03/01/2023 03:15 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB46 | |
| HB73 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HB 73 | TELECONFERENCED | |
| += | HB 75 | TELECONFERENCED | |
| += | HB 46 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
March 1, 2023
3:16 p.m.
MEMBERS PRESENT
Representative Jesse Sumner, Chair
Representative Justin Ruffridge, Vice Chair
Representative Mike Prax
Representative Dan Saddler
Representative Stanley Wright
Representative Ashley Carrick
Representative Zack Fields
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 46
"An Act allowing child care providers that receive state aid to
organize and collectively bargain with the Department of Health;
and establishing the child care provider fund."
- MOVED CSHB 46(L&C) OUT OF COMMITTEE
HOUSE BILL NO. 73
"An Act relating to investigations conducted by the Department
of Commerce, Community, and Economic Development."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 46
SHORT TITLE: CHILD CARE PROVIDER COLLECTIVE BARGAINING
SPONSOR(s): REPRESENTATIVE(s) FIELDS
01/25/23 (H) READ THE FIRST TIME - REFERRALS
01/25/23 (H) L&C, STA, FIN
01/30/23 (H) L&C AT 3:15 PM BARNES 124
01/30/23 (H) Heard & Held
01/30/23 (H) MINUTE(L&C)
02/10/23 (H) L&C AT 3:15 PM BARNES 124
02/10/23 (H) Heard & Held
02/10/23 (H) MINUTE(L&C)
02/20/23 (H) L&C AT 3:15 PM BARNES 124
02/20/23 (H) Heard & Held
02/20/23 (H) MINUTE(L&C)
02/27/23 (H) HSS REPLACES STA REFERRAL
02/27/23 (H) BILL REPRINTED
03/01/23 (H) L&C AT 3:15 PM BARNES 124
BILL: HB 73
SHORT TITLE: DCCED LICENSING INVESTIGATIONS
SPONSOR(s): REPRESENTATIVE(s) SCHRAGE
02/15/23 (H) READ THE FIRST TIME - REFERRALS
02/15/23 (H) L&C
02/24/23 (H) L&C AT 3:15 PM BARNES 124
02/24/23 (H) -- MEETING CANCELED --
02/27/23 (H) L&C AT 3:15 PM BARNES 124
02/27/23 (H) -- MEETING CANCELED --
03/01/23 (H) L&C AT 3:15 PM BARNES 124
WITNESS REGISTER
REPRESENTATIVE CALVIN SCHRAGE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented HB 73.
SYLVAN ROBB, Director
Division of Corporations, Business, and Professional Licensing
Department of Commerce, Community, and Economic Development
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
73.
ACTION NARRATIVE
3:16:43 PM
CHAIR JESSE SUMNER called the House Labor and Commerce Standing
Committee meeting to order at 3:16 p.m. Representatives Prax,
Ruffridge, Wright, Fields, and Sumner were present at the call
to order. Representatives Carrick and Saddler arrived as the
meeting was in progress.
HB 46-CHILD CARE PROVIDER COLLECTIVE BARGAINING
3:17:15 PM
CHAIR SUMNER announced that the first order of business would be
HOUSE BILL NO. 46, "An Act allowing child care providers that
receive state aid to organize and collectively bargain with the
Department of Health; and establishing the child care provider
fund."
3:17:33 PM
REPRESENTATIVE RUFFRIDGE moved to report HB 46 out of committee
with individual recommendations and the accompanying fiscal
notes.
3:17:53 PM
REPRESENTATIVE PRAX objected for clarification.
CHAIR SUMNER stated that HB 46 is the childcare bill.
3:18:18 PM
REPRESENTATIVE PRAX removed his objection. There being no
further objection, HB 46 was reported out of the House Labor and
Commerce Standing Committee.
3:18:24 PM
The committee took an at-ease from 3:18 p.m. to 3:22 p.m.
HB 73-DCCED LICENSING INVESTIGATIONS
3:22:21 PM
CHAIR SUMNER announced that the final order of business would be
HOUSE BILL NO. 73, "An Act relating to investigations conducted
by the Department of Commerce, Community, and Economic
Development."
3:22:47 PM
REPRESENTATIVE CALVIN SCHRAGE, Alaska State Legislature, as
prime sponsor, stated that the purpose of HB 73 is to provide
any person that files a complaint with the Department of
Commerce, Community, and Economic Development (DCCED) a
notification prior to the closure of the investigation into
their complaint. This would provide the complainant with a
period of ten days in which to object to the closure of their
complaint.
3:24:53 PM
REPRESENTATIVE PRAX asked if it is correct that a complainant
has the opportunity to provide input before a final decision is
made.
REPRESENTATIVE SCHRAGE answered that it is. In response to a
follow-up question, he answered that a department will accept
additional information after a case is closed, but the goal of
the proposed legislation is to provide advanced notification
before a final decision is rendered. He added that the bill
would not occur any fiscal notes due to notification already
being provided after a case is closed.
3:26:49 PM
REPRESENTATIVE PRAX asked if HB 73 would result in the complaint
process starting over.
REPRESENTATIVE SCHRAGE answered that the case would not remain
perpetually open, as there would still be a limited amount of
time for new information to be provided, and a limit to any new
information that could exist. He added that it is different
than a court proceeding in that both sides do not necessarily
see the evidence from the other side.
3:30:05 PM
REPRESENTATIVE SADDLER asked for clarification as to how much
the proposed legislation could lengthen the process and whether
it was necessary.
REPRESENTATIVE SCHRAGE answered that the proposed legislation
was in response to a constituent's story about filing a
complaint that the constituent believed to be meritorious and
then not knowing its status until the case was closed. He said
that HB 73 would provide a ten-day window to provide additional
documentation, and that any additional documentation given would
not restart those then days. In response to a follow-up
question, he stated that many people unfamiliar with how such
investigations work may not provide all available information up
front, but only what they feel is enough to prove their case.
He added that if DCCED would still have the ability to close a
case if it felt that the additional documentation did not
substantially change the merits of the case.
3:34:46 PM
REPRESENTATIVE PRAX asked if Sylvan Robb could explain the
complaint process.
3:35:15 PM
SYLVAN ROBB, Director, Division of Corporations, Business, and
Professional Licensing, Department of Commerce, Community, and
Economic Development, stated the first step of the process for a
member of the public is to submit their complaint in writing.
If the case has merit, the department moves forward with the
case and assigns an investigative team. She said that the word
"investigation" is not used until the department reaches a point
in which there is substantial evidence to support the complaint
due to the potential consequences of using such language in
investigations involving someone with a professional license.
3:38:41 PM
REPRESENTATIVE RUFFRIDGE asked whether informing a complaint of
the closure of their complaint is currently standard procedure.
MS. ROBB answered that it is the policy of the Division of
Corporations, Business, and Professional Licensing to do so.
She added that if a case moves to the investigation phase, then
the result of the investigation becomes public information. In
response to a follow-up question, she said that the reason for
not giving more information to a complainant is to protect the
reputation of a licensee in cases of claims with no merit,
although she noted that it is worth considering any possible
ways to explain why the complaint was closed in more broad
terms.
REPRESENTATIVE RUFFRIDGE asked whether such a change could be
implemented internally by the division or a change in statute
would be necessary.
MS. ROBB answered that the division would be able to amend what
is sent to a complainant internally as it is already its policy
to inform the complainant.
3:43:11 PM
REPRESENTATIVE SADDLER asked at what stages the complainant
receives any feedback from the division.
MS. ROBB answered that during the first stage, a complainant
reaches out to the division and is then asked to fill out a
complaint packet if they wish to move forward with their
complaint. In response to a follow-up question, she reiterated
that if the division moves forward with a case, the complainant
is informed of the result, and if the result involves action
taken against a licensee, that becomes public information.
REPRESENTATIVE SADDLER asked if it is correct that a complainant
is not considered to be a party to any investigation that
occurs.
MS. ROBB answered that it is. In response to a follow-up
question, she said that she is unsure whether adding additional
notice would have a legal effect on a complainant not being
party to the investigation but does not believe it will.
[HB 73 was held over.]
3:48:09 PM
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
3:48 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB73 Fiscal Note.pdf |
HL&C 3/1/2023 3:15:00 PM |
HB 73 |
| HB73 Sponsor Statement - 2023.02.16.pdf |
HL&C 3/1/2023 3:15:00 PM |
HB 73 |
| HB73A.PDF |
HL&C 3/1/2023 3:15:00 PM |
HB 73 |
| HB73 Sectional Analysis - 2023.02.16.pdf |
HL&C 3/1/2023 3:15:00 PM |
HB 73 |
| HB075 Transmittal Letter 02.15.2023.pdf |
HL&C 3/1/2023 3:15:00 PM |
HB 75 |
| HB075 DOI Fiscal Note 02.15.2023.pdf |
HL&C 3/1/2023 3:15:00 PM |
HB 75 |
| HB075 Sectional Analysis Ver A 02.15.2023.pdf |
HL&C 3/1/2023 3:15:00 PM |
HB 75 |
| HB075 version A 02.15.2023.PDF |
HL&C 3/1/2023 3:15:00 PM |
HB 75 |
| CS HB75 V.B.pdf |
HL&C 3/1/2023 3:15:00 PM |
HB 75 |