04/26/2024 03:15 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB228 | |
| HB298 | |
| HB277 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 298 | TELECONFERENCED | |
| + | HB 277 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 228 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
April 26, 2024
3:20 p.m.
MEMBERS PRESENT
Representative Jesse Sumner, Chair
Representative Justin Ruffridge, Vice Chair
Representative Mike Prax
Representative Dan Saddler
Representative Ashley Carrick
MEMBERS ABSENT
Representative Stanley Wright
Representative Zack Fields
COMMITTEE CALENDAR
SENATE BILL NO. 228
"An Act extending the termination date of the Board of Massage
Therapists; and providing for an effective date."
- MOVED SB 228 OUT OF COMMITTEE
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 298
"An Act relating to the posting of warning signs for alcoholic
beverages."
- HEARD & HELD
HOUSE BILL NO. 277
"An Act relating to occupational licensing; and providing for an
effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 228
SHORT TITLE: EXTEND BOARD OF MASSAGE THERAPISTS
SPONSOR(s): LABOR & COMMERCE
02/12/24 (S) READ THE FIRST TIME - REFERRALS
02/12/24 (S) L&C, FIN
02/26/24 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/26/24 (S) Moved SB 228 Out of Committee
02/26/24 (S) MINUTE(L&C)
02/28/24 (S) L&C RPT 5DP
02/28/24 (S) DP: BJORKMAN, MERRICK, GRAY-JACKSON,
BISHOP, DUNBAR
04/03/24 (S) FIN AT 9:00 AM SENATE FINANCE 532
04/03/24 (S) Heard & Held
04/03/24 (S) MINUTE(FIN)
04/04/24 (S) FIN RPT 4DP 1NR
04/04/24 (S) DP: OLSON, KIEHL, MERRICK, BISHOP
04/04/24 (S) NR: STEDMAN
04/04/24 (S) FIN AT 9:00 AM SENATE FINANCE 532
04/04/24 (S) Moved SB 228 Out of Committee
04/04/24 (S) MINUTE(FIN)
04/11/24 (S) TRANSMITTED TO (H)
04/11/24 (S) VERSION: SB 228
04/12/24 (H) READ THE FIRST TIME - REFERRALS
04/12/24 (H) L&C, FIN
04/19/24 (H) L&C AT 3:15 PM BARNES 124
04/19/24 (H) -- MEETING CANCELED --
04/24/24 (H) L&C AT 3:15 PM BARNES 124
04/24/24 (H) Heard & Held
04/24/24 (H) MINUTE(L&C)
04/26/24 (H) L&C AT 3:15 PM BARNES 124
BILL: HB 298
SHORT TITLE: ALCOHOL WARNING SIGNS ON LIC. PREMISES
SPONSOR(s): GRAY
01/29/24 (H) READ THE FIRST TIME - REFERRALS
01/29/24 (H) HSS, L&C
01/31/24 (H) SPONSOR SUBSTITUTE INTRODUCED
01/31/24 (H) READ THE FIRST TIME - REFERRALS
01/31/24 (H) HSS, L&C
03/12/24 (H) HSS AT 3:00 PM DAVIS 106
03/12/24 (H) Heard & Held
03/12/24 (H) MINUTE(HSS)
03/21/24 (H) HSS AT 3:00 PM DAVIS 106
03/21/24 (H) Moved CSSSHB 298(HSS) Out of Committee
03/21/24 (H) MINUTE(HSS)
03/25/24 (H) HSS RPT CS(HSS) 2DP 5NR
03/25/24 (H) DP: MCCORMICK, MINA
03/25/24 (H) NR: FIELDS, SUMNER, RUFFRIDGE, SADDLER,
PRAX
04/01/24 (H) L&C AT 3:15 PM BARNES 124
04/01/24 (H) Heard & Held
04/01/24 (H) MINUTE(L&C)
04/26/24 (H) L&C AT 3:15 PM BARNES 124
BILL: HB 277
SHORT TITLE: LICENSING RECIPROCITY; FEES
SPONSOR(s): WAYS & MEANS
01/18/24 (H) READ THE FIRST TIME - REFERRALS
01/18/24 (H) W&M, L&C, FIN
03/20/24 (H) W&M AT 6:00 PM DAVIS 106
03/20/24 (H) -- MEETING CANCELED --
03/27/24 (H) W&M AT 6:00 PM DAVIS 106
03/27/24 (H) <Bill Hearing Canceled>
04/03/24 (H) W&M AT 6:00 PM DAVIS 106
04/03/24 (H) Heard & Held
04/03/24 (H) MINUTE(W&M)
04/10/24 (H) W&M AT 6:00 PM DAVIS 106
04/10/24 (H) -- MEETING CANCELED --
04/15/24 (H) W&M AT 6:00 PM DAVIS 106
04/15/24 (H) Moved CSHB 277(W&M) Out of Committee
04/15/24 (H) MINUTE(W&M)
04/17/24 (H) W&M RPT CS(W&M) NEW TITLE 5DP 2AM
04/17/24 (H) DP: MCKAY, MCCABE, ALLARD, TILTON,
CARPENTER
04/17/24 (H) AM: GRAY, GROH
04/26/24 (H) L&C AT 3:15 PM BARNES 124
WITNESS REGISTER
JILL MOTZ, representing self
Palmer, Alaska
POSITION STATEMENT: Testified in support of SB 228.
VOLKER HRUBY, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 228.
NOELLE LOCONTE, PhD, Faculty Member
Division of Hematology, Medical Oncology, and Palliative Care
Department of Medicine
University of Wisconsin
Madison, Wisconsin
POSITION STATEMENT: Testified in support of HB 298.
ROXANNE JONES, Family Physician
Alaska Academy of Family Physicians
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 298.
REPRESENTATIVE BEN CARPENTER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented CSHB 277(W&M).
ALASDAIR WHITNEY, Legislative Counsel
Institute for Justice
(No address provided)
POSITION STATEMENT: Gave invited testimony in support of CSHB
277(W&M).
DONNA ARDUIN, Staff
Representative Ben Carpenter
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on
CSHB 277(W&M) on behalf of Representative Carpenter, prime
sponsor.
KENDRA BROUSSARD, Staff
Representative Ben Carpenter
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Read the sectional analysis for HB 277 on
behalf of Representative Carpenter, prime sponsor.
SYLVAN ROBB, Director
Division of Corporations, Business, and Professional Licensing
Department of Commerce, Community & Economic Development
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on
CSHB 277(W&M).
ACTION NARRATIVE
3:20:16 PM
CHAIR JESSE SUMNER called the House Labor and Commerce Standing
Committee meeting to order at 3:20 p.m. Representatives Saddler,
Prax, Carrick, Ruffridge, and Sumner were present at the call to
order.
SB 228-EXTEND BOARD OF MASSAGE THERAPISTS
3:21:09 PM
CHAIR SUMNER announced that the first order of business would be
SENATE BILL NO. 228, "An Act extending the termination date of
the Board of Massage Therapists; and providing for an effective
date."
3:21:38 PM
CHAIR SUMNER opened public testimony on SB 228.
3:22:08 PM
JILL MOTZ, representing self, testified in support of SB 228.
She said she believes the Board of Massage Therapists ("the
board") serves three main purposes: providing public safety;
helping to combat human trafficking; and monitoring trends in
massage therapy ethics. She said the board should be allowed to
continue growing and asked members to move the bill out of
committee today.
3:24:56 PM
REPRESENTATIVE SADDLER questioned the expense incurred on
regulatory investigations.
MS. MOTZ said she did not have the numbers; however, the cost is
substantial and can vary widely from year to year.
REPRESENTATIVE SADDLER asked whether there are enough massage
therapists licensed in Alaska to fill demand.
MS. MOTZ shared her belief that there are plenty of massage
therapists in Alaska. She pointed out that two new schools were
created in the last few years in Fairbanks and the Mat-Su valley
as communities have realized the need for local training.
3:26:52 PM
VOLKER HRUBY, representing self, testified in support of SB 228.
He said continuing the board would give massage therapists a
voice and input in the profession. He explained that extending
the board would help keep costs down, increase efficiency, and
protect the profession from illegal entities. He urged members
to pass SB 228.
3:28:55 PM
REPRESENTATIVE PRAX asked whether the board gives applicants a
certificate that can be displayed on a wall or used in
advertising.
MR. HRUBY answered yes, certificates can be downloaded and
printed. He added that displaying the certificate is a
requirement. In addition, the board is working on making the
inclusion of license numbers a requirement for advertising.
3:29:54 PM
CHAIR SUMNER closed public testimony on SB 228.
3:30:18 PM
REPRESENTATIVE RUFFRIDGE moved to report SB 228 out of committee
with individual recommendations and the accompanying fiscal
notes.
CHAIR SUMNER objected.
3:30:36 PM
A roll call vote was taken. Representatives Carrick, Prax,
Saddler, and Ruffridge voted in favor of moving SB 228 out of
committee. Representative Sumner voted against it. Therefore,
SB 228 was reported out of the House Labor and Commerce Standing
Committee by a vote of 4-1.
3:31:09 PM
The committee took an at-ease from 3:31 p.m. to 3:34 p.m.
HB 298-ALCOHOL WARNING SIGNS ON LIC. PREMISES
3:34:27 PM
CHAIR SUMNER announced that the next order of business would be
HOUSE BILL NO. 298, "An Act relating to the posting of warning
signs for alcoholic beverages." [Before the committee was CSHB
298(HSS).]
3:34:43 PM
CHAIR SUMNER opened public testimony on HB 298.
3:34:51 PM
NOELLE LOCONTE, PhD, Faculty Member, Division of Hematology,
Medical Oncology, and Palliative Care, Department of Medicine,
University of Wisconsin, testified in support of HB 298. She
stated the awareness among Americans and physicians that alcohol
is a carcinogen is low. She said the bill would help increase
awareness of the connection between alcohol and cancer.
3:36:12 PM
ROXANNE JONES, Family Physician, Alaska Academy of Family
Physicians, testified in support of HB 298. She stated that
reminders of healthy behaviors cannot only be done in the
doctor's office, adding that individuals spend far more time
outside of that setting. She opined that the signage proposed
in HB 298 would help. She shared several relevant statistics on
alcohol use and the efficacy of signage for public health
efforts. She added that as a doctor herself, she was not aware
of the extent of the carcinogenic effect of alcohol until this
bill was introduced. She reiterated her support for HB 298.
3:38:53 PM
CHAIR SUMNER closed public testimony on HB 298 and announced
that the bill would be held over.
HB 277-LICENSING RECIPROCITY; FEES
3:39:17 PM
CHAIR SUMNER announced that the final order of business would be
HOUSE BILL NO. 277, "An Act relating to occupational licensing;
and providing for an effective date." [Before the committee was
CSHB 277(W&M).]
3:39:33 PM
The committee took a brief at-ease at 3:39 p.m.
3:40:52 PM
REPRESENTATIVE BEN CARPENTER, Alaska State Legislature, as prime
sponsor, presented CSHB 277(W&M). He paraphrased the sponsor
statement [included in committee packet], which read as follows
[original punctuation provided]:
HB 277 requires occupational licenses to cost no more
in Alaska than other states and allows for universal
licensing reciprocity with other states. Current law
requires licenses to cost no more than the cost to the
government of approving such license.
The Institute for Justice identified 64 lower income
occupational licenses required by the state of Alaska.
The cost of these licenses is higher in Alaska for 42
of the 64 occupations. The Institute for Justice also
identified 32 occupational licenses in Alaska that
have no licensing requirements in at least 20 other
states. HB 277 eliminates licensing, but not
regulatory, requirements in Alaska for those
professions.
The Alaska Policy Forum reported that Alaska is ranked
24th in the nation for the most burdensome state-level
occupational licensing regulation. Overregulating
occupations often disincentivizes or prevents people
from pursuing an occupation that they may be
passionate about and excel at, further robbing Alaska
of goods and services and a flourishing economy that
could have been enjoyed. Reducing state-level
occupational licensure also may be among Alaska's
easiest fixes for the issue of overregulation of small
businesses.
The Policy Forum reported in 2023 that Alaska's
workforce is dwindling for a variety of reasons, and
it will take a multi-pronged approach to encourage
workers to rejoin the labor force in the state. One
thing stopping some from working or transitioning to a
different career is undue occupational licensing
burdens. While rigorous processes to obtain licenses
for some careerssuch as doctors, psychotherapists,
and surgeonsmake sense, there are plenty of jobs that
should not have such rigorous licensing requirements.
It would benefit Alaska to recognize out-of-state
licenses when the holders are in good standing or join
interstate licensing compact agreements such as the
Nurse Licensure Compact. It could also find ways to
cut back on the number of barriers and licenses
required to work in Alaska.
Alaska needs workers, and yet the state is keeping
individuals from working through burdensome licensing
requirements. Alaska can be a thriving state, with
strong families and self-sufficient individuals. It is
.notdefme to make that happen.
3:42:49 PM
ALASDAIR WHITNEY, Legislative Counsel, Institute for Justice
(IJ), gave invited testimony in support of CSHB 277(W&M). He
said the IJ encourages the committee to support the bill for two
reasons: Firstly, it would significantly reduce licensing
barriers in Alaska; secondly, it would help relieve friction in
labor markets by recognizing out-of-state licensing. He relayed
that 20 states have enacted licensing recognition reform in some
capacity. Arizona, for example, enacted one of the broadest
laws and is projected to yield a muti-billion dollar increase in
the state's gross domestic product (GDP). He encouraged the
committee to support the bill.
CHAIR SUMNER sought questions from committee members.
3:45:10 PM
REPRESENTATIVE SADDLER pointed out that in Alaska, licensing
fees fund the investigation of bad actors. He asked whether Mr.
Whiteny had considered the effect of universal licensure on the
revenue stream for Alaska licensing boards.
MR. WHITNEY answered yes, but it's difficult to ascertain the
effect because of the bill's standard for establishing fees
under a national average. He said his testimony is intended to
offer support for the recognition component of the bill and the
idea that the bill would make it easier for people who move to
Alaska to start working.
REPRESENTATIVE SADDLER asked whether the IJ believes that
implementing a national standard is a good idea for all
professional licensing.
MR. WHITNEY answered no, every state is different. However, the
IJ is advocating for ways to make licensure easier.
3:47:37 PM
REPRESENTATIVE CARPENTER stated that the bureaucracy of managing
each particular field becomes a burden that's placed on the
private sector. He said while he does not support a national
standard, he opined that the cost of regulation on the private
sector should be considered and discussed to ensure that private
sector growth is being encouraged. He reiterated that the bill
would be a function to reduce that cost.
CHAIR SUMNER sought further explanation of list of trades in
Section 1 that would exclude a person from acting as a
fiduciary.
3:49:45 PM
DONNA ARDUIN, Staff, Representative Ben Carpenter, Alaska State
Legislature, acknowledged that the bill is dense and full of
conforming language. She noted that the policy changes can be
found in Sections 2, 3, 14, and 56.
CHAIR SUMNER questioned what is being changed in section 1.
MS. ARDUIN said Section 1 is conforming language.
CHAIR SUMNER requested an overview of the sectional analysis.
3:50:59 PM
KENDRA BROUSSARD, Staff, Representative Ben Carpenter, Alaska
State Legislature, on behalf of Representative Carpenter, prime
sponsor, paraphrased the sectional analysis for CSHB 277(W&M)
[included in committee packet]. [Due to its length, the
sectional analysis for CSHB 277(W&M) is provided at the end of
the minutes.]
3:55:24 PM
MS. BROUSSARD directed attention to the PowerPoint presentation
on HB 277, entitled "HB 277 An Act Related to Occupational
Licensing." She began on slide 2, "Alaska Policy Forum," which
read as follows [original punctuation provided]:
2021 Mercatus Conter report
While regulations and licensures are usually justified
as a means of keeping consumers safe, mountains of
regulations can easily get out of control, become
counterproductive, contradict each other, and harm the
economy.
MS. BROUSSARD continued to slide 3, which read as follows
[original punctuation provided]:
Alaska is ranked 24thin the nation for the most
burdensome state-level occupational licensing
regulation. Overregulating occupations often
disincentivizes or prevents people from pursuing an
occupation that they may be passionate about and excel
at, further robbing Alaska of goods, services, and a
flourishing economy that could have been enjoyed.
Reducing state-level occupational licensure also may
be among Alaska's easiest fixes for the issue of
overregulation, since federal regulations are much
harder for a state to influence.
3:56:15 PM
MS. BROUSSARD moved to slide 4, which read as follows [original
punctuation provided]:
Alaska's private sector workforce is dwindling for a
variety of reasons, and it will take a multi-pronged
approach to encourage workers to rejoin the labor
force in the state. One thing stopping some from
working or transitioning to a different career is
undue occupational licensing burdens. While rigorous
processes to obtain licenses for some careerssuch as
doctors, psychotherapists, and surgeonsmake sense,
there are plenty of jobs that should not have such
rigorous licensing requirements.
MS. BROUSSARD turned to slide 5, which read as follows [original
punctuation provided]:
It would benefit Alaska to recognize out-of-state
licenses when the holders are in good standing or join
interstate licensing compact agreements such as the
nurse licensure compact. It could also find ways to
cut back on the number of barriers and licenses
required to work in Alaska.
Alaska needs workers, and yet the state is keeping
individuals from working through burdensome licensing
requirements. Alaska can be a thriving state, with
strong families and self-sufficient individuals. It is
time to make that happen.
MS. BROUSSARD continued to slide 6, which read as follows
[original punctuation provided]:
INSTITUTE FOR JUSTICE
The Institute for Justice studied occupational
licensing review in 15 states from 1985 to 2017 and
found that occupational and professional associations
initiated at least 83% of new licenses, concluding
that licensing policy is typically driven by special
interests, not the public interest. Overwhelmingly,
demands come from motivated parties, who may put
professional status or economic gain ahead of sound
policy. In fact, independent government reviews most
often conclude that these demands are wrongheaded.
3:57:18 PM
MS. BROUSSARD advanced to slide 7, which read as follows
[original punctuation provided]:
Institute for justice recommends that government
review licensing proposals using criteria such as
whether there is proof of harm from an occupation,
whether the benefits of licensing would outweigh
costs, and whether public safety would be better
protected in a less burdensome or restrictive way.
MS. BROUSSARD turned to slide 8, which read as follows [original
punctuation provided]:
WAYS AND MEANS COMMITTEE BILL
HB 190, The Alaska Sunset Commission Act, passed out
of Ways and Means in February and had its first
hearing in State Affairs. If the Act becomes law,
occupational licensing review will be part of the
Commission's purview.
MS. BROUSSARD concluded on slide 9, which read as follows
[original punctuation provided]:
HB 277 will fast-track the economic benefits of such
review by immediately allowing universal reciprocity
for licenses granted by other states.
HB 277 will immediately remove some of the cost burden
for licensees and prospective licensees.
3:58:45 PM
REPRESENTATIVE CARPENTER added that this bill embodies the idea
of reducing regulation to spur economic growth.
3:59:39 PM
CHAIR SUMNER referred to Section 14, paragraph (13), and asked
why a new exemption would be added for carpentry, among a number
of other trades, would be exempted.
MS. ARDUIN confirmed that the bill would eliminate a handful of
professions from the licensing requirement. She explained that
the list of trades in paragraph (13) all generally work under a
licensed general contractor. She added that the regulatory
barriers would not be removed for these professions.
4:01:37 PM
REPRESENTATIVE RUFFRIDGE shared his understanding that most
medical licenses already have a reciprocity component and asked
whether universal reciprocity is recognized by other
professions.
MS. ARDUIN said physicians and other professions with a
universal reciprocity component are not the focus of the bill.
She clarified that the bill targets lower- and middle-income
occupational licenses for which a reduction in fees would
relieve a greater burden.
REPRESENTATIVE RUFFRIDGE asked whether there is an estimate on
the average cost saving that would result from the bill.
MS. ARDUIN said there is an estimate on cost savings from the
fee reduction in some of the fiscal notes. She offered to
follow up with the requested information specific to every
occupation.
REPRESENTATIVE RUFFRIDGE stated that the licensure fees in other
states are a rolling average. He asked whether the Department
of Commerce, Community & Economic Development (DCCED) would keep
a tab on other states' occupational licensing fees and adjust
the cap on a regular basis.
4:07:37 PM
REPRESENTATIVE CARPENTER said the department would be able to
reference the national average from other organizations, like
the IJ, who maintain that data already.
4:07:58 PM
REPRESENTATIVE SADDLER said he would like to know more about the
IJ.
4:08:27 PM
MR. WHITNEY said the IJ is a non-profit law firm that works to
protect civil liberties with the goal of making it easier for
Americans to work in their chosen field. He opined that HB 277
would make it easier for people to obtain licenses and get to
work.
REPRESENTATIVE SADDLER asked whether the Institute of Justice
focuses primarily on occupational licensing issues.
MR. WHITNEY said the IJ engages in litigation efforts across the
country to help people fight unjust licensing regimes, in
addition to private property, First Amendment, and educational
choice issues.
REPRESENTATIVE SADDLER asked whether any other states base their
licensing fees on a national average.
MR. WHITNEY answered no; however, Alaska ranks in the top twenty
with regard to fee "burden." He reported that the average fees
in Alaska range from $200-$400 as of 2022 with some costing as
low as $100 and others costing up to $700. He said the
institute has not seen another state with this proposed fee
structure.
4:15:01 PM
CHAIR SUMNER asked whether the bill would apply to attorneys.
REPRESENTATIVE CARPENTER clarified that an attorney's license is
a professional license, not occupational. He said the bill
would only apply to occupational licenses.
4:15:22 PM
REPRESENTATIVE PRAX asked whether the sponsor had given any
thought to potential occupations that may benefit from "separate
details."
REPRESENTATIVE CARPENTER said licenses are supposed to be proof
of capability; however, that is not always the case. He said
the concern is that the certification has no bearing on whether
the private sector will reward the licensee for doing the job.
CHAIR SUMNER contended that licenses are less of a fitness check
and more of a confirmation of bonding and insurance.
REPRESENTATIVE CARPENTER responded that the employer has the
ultimate responsibility of ensuring that workers are bonded and
insured.
4:19:16 PM
REPRESENTATIVE SADDLER questioned the difference between
occupational and professional licenses.
SYLVAN ROBB, Director, Division of Corporations, Business, and
Professional Licensing, Department of Commerce, Community &
Economic Development (DCCED), said in the division does not
distinguish between professional and occupational licenses.
4:20:25 PM
REPRESENTATIVE RUFFRIDGE asked whether the bill would create the
need to establish a regulation framework to establish
reciprocity.
MS. ROBB opined that there would need to be a regulatory project
for many professions because of the great number of statutes the
bill deletes. In addition, the bill is problematic because it
deletes the statutory authority that allows for licensing by
credential, (indisc.), or reciprocity, depending on the
profession, and fails to include a reference the new reciprocity
section. She said the division is concerned about the bill's
impact and referred to Section 33, for example, which may result
in midwives whose licenses never expire under the reciprocity of
the bill.
REPRESENTATIVE RUFFRIDGE asked whether each board would need to
go back and draft its regulations to comply with the new
reciprocity language.
MS. ROBB answered yes, because the current statutory authority
that allows certain professions to obtain a license through
reciprocity would be deleted [if the bill were to pass] and does
not point to the new reciprocity that exists in Section 3.
4:25:18 PM
REPRESENTATIVE PRAX said he supports the concept and can't find
any downside. He asked whether there are occupations specific
to Alaska that would necessitate specific licensing
requirements.
MS. ROBB reiterated that the department has concerns with the
bill. She agree with the intention of helping people get to
work faster, reducing licensing fees, and minimizing the
regulatory burden; however, she opined that these goals would be
better accomplished through other existing legislation, such as
HB 85 and HB 314. She expressed concern about the unqualified
reciprocity in the bill in addition to the inclusion of certain
professions that are typically excluded from reciprocity, such
as game guides and marine pilots, as those jobs require
knowledge specific to Alaska.
4:29:42 PM
REPRESENTATIVE SADDLER inquired as to the elements of licensing
fees in Alaska.
MS. ROBB reported that the formula for licensing fees is
specified in AS 08.01.065, which requires that the fees cover
the cost of regulating the profession.
REPRESENTATIVE SADDLER asked whether any other states base their
licensing fees on a national average.
MS. ROBB said she is not familiar with any entity that sets its
fees based on a national average.
4:32:15 PM
CHAIR SUMNER asked whether the bill would impact licensing for
residential home builders, as that profession may require
knowledge specific to Alaska.
MS. ROBB said the bill would remove licensing requirements for a
number of specialty contractors; however, residential
contractors would not be impacted by the bill with the exception
that their fees may either decrease or increase due to the
increased administrative burden.
CHAIR SUMNER sought to confirm that the bill would not create
reciprocity for residential builders.
MS. ROBB clarified that the bill would [create reciprocity for
residential builders].
4:33:56 PM
REPRESENTATIVE PRAX inquired as to the difference between hiring
an Alaskan contractor for residential work and a contractor from
the Lower-48 and whether it's a licensing issue or an experience
issue.
CHAIR SUMNER said possibly both. He surmised that the length of
the license could be an indicator of Alaska-specific knowledge.
MS. ROBB confirmed that of the construction contract workers,
residential contractors are the only ones required to pass an
exam.
4:35:48 PM
REPRESENTATIVE RUFFRIDGE asked whether a person entering into a
licensing compact would be required to pay a fee toward the
state.
MS. ROBB said there's not a "one size fits all" structure for
compacts, as Alaska is not currently a member of any
professional licensing compact.
4:37:53 PM
CHAIR SUMNER announced that HB 277 would be held over.
4:38:15 PM
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
4:38 p.m.
Sectional analysis for CSHB 277(W&M):
Sections in HB 277
Includes a great deal of conforming language for the
universal reciprocity language in the bill and for fee
caps in the bill.
Section 1
Amends the Alaska trust company act exemptions to add
conforming language for fiduciaries.
Section 2
Amends the centralized licensing statute (AS 08.01) to
limit total fees collected by the state for
occupational licenses to the total national average
fees for each occupation.
Section 3
Adds a new section to the centralized licensing
statute (AS 08.01) to require departments and
appropriate boards to issue licenses to an applicant
for a license which the applicant holds a comparable
license in another jurisdiction. The applicant must
hold a current license in another state, district, or
territory of the United States and has actively used
the license during the past two years. Fingerprint and
criminal history checks or waiver of confidentiality
will be required if required for a license in Alaska.
Applicants must be in good standing in their existing
license issuing jurisdiction.
Exceptions to this requirement are for real estate
appraisers, big game transporters, and animal control
agencies who have federal requirements, and for
general business licenses.
Section 4
Amends the telehealth statute to add conforming
language for eliminating the licensing requirement for
dispensing opticians.
Section 5
Amends the public account statute to add conforming
language.
Section 6
Amends the general provisions of the centralized
licensing statutes to conform to the definition of
license.
Section 7
Conforms the definition of "principal place of
business," for accountants.
Section 8
Conforming language for acupuncture and oriental
medicine.
Section 9
Amends the construction contractors to exempt from
licensing requirements contractors who only perform
contract work related to carpentry, cabinet making,
cement finishing, door repair, drywall installation,
floor sanding, glazing, insulation, iron and steel,
masonry, painting, paving, pipelaying, sheet metal, or
terrazzo.
Section 10
Amends definitions to remove sheet metal from
mechanical contractors.
Section 11
Amends licensing and regulation fees to add conforming
language for chiropractors.
Section 12
Amends publication of applicable law to remove
reference to licensing of collection agencies.
Section 13
Amends the license required statute to remove
collection agencies from required licensure.
Section 14
Amends annual statement of collection to remover
licensing requirements for collection agencies.
Section 15
Adds conforming language to information confidential
statute for collections agencies to remove ability to
revoke a license.
Section 16
Adds conforming language to investigations of
collection agencies to remove licensing reference.
Section 17
Adds conforming language to maintaining actions or
suits on behalf of a collection agency client to
remove reference to licensing.
Section 18
Adds conforming language to duty to maintain public
office for collection agencies to remove reference to
licensing.
Section 19
Adds conforming language for collection agency
operations.
Section 20
Adds conforming language to form submission
requirements for collection agencies.
Section 21
Changes the definition of collection agency from
"licensed" to "engaging in the collection agency
business."
Section 22
Conforming language for collection agencies.
Section 23
Amends dental hygienist language to conform to
universal reciprocity language in this bill.
Section 24
Amends dentistry statute to require an applicant for a
specialist license to meet the requirements of the
profession but not current licensure statutes, to
conform with reciprocity language in this bill.
Section 25
Amends architects, engineers, land surveyors, and
landscape architects to remove board requirement to
approve comity of applications to conform with
reciprocity language in this bill.
Section 26
Removes comity provision for registration of
professional architects, professional engineers, land
surveyors, of landscape architects to conform with
reciprocity language in this bill.
Section 27
Amends fees for medical professionals to eliminate
license by endorsement to conform with universal
reciprocity language in this bill.
Section 28
Amends midwives' statute to eliminate reference to
licensure by credentials to conform with reciprocity
language in this bill.
Section 29
Amends optometrist statute to remove reference to
licensing for dispensing opticians.
Section 30
Amends board of pharmacy statute to remove reference
to dispensing opticians' licensure.
Section 31
Amends pharmacists and pharmacies to remove license by
transfer to conform to universal reciprocity in this
bill.
Section 32
Adds conforming language to dispensing opticians.
Section 33
Amends physical therapists and occupational therapists
to conform with reciprocity language in this bill.
Section 34
Adds conforming language to temporary permits for
physical and occupational therapists to conform with
reciprocity language in this bill.
Section 35
Adds conforming language to temporary permits for
social work practice.
Section 36
Amends definition of health care provider to eliminate
dispensing optician.
Section 37
Adds to criminal justice background requirements for
applicators of pesticides and broadcast chemicals if
required by the department.
Section 38
Amends license, tags, and subsistence permits statute
to removes reference to licensure for taxidermy and
control of nuisance wild birds and nuisance wild small
mammals.
Section 39
Conforming language for nuisance wild birds and small
animals.
Section 40
Amends the licensing statute to limit fees collected
by the state for emergency medical practitioners'
licenses to the national average fees for those
occupations.
Section 41
Adds a new section to the emergency medical
practitioners' licensing statute to require department
to issue licenses to an applicant for a license which
the applicant holds a comparable license in another
jurisdiction. The applicant must hold a current
license in another state, district, or territory of
the United States and has actively used the license
during the past two years. Fingerprint and criminal
history checks will be required if required for a
license. Applicants must be in good standing in their
existing license issuing jurisdiction.
Section 42
Amends definition of health care provider to remove
reference to dispensing optician licensure.
Section 43
Amends the school bus drivers' licensing statute to
require department to issue licenses to an applicant
for a license which the applicant holds a comparable
license in another jurisdiction. The applicant must
hold a current license in another state, district, or
territory of the United States and has actively used
the license during the past two years.
Section 44
Amends the commercial motor vehicles licensing statute
to require department to issue licenses to an
applicant for a license which the applicant holds a
comparable license in another jurisdiction. The
applicant must hold a current license in another
state, district, or territory of the United States and
has actively used the license during the past two
years.
Section 45
Refers to language under Section 46.
Section 46
Adds new language to commercial driver's license
statute to limit fees collected by the state for
licenses to the national average fees for that
occupation.
Section 47
Amends commercial driver's license statutes to reflect
universal reciprocity requirements in this bill.
Section 48
Amends the Alaska business and license act to require
occupations whose license requirements are being
removed to continue to comply with all regulatory
provisions for that occupation.
Section 49
Amends the licensing statute to limit fees collected
by the state for pesticides and broadcast handlers'
licenses to the national average fees for those
occupations.
Section 50
Adds a new section to the pesticides and broadcast
chemical licensing statute to require department to
issue licenses to an applicant for a license which the
applicant holds a comparable license in another
jurisdiction. The applicant must hold a current
license in another state, district, or territory of
the United States and has actively used the license
during the past two years. Fingerprint and criminal
history checks will be required if required for a
license. Applicants must be in good standing in their
existing license issuing jurisdiction.
Section 51
Repeals subsections of the centralized licensing
statute that remove licensing requirements, allow for
reciprocity or fees in current statutes that are being
superseded in this bill.
License requirements that are repealed in this bill
are: dispensing opticians, collection agencies,
commercial removal of nuisance wild birds and small
animals, taxidermy, and specialty contractors who only
perform contract work related to carpentry, cabinet
making, cement finishing, door repair, drywall
installation, floor sanding, glazing, insulation, iron
and steel, masonry, painting, paving, pipelaying,
sheet metal, or terrazzo.
Repealed statutes for conforming purposes include:
barbering, hairdressers, or aestheticians, behavioral
analysts, operator of a collection agency, collection
agents, professional counselors, dental hygienists,
dentistry, dieticians and nutritionists, medical
examiners, morticians, architecture, big game guides,
massage therapists, marital and family therapy,
physician, osteopath, podiatry, and midwives, motor
vehicle dealers, practical nurse applicants, nursing
fees, nursing home administrator, dispensing
opticians, contact lens dispensers, optometry,
pharmacists, physical therapists, phycologists and
psychological associates, and veterinary medicine.
Section 52
Provides for a transition: on or after July 1, 2025, a
person who holds a valid license, certificate,
registration, or endorsement by reciprocity, comity,
credentials, may continue to practice under the
license, permit, registration, of endorsement until it
expires normally or is suspended or revoked.
Section 53
Provides for an effective date of July 1, 2025.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 277 Presentation.pdf |
HL&C 4/26/2024 3:15:00 PM |
HB 277 |
| CS HB 277 v.B.pdf |
HL&C 4/26/2024 3:15:00 PM |
HB 277 |
| CS HB 277 v.B Sponsor Statement.pdf |
HL&C 4/26/2024 3:15:00 PM |
HB 277 |
| CS HB 277 v.B Sectional Analysis.pdf |
HL&C 4/26/2024 3:15:00 PM |
HB 277 |
| CS HB 277 v.S.pdf |
HL&C 4/26/2024 3:15:00 PM |
HB 277 |
| CS HB 277 (W&M) v.S Sponsor Statement.pdf |
HL&C 4/26/2024 3:15:00 PM |
HB 277 |
| CS HB 277 (W&M) v.S Sectional Analysis.pdf |
HL&C 4/26/2024 3:15:00 PM |
HB 277 |