulations for changes of bank locations and
establishing branch banks.
Sec. 28. Immediate Effective Date
Sets an immediate effective date for all sections
except for sections 1, 10, 12, and 19, relating to
changes of bank locations and establishing branch
banks.
3:39:46 PM
CO-CHAIR FIELDS broached a discussion about the best regulatory
structure for environmental hazards, noting that the preference
would be the maximum remediation economically possible, while
not making any remediation laws that could inhibit development.
REPRESENTATIVE LEBON noted that Mr. Martin would be able to give
insight into that issue.
3:40:40 PM
MICHAEL MARTIN, Chief Operating Officer (COO) and General
Counsel, Northrim Bank, informed the committee that he is also
the president of the Alaska Bankers Association. He said that
Northrim Bank is a state-chartered bank serving the banking
needs of approximately 90 percent of Alaska's population. The
Alaska Bankers Association, he said, represents the seven banks
operating in Alaska: state-chartered Denali State Bank, Mr.
McKinley Bank, 1st Bank of Ketchikan, and Northrim Bank, as well
as KeyBank, Wells Fargo, and First National Bank Alaska, which
are the national banks chartered by the Office of the
Comptroller of the Currency. He described members of the Alaska
Bankers Association as job creators that build Alaska's economy
through credit to businesses and families, noting that the banks
lent over $1.4 billion in federal paycheck protection program
(PPP) money. He stated that all seven banks in Alaska support
HB 85, and that the Alaska Bankers Association, along with the
four state-chartered banks, have submitted letters of support,
which are included in the committee packet.
MR. MARTIN said that the Alaska Bankers Association has worked
in concert with the Division of Banking and Securities at the
Department of Commerce, Community, and Economic Development
(DCCED) on the proposed legislation, which, he said, would
provide meaningful updates to the banking code. He said that HB
85 is essential to: better serve bank customers in Alaska;
expand banking products and services throughout the state; keep
state-chartered banks competitive with other finance
organizations; create parity in the laws and regulations under
which banking institutions must operate; keep pace with
technological advances in banking; enable efficiency of
operations; ensure safety and soundness of banks; and protect
businesses and consumers in Alaska.
3:44:58 PM
DAVID DURHAM, Executive Vice-President and Chief Credit
Administrator, Mt. McKinley Bank, noted that he is also the
secretary-treasurer of the Alaska Bankers Association. He said
that Mt. McKinley Bank is a mutual bank owned by its depositors,
which gives it special focus on the community in the Fairbanks
North Star Borough. He said that profits are held by the bank
to benefit depositors through lower deposit rates and loan
interest rates. He stated Mt. McKinley Bank's "strong support"
for HB 85, especially the sections pertaining to mutual banks.
He said that since banking regulations in Alaska have not been
updated in some time, the deregulation of national banks by the
OCC have granted those banks increasingly broad powers which
have served to hinder the ability of state-chartered banks to
serve their customers. He offered the belief that HB 85 would
allow Mt. McKinley Bank to remain competitive and would
establish parity with the other banks.
MR. DURHAM explained CERCLA regulations by recalling when Mt.
McKinley Bank was preparing to foreclose on a gas station in
Delta Junction, and the bank was advised by its attorneys to not
touch the title due to environmental actions on the property.
He said the property had gone through remediation but, acting on
legal advice, the bank chose to not foreclose on the property,
instead finding someone to bid on the property at auction and
take title, thereby causing a substantial loss to the bank. He
said, "We had always been under the impression that the federal
law would speak if state law was silent." That was not the
case, he said, so the proposed legislation would seek to have
CERCLA protections for those who make investments in Alaskan
communities.
3:48:45 PM
TRACY RENO, Chief of Examinations, Division of Banking and
Securities, Department of Commerce, Community, and Economic
Development, said that the Division of Banking and Securities
serves as the primary regulator of the four state-chartered
banks in Alaska, which follow the now-outdated Alaska banking
statutes. The federally-chartered banks, she said, have the
advantage of the broader powers from updated federal laws,
thereby creating disparity between the two banking systems. She
noted the collaborative effort between the Alaska Bankers
Association and the Division of Banking and Securities to bridge
the gap between state and federal banking laws. She said, "HB
85 modernizes and streamlines Alaska's banking law to bring
parity between the state and national banks and level the
playing field." She said the proposed legislation would help
state banks be competitive with modern best practices and the
evolution of financial services. She said that while the
administration has not yet taken a position on the proposed
legislation, the provisions align with the governor's priorities
by reducing the regulatory burden and modernizing Alaska laws.
She said that the administration is planning to support HB 85
after incorporation of the proposed changes regarding the
concerns of the Department of Environmental Conservation (DEC).
3:50:25 PM
REPRESENTATIVE SNYDER asked Representative LeBon for further
explanation of the national guidelines and how HB 85 would help
achieve parity.
REPRESENTATIVE LEBON invited one of the invited experts to
participate in the response.
3:51:54 PM
MR. MARTIN, in addressing Representative Snyder's question,
referred to Representative LeBon's earlier reference to the
category of "other real estate owned (OREO)," which is added to
a bank's balance sheet when there is a foreclosure and a general
obligation to sell the property. He said that current statute
requires mutual banks to practice a layered write-down of the
asset which, he supposed, was originally intended to ensure that
banks don't hold assets. The provision is not required of
national or state banks, he said, which follow GAAP in asset
valuation.
3:53:40 PM
REPRESENTATIVE SNYDER clarified that she would like a summary of
"these specific things that we're finding parity with." She
asked whether Sections 21 and 22 are necessarily limited to
CERCLA, otherwise known as Superfund, or whether those sections
could apply to other environmentally-contaminated sites not
designated as Superfund sites.
REPRESENTATIVE LEBON deferred to one of the invited testifiers.
3:54:56 PM
MR. DURHAM explained that the site would not have to be
designated Superfund, it could simply be a property that has
undergone a state environment action. He said that the
provisions under HB 85 would allow banks to market the
properties in question without assuming the obligation and
liability for environmental remediation.
3:55:32 PM
MR. MARTIN interjected with the comment that there is a general
misunderstanding of how the current statutes work. When a
borrower provides a piece of real estate as collateral, he said,
the bank does an environmental assessment of the property to
verify the value of the collateral, which could be impacted by
environmental damage. The general premise under HB 85 is that
if a financial institution is taking a piece of real estate as
collateral for a loan, there would be no liability unless the
bank engages in operation of the business. The general notion,
he said, is that everyone on the chain of title is responsible
for cleanup of a contaminated property. It's possible for a
property to be either devalued or, if the cost of remediation is
greater than what the property could be sold for, to have no
monetary value.
3:58:01 PM
CO-CHAIR SPOHNHOLZ asked Ms. Reno what areas the Division of
Banking and Securities is working on with the sponsor of HB 85.
MS. RENO clarified that the division is satisfied with the
language of the proposed legislation and is not working with the
sponsor. She said that in her earlier reference to Sections 21
and 22 she intended to convey that the sponsor is working on
language with the Alaska Bankers Association.
3:59:04 PM
CO-CHAIR SPOHNHOLZ asked Ms. Larson for information on the issue
on which DEC is working with the sponsor.
3:59:12 PM
TIFFANY LARSON, Director, Division of Spill Prevention &
Response, Department of Environmental Conservation, said that
the Alaska Bankers Association wants to include CERCLA language
in the proposed legislation. She expressed appreciation for the
Alaska Bankers Association's openness about DEC's concerns
regarding how HB 85 and CERCLA would work together.
CO-CHAIR FIELDS asked for an estimated timeframe for arriving at
a consensus.
REPRESENTATIVE LEBON said that he doesn't have a timeframe.
4:00:27 PM
CO-CHAIR FIELDS thanked the sponsor and testifiers.
[HB 85 was held over.]
^CONFIRMATION HEARING(S)
^CONFIRMATION HEARING(S)
^Board of Social Work Examiners
Board of Social Work Examiners
4:00:52 PM
CO-CHAIR FIELDS announced that the next order of business would
be consideration of the governor's appointees to the Board of
Social Work Examiners.
4:01:20 PM
MINDY SWISHER, Appointee, Board of Social Work Examiners, said
that she is a clinical social worker with the Office of
Children's Services and has been sitting on the board for the
past two years. She said that she enjoys serving Alaska as a
board member, and that it's vital to protect the public by
ensuring public protection and making sure social workers follow
rules and regulations.
4:01:48 PM
CO-CHAIR SPOHNHOLZ pointed out that Ms. Swisher is also a member
of the Resource Families Advisory Board and asked whether she is
a foster parent.
MS. SWISHER replied that she is not a foster parent but did
serve on that board for two years.
^Alcoholic Beverage Control Board
Alcoholic Beverage Control Board
4:02:13 PM
CO-CHAIR FIELDS announced that the next order of business would
be consideration of the governor's appointee to the Alcoholic
Beverage Control Board.
4:02:29 PM
CO-CHAIR FIELDS noted that Mr. Cox already made his statement
and asked how he sees his role as the public member on the
board.
JOHN COX, Appointee, Alcoholic Beverage Control Board, said that
he sees his role as providing safety for the citizens of Alaska
and to protect the state from lawsuits.
CO-CHAIR FIELDS asked Mr. Cox what experience he has had working
with Title 4 and the Alcohol & Marijuana Control Office.
MR. COX responded that he served as the commanding officer for
the Veterans of Foreign Wars (VFW) in Anchor Point, managing the
facility's alcohol sales and daily operation.
4:03:37 PM
CO-CHAIR SPOHNHOLZ said that while Mr. Cox said that he wanted
to protect the state from lawsuits, the Alcoholic Beverage
Control (ABC) Board's function is defined as "controlling the
manufacture, barter, possession, and sale of alcohol beverages"
in the state. She asked how he sees himself as protecting the
state from lawsuits.
MR. COX said that one of the issues he's found that needs to be
addressed is the resale of a license. He referred to AS
04.11.660, and said that it states that a license issued under
Title 4 is a privilege, not a property right. He said that if a
business no longer wishes to participate in alcoholic beverage
sales, then the license should be returned back to the state; he
expressed that this would protect the state and discourage
"monopolizing" the licenses.
CO-CHAIR SPOHNHOLZ asked whether he is aware of any lawsuits
being filed against the State of Alaska or the ABC Board.
MR. COX replied that he isn't aware of any such lawsuit, and
that the board will be addressing "those issues" at the next
meeting. He said, "There are people out there that'll file
lawsuits at the drop of a hat, and we want to try and head it
off before it gets out of control."
4:05:49 PM
REPRESENTATIVE MCCARTY said that he's talked to several
restaurants and bars in his district and learned that selling
wine and beer is different from selling liquor. He asked Mr.
Cox whether he's referring to the full liquor license.
MR. COX replied, "Yes."
REPRESENTATIVE MCCARTY asked whether the concern is that someone
would file a lawsuit against the state "because it's not fair."
MR. COX shared his perception that Title 4 has language
specifically addressing preventing monopolies, and that
currently the state is allowing "that procedure to happen."
4:08:27 PM
CO-CHAIR FIELDS noted that Mr. Cox owned a tobacco shop and
asked him what steps he took to prevent sales to minors, and how
it informs his view on preventing the sale of alcohol to minors.
MR. COX said that he no longer owns that business and noted that
there are guidelines to be followed. He said, "At times, an
employee can make a mistake, and it can be pretty harsh on the
owner of the business. There were a couple times where I had a
student, a minor, come in, and my employee accidentally made a
mistake and sold tobacco to them." He said that he believes the
employee, rather than the owner, should be fined in such a case.
CO-CHAIR FIELDS asked Mr. Cox whether he is still on the board
of the VFW.
MR. COX replied that he resigned when he was approached to be on
the ABC board.
CO-CHAIR FIELDS asked Mr. Cox whether he believes alcohol
licenses should be treated differently than limited entry
fishing permits.
MR. COX replied that the board is considering allowing charter
boats to purchase liquor licenses for onboard sales.
4:11:09 PM
CO-CHAIR SPOHNHOLZ recalled Mr. Cox's earlier testimony during
which he described having a problem with the after-market sale
of liquor licenses, and she had asked whether he had any
solution to the problem.
MR. COX opined that allowing businesses to purchase a liquor
license and then sell it was a mistake in the first place. He
proposed that when a business buys a liquor license from the
state, it is then allowed to sell it to another business, but
when the other business has purchased it, the understanding is
that the business will no longer be able to sell it, but that
the license would return to the state. The state would then
hold a lottery for the license.
CO-CHAIR SPOHNHOLZ asked Mr. Cox whether it's his opinion that
the people who invested in the liquor license would have to "eat
it."
MR. COX said no, it is his opinion that the business who
purchases the license should be able to sell it, but then new
owners of the license should be required to return the license
back to the state.
CO-CHAIR SPOHNHOLZ agreed that the issue of after-market liquor
license sales has been contentious. She then asked Mr. Cox
whether he's comfortable with maintaining the limited entry
system for alcoholic beverage licenses.
MR. COX said, "I am right now, yes."
4:14:46 PM
REPRESENTATIVE KAUFMAN expressed interest in the topic and said
he started imagining a world in which there was a finite amount
of driver's licenses, each with a cash value.
MR. COX responded that on the Kenai Peninsula there are
currently only 11 allotted package store licenses, while there
are 17 licenses "out there." He added, "So that'll help correct
that problem that ... the state currently has."
4:16:20 PM
REPRESENTATIVE SCHRAGE commented that if there was to be a
condition put on a license, such as the ability to sell it once
but then require its return to the state, the value of the
license would be greatly diminished. He said that there would
be a party harmed either way, and requiring that the state buy
the license back would be the only way to mitigate damages.
^Alaska Labor Relations Agency
Alaska Labor Relations Agency
4:17:06 PM
CO-CHAIR FIELDS announced that the next order of business would
be consideration of the governor's appointees to the Alaska
Labor Relations Agency.
4:17:16 PM
PATTY BURLEY, Appointee, Alaska Labor Relations Agency, said
that she is from Bethel and is hoping to bring a bush
perspective to the board.
4:17:54 PM
CO-CHAIR SPOHNHOLZ asked Ms. Burley whether she would be holding
the seat for management, labor, or general public.
Ms. BURLEY answered, "Management."
4:18:09 PM
DENNY DEWITT, Appointee, Alaska Labor Relations Agency, said
that he has worked in government his entire career and specified
that at the Department of Administration he worked in labor
relations activities. He said that his background prepared him
well for this agency.
4:19:22 PM
CO-CHAIR FIELDS asked Mr. Dewitt which category of seat he would
be holding.
MR. DEWITT answered, "Public."
4:19:39 PM
CO-CHAIR SPOHNHOLZ asked Mr. Dewitt what he hopes to do on the
board.
MR. DEWITT said that he hopes to be a good arbiter for those who
have differing opinions on the issues.
4:20:28 PM
JUSTIN MACK, Appointee, Alaska Labor Relations Agency, said that
he has been the captain of the Anchorage Fire Department and is
currently the executive board member of the Anchorage
Firefighters Union and vice president of Alaska Professional
Fire Fighters Association. He said that he has seen the
importance of finding common ground between employees and
employers, and that he was on the Workers' Compensation Board
for the past three years.
^Alaska State Board of Public Accountancy
Alaska State Board of Public Accountancy
4:21:26 PM
CO-CHAIR FIELDS announced that the next order of business would
be consideration of the governor's appointees to the Alaska
State Board of Public Accountancy.
4:21:38 PM
RACHEL HANKS, Appointee, Alaska State Board of Public
Accountancy, said that she has served on several nonprofit
boards and has been a public accountant for almost 20 years, and
worked as an agent with the Internal Revenue Service (IRS) for
10 years. She said that she has had her license for only two
years, which means she's current on regulations surrounding
licensure. She said that she's especially interested in working
with the peer review expansion which is currently under board
discussion.
4:22:39 PM
LANCE JOHNSON, Appointee, Alaska State Board of Public
Accountancy, said that he currently works at United Services
Automobile Association (USAA) as a writ management professional
and is a remote employee based in Alaska. He said that he has
been an independent consultant, worked in internal audit in risk
management, and holds several professional designations. He
said that he wants to serve on the board because he has relied
on the work of public accountants over the years and has an
interest in ensuring the integrity of the work they do.
4:24:44 PM
REPRESENTATIVE NELSON asked Mr. Johnson about his remote work.
MR. JOHNSON said that his role with the Institute of Internal
Auditors is in a volunteer capacity.
4:25:41 PM
CO-CHAIR SPOHNHOLZ asked Mr. Johnson whether he resides in
Alaska.
MR. JOHNSON replied that he lives in Anchorage.
4:26:40 PM
DONALD VIEIRA, Appointee, Alaska State Board of Public
Accountancy, said that he has served for one year on the board
and was in the process of being confirmed when COVID-19
necessitated putting the process on hold. He described his work
on the board as covering new applications and said that his
experience is building rapidly. He said that he has been a CPA
for several years and worked as an auditor before opening his
own firm.
4:27:49 PM
REPRESENTATIVE NELSON noted Mr. Vieira's service in the U.S. Air
Force, and asked if he moved to Alaska with the military.
MR. VIEIRA responded that he moved to Fairbanks with the
military in 1989 and spent three years there, and returned to
Alaska in 2001.
REPRESENTATIVE NELSON asked whether Mr. Vieira moved back to
Alaska on his own.
MR. VIEIRA replied yes.
^Alaska Workers' Compensation Board
Alaska Workers' Compensation Board
4:28:58 PM
CO-CHAIR FIELDS announced that the next order of business would
be consideration of the governor's appointees to the Alaska
Workers' Compensation Board.
4:29:08 PM
MICHAEL DENNIS, Appointee, Alaska Workers' Compensation Board,
informed the committee that he is an insurance broker and
partner in a health insurance company in Anchorage. He said
that he specializes in workers' compensation and stated that he
would like to be on the board in order to bring real life
experience.
4:29:40 PM
CO-CHAIR SPOHNHOLZ asked whether he would be going into an
industry or labor seat.
MR. DENNIS answered that he believes it's an industry seat.
4:30:03 PM
ANTHONY LADD, Appointee, Alaska Workers' Compensation Board,
said that he is the business manager for the (indisc.) Local 51
and sits on the Alaska Workforce Investment Board as the chair
for the assessment and evaluation committee. He said he's
observed two Alaska Workers' Compensation Board meetings since
being appointed to the board. He stated his understanding that
the Alaska Workers' Compensation Board is a "working board."
4:30:50 PM
JASON MOTYKA, Appointee, Alaska Workers' Compensation Board,
said that he has a business administration degree and started a
business in Denali National Park. He now has multiple
companies, he said, with the most well-known being the 49th
State Brewing Company, which had over 500 employees before the
COVID-19 pandemic. He said he has experience with how insurance
regulations filter down to the business owners, and that he has
represented his own employees going through the process of
workers' compensation. He said that a lot of work can be done
to lower the cost of workers' compensation insurance for
employers, as well as provide needed benefits for employees.
4:32:21 PM
NANCY SHAW, Appointee, Alaska Workers' Compensation Board,
informed the committee that she was initially appointed to the
Alaska Workers' Compensation Board in 2017 to finish the term of
a board member who resigned. This would be her first three-year
term, she said. She told the committee that she was the
attorney for the Teamsters Union for 15 years, until 2016, and
noted that the union doesn't represent workers in workers'
compensation cases. She said that her work with the union
consisted of workers' safety protocol, rule compliance, and
designing methods to prevent worker injury. She said that the
work done on the Workers' Compensation Board is very familiar to
her.
4:34:17 PM
ROBERT WEEL, Appointee, Alaska Workers' Compensation Board, said
that he served as a member at-large on the industry side of the
Alaska Workers' Compensation Board and was accepted onto the
board during the Murkowski Administration. He said that he
tries to keep his focus on both employee and employers as it
pertains to injury cases, and stated that he feels good about
the work he has done thus far on the board.
4:35:27 PM
LAKE WILLIAMS, Appointee, Alaska Workers' Compensation Board,
said that he has a degree in business administration and
completed an apprenticeship as an operating engineer in 1996.
He said that he has been on the Alaska Workers' Compensation
Board since 2014, and said that the board has a lot of meaning
to workers and employees.
^Board of Chiropractic Examiners
Board of Chiropractic Examiners
4:37:14 PM
CO-CHAIR FIELDS announced that the next order of business would
be consideration of the governor's appointees to the Board of
Chiropractic Examiners.
4:37:24 PM
DR. TIM KANADY, Appointee, Board of Chiropractic Examiners, said
that he has been a chiropractor for 38 years and has served in
various positions in the chiropractic society, as well as on
various state and government panels. He said that he sees his
role on the Board of Chiropractic Examiners as serving and
protecting the people of Alaska.
4:38:49 PM
JOHN LLOYD, Appointee, Board of Chiropractic Examiners, said
that he has been a chiropractor for 22 years and wants to be on
the board to advance chiropractic practice throughout the state.
He discussed the importance of keeping options open while being
cognizant of public safety, noting that almost every
chiropractor in the state has completed COVID-19 protocols. He
discussed using chiropractic medicine to help people with
addiction problems, thereby saving money in insurance
reimbursements.
^Board of Massage Therapists
Board of Massage Therapists
4:40:30 PM
CO-CHAIR FIELDS announced that the next order of business would
be consideration of the governor's appointees to the Board of
Massage Therapists.
4:40:38 PM
KRISTIN TRI, Appointee, Board of Massage Therapists, said that
she has been a massage therapist since 2015 and was appointed to
the Board of Massage Therapists as the COVID-19 pandemic began.
She said that she enjoys contributing on the board, as well as
helping new massage therapists work "at a more legitimate and
professional level."
^Board of Nursing
Board of Nursing
4:41:21 PM
LENA LAFFERTY, Appointee, Board of Nursing, said that she was
initially appointed to the Board of Nursing in 2019 and has come
to know the current board members. She stated that the board
has made "great strides" in adapting nursing regulations to the
COVID-19 pandemic while ensuring safe nursing practice in
Alaska. She informed the committee that she is a registered
nurse (RN) with Providence Alaska, and has been a nurse for six
years after serving as a hospital corpsman in the U.S. Navy.
She stated that she is fully committed to the mission of the
Board of Nursing, and that she will actively promote and protect
the health of the citizens of Alaska through the safe and
effective practice of nursing.
4:42:50 PM
WENDY MONRAD, Appointee, Board of Nursing, said that she was
appointed to the Board of Nursing in 2019 to finish the term of
another board member and was reappointed in 2020. She said she
has been a certified registered nurse anesthetist (CRNA) for 21
years, an RN for 30 years, and is currently employed with the
Alaska Native Medical Center. She said that she moved to Alaska
with the U.S. Air Force in 2002 and has served her professional
organization at the state and national levels, and has served as
the chief CRNA for the past 10 years. She said that, upon
confirmation to the board, she will continue to advocate for the
people of Alaska.
4:44:26 PM
CO-CHAIR SPOHNHOLZ asked Ms. Monrad about the most interesting
thing she's worked on since being on the board.
MS. MONRAD discussed the emergency regulations needed to respond
to COVID-19 such as telehealth.
CO-CHAIR SPOHNHOLZ asked what was interesting about telehealth.
MS. MONRAD answered that telehealth is not a new practice, but
it really came to the forefront during the pandemic and is now
being used more widely. She said that she, personally,
experienced telehealth care through the Veterans Health
Administration and said that it was so easy and efficient that
it inspired her to work towards appropriate regulation.
4:46:12 PM
REPRESENTATIVE SCHRAGE asked Ms. Monrad whether she believes
Centers for Disease Control and Prevention (CDC) guidelines
should be followed, especially as they relate to COVID-19.
MS. MONRAD replied, "Absolutely. I think the CDC guidelines are
important." She said that COVID-19 has created so many
questions, but CDC guidelines have always been the standard for
medical and nursing practice.
REPRESENTATIVE SCHRAGE asked Ms. Monrad whether she has an
opinion on whether hydroxychloroquine is an effective treatment
for COVID-19.
MS. MONRAD said that she does anesthesia for a living, so she
doesn't have an opinion on hydroxychloroquine, and that it
hasn't been discussed during meetings of the Board of Nursing.
REPRESENTATIVE SCHRAGE pointed out that he's been alerted to
social media attributed to Ms. Monrad promoting using
hydroxychloroquine.
MS. MONRAD said that she believes it was "some time ago" and
said, "In medicine there are differing opinions about what works
and what doesn't work, and what's true science and what's not,
and there's a lot of turmoil in the medical community." She
said that it's important to recognize that CDC has always been a
leader in the practice of medicine.
REPRESENTATIVE SCHRAGE stated his appreciation for her alignment
with the CDC.
4:48:41 PM
MICHAEL WILCHER, Appointee, Board of Nursing, informed the
committee that he's been a nurse for almost 26 years, working in
departments ranging from psychiatry to orthopedics to urgent
care, and currently works for the U.S. Department of Veterans
Affairs (VA) at the clinic in Fairbanks. He expressed
appreciation for Ms. Monrad's comments about telehealth and said
that the VA works hard to make telehealth work efficiently. He
said that he offers the board his experience in different
aspects of nursing, and he noted that nurses have expressed
frustration in finding the needed information on rules and
regulations, noting that even his nurse manager has difficulty
finding information such as the scope of practice for nurses
that work under her. He said that he understands that nurses
need to be held accountable for not following regulations and
that he would be able to consider any necessary disciplinary
actions.
4:51:28 PM
CO-CHAIR SPOHNHOLZ asked Mr. Wilcher whether he is comfortable
adhering to CDC guidelines.
MR. WILCHER replied, "Absolutely."
4:51:54 PM
CO-CHAIR FIELDS said that Mr. Wilcher's social media posts
expressed concern about losing constitutional rights and that he
was not worried about COVID-19. Co-Chair Fields said that he
remains concerned about the content of Mr. Wilcher's social
media posts questioning the science of COVID-19 but appreciates
his commitment to simply follow CDC guidance in his role on the
Board of Nursing.
MR. WILCHER said that he follows CDC guidelines at work every
day, and that his personal opinion has no impact on his job.
4:53:05 PM
REPRESENTATIVE NELSON asked for a copy of the social media
posts.
^Board of Pharmacy
Board of Pharmacy
4:53:28 PM
CO-CHAIR FIELDS announced that the next order of business would
be consideration of the governor's appointees to the Board of
Pharmacy.
4:53:35 PM
RICHARD HOLT, Appointee, Board of Pharmacy, said that he has
been a licensed pharmacist for over 20 years and was initially
confirmed to the Board of Pharmacy in 2016. He said that while
on the board he participated in legislative testimony, wrote
questions for the multistate jurisprudence exam for pharmacists
wishing to become licensed in Alaska, presented continuing
education to licensees on behalf of the board, and was active in
drafting regulation topics for board review. He said that there
are many areas in which he could contribute while serving on the
board.
^Board of Veterinary Examiners
Board of Veterinary Examiners
4:55:15 PM
CO-CHAIR FIELDS announced that the next order of business would
be consideration of the governor's appointees to the Board of
Veterinary Examiners.
4:55:24 PM
DR. DENISE ALBERT, Appointee, Board of Veterinary Examiners,
informed the committee that she has served on the Board of
Veterinary Examiners for the past year and has been in
veterinary practice for 35 years, with 20 years in Alaska. She
said that she is semi-retired, doing relief work and consulting,
and is able to provide a broad perspective of veterinary work.
She expressed that service on the board has a steep learning
curve, and the board members have been very supportive.
4:57:46 PM
REPRESENTATIVE MCCARTY asked Dr. Albert whether she sees any
specific needs regarding veterinary medicine in the state.
DR. ALBERT replied that the board is working on refining
regulations for clarity and directness, as well as addressing
the opioid crisis.
REPRESENTATIVE MCCARTY asked Dr. Albert her thoughts on
mandatory reporting of animal medication prescriptions.
DR. ALBERT responded that she supports making reporting
mandatory and that human medicine is very different from animal
medicine, which varies between species.
5:02:15 PM
CO-CHAIR SPOHNHOLZ asked Dr. Albert whether she acknowledges the
opioid problem in the state.
DR. ALBERT replied, "Absolutely."
CO-CHAIR SPOHNHOLZ asked whether veterinarians prescribe opioids
that can be, and have been, consumed by humans.
DR. ALBERT answered that many of the same drugs are used.
CO-CHAIR SPOHNHOLZ asked Dr. Albert whether she is aware that
the prescription drug monitoring program (PDMP) allows a
veterinarian to delegate data entry to office personnel.
DR. ALBERT replied that the data entry person has to be a
licensed veterinary technician, not regular office personnel.
CO-CHAIR SPOHNHOLZ asked Dr. Albert whether she agrees that
veterinary medicines can be abused by adults, and that the work
of registering drugs with PDMP can be delegated. She asked
whether it's possible that registering drugs with PDMP is not as
onerous as she's suggesting.
DR. ALBERT responded that veterinarians have backed off
prescribing opioids simply because of the opioid problem. She
said that the program itself is problematic, and that using a
registered veterinary technician to register the medicines with
PDMP is time-consuming.
CO-CHAIR SPOHNHOLZ shared her understanding that PDMP was
designed for data entry relating to human patients, and therein
lies the challenge of data entry relating to animals. She asked
whether it's possible to simply modify PDMP to make it easier
for use in veterinary medicine.
DR. ALBERT replied that modification has been worked on for four
years, and it's only recently that there's been acknowledgement
that the process has been altered. She said PDMP doesn't even
allow something as simple as standard measurement variations.
5:05:59 PM
REPRESENTATIVE KAUFMAN commented that PDMP could be improved.
^Occupational Safety & Health Review Board
Occupational Safety & Health Review Board
5:06:39 PM
CO-CHAIR FIELDS announced that the final order of business would
be consideration of the governor's appointees to the
Occupational Safety & Health Review Board.
5:07:08 PM
JOHN STALLONE, Appointee, Occupational Safety & Health Review
Board, said that he has been working in occupational safety and
health issues for 22 years in the aviation, transportation, and
oil and gas industries, and has been involved in over 400 cases.
He said that he has been working in compliance in both the
public and private sectors, and that he has a wealth of
knowledge and is eager to be an active participant in any cases
that come before the board.
5:09:02 PM
REPRESENTATIVE NELSON asked Mr. Stallone about his military
service.
MR. STALLLONE responded that he was a loadmaster on a C-130
airplane.
5:10:23 PM
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
5:10 p.m.