Legislature(2023 - 2024)BARNES 124
03/29/2023 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| Alcoholic Beverage Control Board | |
| HB88 | |
| HB126 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 88 | TELECONFERENCED | |
| *+ | HB 126 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
March 29, 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
CONFIRMATION HEARING(S)
BOARD OF PHARMACY
SARA RASMUSSEN - Anchorage
- CONFORMATION(S) ADVANCED
MARIJUANA CONTROL BOARD
CHRIS JAIME - SOLDOTNA
- CONFORMATION(S) ADVANCED
ALCOHOLIC BEVERAGE CONTROL BOARD
DAVID KOCH - ANCHORAGE
- CONFORMATION(S) ADVANCED
HOUSE BILL NO. 88
"An Act relating to work quotas for employees at warehouse
distribution centers; and providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 126
"An Act relating to the Board of Professional Counselors; and
relating to licensing of associate counselors."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 88
SHORT TITLE: WAREHOUSE WORK QUOTA INFORMATION
SPONSOR(s): REPRESENTATIVE(s) RAUSCHER
02/27/23 (H) READ THE FIRST TIME - REFERRALS
02/27/23 (H) L&C, JUD
03/29/23 (H) L&C AT 3:15 PM BARNES 124
BILL: HB 126
SHORT TITLE: ASSOCIATE AND PROFESSIONAL COUNSELORS
SPONSOR(s): REPRESENTATIVE(s) WRIGHT
03/22/23 (H) READ THE FIRST TIME - REFERRALS
03/22/23 (H) L&C
03/29/23 (H) L&C AT 3:15 PM BARNES 124
WITNESS REGISTER
REPRESENTATIVE GEORGE RAUSCHER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As the prime sponsor, presented HB 88.
RYAN MCKEE, Staff
Representative George Rauscher
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: On behalf of Representative Rauscher, prime
sponsor, provided the sectional analysis of HB 88.
PATRICK FITZGERALD, Political Coordinator
Alaska Teamsters Local 959
Anchorage, Alaska
POSITION STATEMENT: Provided invited testimony on HB 88.
RACHAEL GUNN, Staff
Representative Stanley Wright
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: On behalf of Representative Wright, prime
sponsor, further explained HB 126.
RACHEL BUDDIN-YOUNG, LPC, Member
Board of Professional Counselors
Anchorage, Alaska
POSITION STATEMENT: Provided invited testimony on HB 126.
ACTION NARRATIVE
3:16:09 PM
CHAIR JESSE SUMNER called the House Labor and Commerce Standing
Committee meeting to order at 3:16 p.m. Representatives
Ruffridge, Saddler, Prax, Wright, and Sumner were present at the
call to order. Representatives Fields and Carrick arrived as
the meeting was in progress.
^CONFIRMATION HEARING(S)
CONFIRMATION HEARING(S)
^Board of Pharmacy
Board of Pharmacy
^Marijuana Control Board
Marijuana Control Board
^Alcoholic Beverage Control Board
Alcoholic Beverage Control Board
3:16:48 PM
CHAIR SUMNER announced that the first order of business would be
the confirmation hearings on the governor's appointees to the
Board of Pharmacy, Marijuana Control Board, and the Alcoholic
Beverage Control Board.
CHAIR SUMNER stated that in the previous hearing on these
confirmations, the committee had heard from Sara Rasmussen,
appointee to the Board of Pharmacy, David Koch, appointee to the
Alcoholic Beverage Control Board, and Chris Jaime, appointee to
the Marijuana Control Board.
3:17:07 PM
CHAIR SUMNER opened public testimony on the confirmation
hearings. After ascertaining that there was no one who wished
to testify, he closed public testimony.
3:17:31 PM
REPRESENTATIVE RUFFRIDGE reminded the committee that signing the
report regarding appointments to the boards and commissions is
in accordance with AS 39.05.080 and in no way reflects
individual members' approval or disapproval of the appointees,
and the nominations are merely forwarded to the full legislature
for confirmation or rejection. [The names advanced to the full
legislature were: Sara Rasmussen, appointee to the Board of
Pharmacy; Chris Jaime appointee to the Marijuana Control Board;
and David Koch, appointee to the Alcoholic Beverage Control
Board.]
HB 88-WAREHOUSE WORK QUOTA INFORMATION
3:18:06 PM
CHAIR SUMNER announced that the next order of business would be
HOUSE BILL NO. 88, "An Act relating to work quotas for employees
at warehouse distribution centers; and providing for an
effective date."
3:18:36 PM
REPRESENTATIVE GEORGE RAUSCHER, Alaska State Legislature, as
prime sponsor, presented HB 88. He paraphrased the sponsor
statement [copy included in the committee packet], which read as
follows [original punctuation provided]:
House Bill 88 Warehouse Worker Protection Act is
designed to provide transparency for warehouse and
logistic workers when they agree to a pay scale based
on a quota or production goal. HB 88 is also designed
to provide protections for workers against
counterproductive methods employers miss the mark on,
to speed up production and save on costs.
Alaska is one of the most bountiful states in the
country with its salmon runs, wild game, and natural
resources. The abundance of the state is a blessing
but there is still a need for supplies and goods to be
imported, stored, and delivered. The workers who
manage the logistics of these imports are the unsung
heroes of Alaskan food security and supply chain. With
over 90% of food coming from outside Alaska, these
workers are the lifeline to keep the state
operational. Warehouse and logistic workers face many
challenges in the workplace, HB 88 will allow workers
to focus on delivering goods and maintaining a healthy
supply chain while also ensuring they are able to work
in a safe environment where employers don't encourage
speed over safety.
3:20:37 PM
RYAN MCKEE, Staff, Representative George Rauscher, Alaska State
Legislature, on behalf of Representative Rauscher, prime
sponsor, paraphrased the sectional analysis on HB 88 [copy
included in the committee packet] which read as follows
[original punctuation provided]:
Sec 1. Amends AS 23.10 by adding new sections
Article 9. Work Quotas at Warehouse Distribution
centers.
Section 23.10.700. - Specifies what types of
employers the newly added sections AS 23.10.700-
23.10.725 apply to. Specifically, 100 or more
employees at a single warehouse distribution center,
or 1,000 or more employees at one or more warehouse
distribution centers in the state.
Section 23.10.705. - Specifies when an employer
that is subject to AS 23.10.700 23.10.725 needs to
provide a written description of each quota that
applies to the employee. It further describes what
needs to be included in that written quota
description.
Section 23.10.710. States what specifically an
employer is not allowed to require in order for
employees to meet quota expectations.
Section 23.10.715. States that a current or
former employee may request, orally or in writing a
request for a quota description. And specifies what
needs to be included in the request as well as a
timeline for when an employee will receive the
requested description.
Section 23.10.720. States that an employee may
seek an injunction in the superior court to enjoying
an employer violating AS 23.10.700-23.10.715.
Section 23.10.725. Provides definitions for
terms listed in the above language.
Sec 2. Sets an effective date of January 1st, 2025.
MR. MCKEE added that the proposed legislation has a zero fiscal
note.
3:22:55 PM
PATRICK FITZGERALD, Political Coordinator, Alaska Teamsters
Local 959, gave invited testimony in support of HB 88. He
thanked the bill sponsor, staff, and the committee. He stated
that the proposed legislation would create two protections for
warehouse and logistics workers against predatory practices. He
stated the first protection would be transparency for quota-
based paid positions in warehouses. This would ensure
notification of quota rates at the beginning of employment, and
any changes thereafter. It would also create a mechanism for
employees to request their work-speed data used to track
progress. He stated that the bill would also add protections to
reduce workplace accidents in quota-based jobs, such as allowing
time for breaks and defining reasonable workloads. He stated
that the proposed bill would protect those who work in the
warehouses that store 95 percent of the food coming into the
state. It would also conduct logistics for the materials needed
to build and maintain these warehouses, ensuring rural Alaska is
connected to a strong systematic supply of food, medicine, and
other goods. He urged the committee to support the proposed
legislation.
3:25:08 PM
REPRESENTATIVE SADDLER pointed to the definition of "quota" in
the proposed bill. He questioned the line between a quota and
an employer's expectation of productivity.
REPRESENTATIVE RAUSCHER answered that he had worked in a
warehouse and expressed the understanding that quota means a
certain amount of duties would be performed in a certain amount
of time.
3:26:19 PM
REPRESENTATIVE PRAX requested examples of problems the proposed
legislation would address.
REPRESENTATIVE RAUSCHER explained his personal experience
working in a warehouse which made roofing shingles. He pointed
out that there was a quota for moving packages onto a pallet in
preparation for it to be loaded onto a truck which had a certain
departure time. He described a situation where the temperature
was extremely hot, but the workers were still required to meet
the quota. He deferred to Mr. Fitzgerald for further examples.
3:28:12 PM
MR. FITZGERALD responded that the legislation would provide
transparency, and in relation to this he gave the example that
as a young man he had no problems working in a warehouse which
supplied snacks to service stations; however, another older
individual, who had worked in warehouses before, had never been
informed of quotas, and because of this, the individual missed
the quotas daily. He stated that the proposed legislation would
ensure against this.
3:29:41 PM
REPRESENTATIVE RUFFRIDGE requested examples of warehouse
distribution centers in Alaska with 100 or more employees.
MR. FITZGERALD responded that Safeway, U.S. Foods, and the Odom
Corporation each have over 100 workers in their warehouses. He
stated that he could follow up with more information after the
meeting.
REPRESENTATIVE RUFFRIDGE questioned the reasoning for having a
100-employee limit, as the proposed legislation seems reasonable
for a warehouse of any size.
REPRESENTATIVE RAUSCHER responded that having a sizable number
of workers would create a different scenario than a warehouse
with one or two workers. He surmised that with larger quotas
with larger employees, the numbers become more important than
the people.
3:31:45 PM
REPRESENTATIVE SADDLER questioned whether quotas would be
negotiated in a contract.
MR. FITZGERALD answered that this would depend on the contract
and the bargaining unit. He pointed out that longshoremen would
have this in order to allow the ships to leave the port at a
scheduled time. He expressed the opinion that every contract
could have this.
3:33:18 PM
CHAIR SUMNER announced that HB 88 was held over.
HB 126-ASSOCIATE AND PROFESSIONAL COUNSELORS
3:33:26 PM
CHAIR SUMNER announced that the final order of business would be
HOUSE BILL NO. 126, "An Act relating to the Board of
Professional Counselors; and relating to licensing of associate
counselors."
3:34:14 PM
REPRESENTATIVE WRIGHT, as prime sponsor, introduced HB 126. He
stated that HB 126 would create a tiered licensure system for
professional counselors. This would create a clear path in the
state for qualified candidates to become licensed as an
associate counselor before becoming professional counselors. He
stated that currently there is no structure of support for post-
graduate behavioral counselors. He pointed out that creating a
tiered system would align Alaska with national standards, ensure
ethical and effective services, increase public confidence in
the counseling profession, and improve access to mental health
services. He stated that a tiered system would encourage career
advancement and professional development. He added that it
would also help attract qualified candidates to the state.
3:35:37 PM
RACHAEL GUNN, Staff, Representative Stanley Wright, Alaska State
Legislature, on behalf of Representative Wright, prime sponsor,
further discussed HB 126. She pointed out that the proposed
legislation would create a dual tiered system for counseling
licensure. She stated that the issue was brought forward by the
Board of Counselors because currently there is limited guidance
and support for individuals who have graduate degrees but have
not yet obtained the requirements to be licensed as a counselor.
She explained that establishing a designated associate
counselor's license would ensure these individuals are set up
for success. She explained that the nationwide requirement is
for a candidate to complete 3,000 hours of counseling with
supervision. She advised that this could take up to six years
and often supervisors become unavailable during this time for
various reasons, and the proof of the candidate's hours
disappear. She suggested that in these situations candidates
may never be able to obtain licensure. She stated that the
proposed legislation would allow the board to adopt standards of
reporting so individuals could continue with the accrued hours.
She added that the supervisors in the state exist "in limbo" and
issuing them a license with the board would allow professional
development. She continued that this would help promote
retention of counselors and address the lack of counselors for
mental health issues in the state.
3:37:43 PM
RACHEL BUDDIN-YOUNG, LPC, Member, Board of Professional
Counselors, provided invited testimony on HB 126. She expressed
the opinion that the proposed legislation would make an
improvement in the state.
3:38:05 PM
REPRESENTATIVE RUFFRIDGE questioned how long the board has been
aware of the issue.
MS. BUDDIN-YOUNG responded that the proposed legislation would
help align the state with national standards, and the board has
been working on this for the last six to eight months.
REPRESENTATIVE RUFFRIDGE, in regard to becoming an associate
counselor, questioned the number of individuals that this would
help.
MS. BUDDIN-YOUNG responded that there is no way to know the
number of individuals who have obtained master's degrees until
they apply for licensure. She stated that the bill would help
provide the board with the number of up-and-coming candidates,
and this would allow these candidates to be supported in more
effective ways.
3:39:53 PM
REPRESENTATIVE SADDLER questioned the difference between the
requirements for a licensed counselor and an associate
counselor.
MS. BUDDIN-YOUNG responded that to be a fully licensed
professional counselor (LPC) there is a requirement for 3000
hours of supervision. She continued that to have an associate
license the individual would need to have a master's degree, and
this is the in-between time of acquiring the supervision needed
to become a licensed professional counselor.
REPRESENTATIVE SADDLER, with a follow up question, expressed the
understanding that an associate would need a master's degree to
be licensed in route to becoming a licensed professional
counselor. He questioned the educational requirements to become
a full LPC.
MS. BUDDIN-YOUNG responded that along with the master's degree
and the 3000 hours, the candidate would have to pay the required
fees, have a background check, and have letters of
recommendation. To make sure the candidate has a qualifying
degree, she said, there would need to be specific hours in
specific courses. She added that the 3,000 hours would need to
be under a supervisor who has been approved by the Board of
Professional Counselors in the state, and these supervisors
would have to have the appropriate continuing education hours,
if applicable.
REPRESENTATIVE SADDLER clarified that to be an associate and an
LPC, the individual would need a master's degree.
MS. BUDDIN-YOUNG responded in the affirmative. She reiterated
that individuals cannot counsel until they have a master's
degree. From the time of obtaining the master's degree, the
individual must accrue the 3,000 hours of practice under
supervision to obtain a license; however, currently there is
nothing governing the individuals working on the 3,000 hours of
practice. She reiterated that this is what the proposed
legislation would do.
REPRESENTATIVE SADDLER questioned the services that a licensed
professional counselor would provide that an associate could not
provide.
MS. BUDDIN-YOUNG responded that the primary difference is LPCs
can bill insurance but associates, or those not fully licensed,
cannot. She added that associates are required to be under
supervision. In response to a follow up question, she stated
that the main difference is the experience level.
3:43:56 PM
CHAIR SUMNER announced that HB 126 was held over.
3:44:00 PM
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
3:44 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB126 Fiscal Note DCCED.pdf |
HL&C 3/29/2023 3:15:00 PM |
HB 126 |
| HB126 Fiscal Note DOH 2.pdf |
HL&C 3/29/2023 3:15:00 PM |
HB 126 |
| HB126 Fiscal Note DOH.pdf |
HL&C 3/29/2023 3:15:00 PM |
HB 126 |
| HB0126A.PDF |
HL&C 3/29/2023 3:15:00 PM |
HB 126 |
| HB 88 Sectional Analysis .pdf |
HL&C 3/29/2023 3:15:00 PM |
HB 88 |
| HB 88 Fiscal Note.pdf |
HL&C 3/29/2023 3:15:00 PM |
HB 88 |
| HB 88 Sponsor Statement.pdf |
HL&C 3/29/2023 3:15:00 PM |
HB 88 |
| HB0088A.PDF |
HL&C 3/29/2023 3:15:00 PM |
HB 88 |
| HB 126 SECTIONAL ANALYSIS.docx |
HL&C 3/29/2023 3:15:00 PM |
HB 126 |
| Associate Counselor Answers from the Board.pdf |
HL&C 3/29/2023 3:15:00 PM |
|
| States with Tiered Licensure HB126.png |
HL&C 3/29/2023 3:15:00 PM |
|
| HB 126- Sponsor Statement.pdf |
HL&C 3/29/2023 3:15:00 PM |
HB 126 |
| HB126 Board of Professional Counselors Letter of Support.pdf |
HL&C 3/29/2023 3:15:00 PM |
HB 126 |