Legislature(2023 - 2024)SENATE FINANCE 532
04/04/2023 09:00 AM Senate FINANCE
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| SB22 | |
| SB74 || SB75 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 22 | TELECONFERENCED | |
| + | SB 74 | TELECONFERENCED | |
| + | SB 75 | TELECONFERENCED | |
| + | TELECONFERENCED |
SENATE FINANCE COMMITTEE
April 4, 2023
9:17 a.m.
9:17:18 AM
CALL TO ORDER
Co-Chair Olson called the Senate Finance Committee meeting
to order at 8:53 a.m.
MEMBERS PRESENT
Senator Lyman Hoffman, Co-Chair
Senator Donny Olson, Co-Chair
Senator Bert Stedman, Co-Chair
Senator Click Bishop
Senator Jesse Kiehl
Senator Kelly Merrick
Senator David Wilson
MEMBERS ABSENT
None
ALSO PRESENT
Senator Elvi Gray-Jackson, Sponsor; Besse Odom, Staff,
Senator Gray-Jackson; Kate Sheehan, Director, Division of
Personnel and Labor Relations, Department of
Administration; Jasmin Martin, Staff, Senator David Wilson;
Sylvan Robb, Director, Division of Corporations, Business
and Professional Licensing, Department of Commerce,
Community and Economic Development.
PRESENT VIA TELECONFERENCE
Michael Patterson, Party for Socialism and Liberation,
Anchorage; Ian Hartman, Allies for Change, Anchorage; Anna
Bosin, Alaska Black Caucus, Allies for Change, Anchorage;
Jasmin Smith, Business Owner, Juneteenth Coordinator,
Anchorage; Erin Jackson-Hill, Stand Up Alaska, Anchorage;
Rozlyn Grady-Wyche, Alaska Coalition of BIPOC Educators,
Anchorage; Ty Tigner, Executive Director, Presbyterian
Hospitality House, Fairbanks; Sophia Metters, Vice-
president, Juneteenth Anchorage, Anchorage; Jeffrey Rosa,
Physical Therapy Compacts, Virginia; Erick Cordero, Alaska
Policy Forum, Palmer; Kelly Michelle Chick, Physical
Therapist, Ketchikan.
SUMMARY
SB 22 PROCLAIM JUNETEENTH DAY A HOLIDAY
SB 22 was HEARD and HELD in committee for further
consideration.
SB 74 PHYSICAL THERAPY LICENSURE COMPACT
SB 74 was HEARD and HELD in committee for further
consideration.
SB 75 AUD. & SPEECH-LANG INTERSTATE COMPACT
SB 75 was HEARD and HELD in committee for further
consideration.
SENATE BILL NO. 22
"An Act establishing Juneteenth Day as a legal
holiday."
9:18:41 AM
SENATOR ELVI GRAY-JACKSON, SPONSOR, introduced the bill.
She presented, "Senate Bill 22, 'An act establishing
Juneteenth Day as legal holiday'" (copy on file).
9:22:26 AM
BESSE ODOM, STAFF, SENATOR GRAY-JACKSON, discussed the
Sectional Analysis (copy on file):
Section 1. This section amends AS 44.12.010(a), the
Statute regarding legal holidays. Specifically, it
requires that June 19th, known as Juneteenth Day, be
considered a legal holiday.
Section 2. This section amends AS 44.12.020, the
statute regarding holidays that fall on a Sunday, with
conforming language that reflects section 1 of this
bill.
Section 3. This section repeals AS 44.12.090.
9:23:32 AM
MICHAEL PATTERSON, PARTY FOR SOCIALISM AND LIBERATION,
ANCHORAGE (via teleconference), spoke in support of the
legislation. He stated that Juneteenth was his favorite day
of the year, and remarked that it was one of the few days
that he gets to celebrate his community.
9:28:22 AM
IAN HARTMAN, ALLIES FOR CHANGE, ANCHORAGE (via
teleconference), testified in support of the legislation.
9:32:03 AM
ANNA BOSIN, ALASKA BLACK CAUCUS, ALLIES FOR CHANGE,
ANCHORAGE (via teleconference), spoke in support of the
bill.
9:35:16 AM
JASMIN SMITH, BUSINESS OWNER, JUNETEENTH COORDINATOR,
ANCHORAGE (via teleconference), spoke in support of the
bill.
9:37:41 AM
Co-Chair Olson stated that the committee would "continue
with public testimony."
9:37:47 AM
ERIN JACKSON-HILL, STAND UP ALASKA, ANCHORAGE (via
teleconference), testified in support of the bill.
9:41:09 AM
ROZLYN GRADY-WYCHE, ALASKA COALITION OF BIPOC EDUCATORS,
ANCHORAGE (via teleconference), spoke in support of the
legislation.
9:44:17 AM
TY TIGNER, EXECUTIVE DIRECTOR, PRESBYTERIAN HOSPITALITY
HOUSE, FAIRBANKS (via teleconference), testified in support
of the bill.
SOPHIA METTERS, VICE-PRESIDENT, JUNETEENTH ANCHORAGE,
ANCHORAGE (via teleconference), spoke in support of the
legislation.
Co-Chair Olson CLOSED public testimony.
Co-Chair Olson noted that there were two fiscal notes.
9:48:08 AM
KATE SHEEHAN, DIRECTOR, DIVISION OF PERSONNEL AND LABOR
RELATIONS, DEPARTMENT OF ADMINISTRATION, stated that the
fiscal note was indeterminate.
Senator Wilson wondered whether the possible $4.3 million
was for an average workday.
9:50:22 AM
Ms. Sheehan replied that it was what was paid for a current
state holiday.
Senator Wilson surmised that it was the total cost of a
current state holiday.
Ms. Sheehan agreed.
Senator Kiehl surmised that the money was the amount of
coded holiday pay, and wondered whether there was an offset
in reduction of general pay.
Ms. Sheehan replied that there could be a change, because
not every holiday may take the holiday. She stated that the
additional holiday needed to be within the collective
bargaining agreement.
Senator Kiehl wanted to determine the net cost.
Ms. Sheehan stated that there would be a make up that would
be paid for later.
Co-Chair Olson determined that there was no additional cost
in the fiscal note.
Ms. Sheehan replied that there would be an additional cost
of minimum $4.3 million.
Co-Chair Olson wondered how many employees would be
affected, specifically the 24-hour employees.
Ms. Sheehan replied that there were contractual provisions
that needed to be bargained with personnel regulations.
Senator Merrick wondered whether there were any state
holidays that employees did not get the day off from work.
Ms. Sheehan replied that there were some agreements with
unions that got extra pay.
9:55:33 AM
Senator Wilson wondered whether there were state holidays
that were unpaid holidays.
Ms. Sheehan replied that the only state holidays that were
paid were in the personnel rule.
Co-Chair Olson queried the cost of adding a holiday without
the offset of cost.
Ms. Sheehan replied that she did not know.
Senator Wilson commented that the bill could possibly
switch to Sewards Day. He felt that Seward was a staunch
advocate and was a strong historical figure in the state.
He was deeply opposed to changing the holiday. He expressed
concern about the possibility of tearing down the statue of
Seward. He shared that he did not have "allies", and did
not know what that term was in the Black community. He also
was offended by the term "BIPOC" (Black, Indigenous, People
of Color). He felt that the best bill to save minority
lives was SB 58, because it pertained to Medicaid. He
stated that he had spoken with the sponsor about his
concerns, and remarked that it was difficult to have an
honest conversation about the bill. He wanted to take time
to evaluate the cost of the holiday.
Co-Chair Olson agreed about the deep assertions of Seward.
9:59:55 AM
Senator Kiehl remarked that the holidays were about
symbolic significance, and the state could do more to honor
the purpose of Juneteenth.
10:01:26 AM
Senator Gray-Jackson remarked that she was offended at the
assertion that the statue of Seward would be torn down. She
stressed that she had high respect for Seward and Seward's
Day.
Ms. Odom discussed the presentation, "Senate Bill 22" (copy
on file). She displayed slide 2, "What is Juneteenth?"
.notdef Also known as Freedom Day, Jubilee Day, Emancipation
Day or Liberation Day, the word 'Juneteenth' resulted
from the words 'June Nineteenth' being combined
together in speech.
.notdef In 1863, President Lincoln issued the Emancipation
Proclamation that freed enslaved people in Texas and
all rebellious parts of Southern secessionist states
of the Confederacy. However, it was only through the
13th Amendment that emancipation ended slavery
throughout America. Two years later, Union troops
arrived in Galveston, Texas to announce that enslaved
people were free by executive decree. This marked the
end of 200 plus years of the enslavement of Black
Americans! Enslaved people in Texas found out they
were free nearly 3 years after the fact.
.notdef In Galveston, Texas, the newly freed individuals
held large public celebrations and so laid the base
for future Juneteenth activities across America.
Senator Gray-Jackson addressed slide 3, "Recognition Of The
Day":
.notdef Texas was the first state to pass legislation that
would require that Juneteenth be observed as a state
holiday in 1980. Followed by:
.notdef Florida (1991)
.notdef Oklahoma (1994)
.notdef Minnesota (1996)
.notdef Delaware (2000)
.notdef Idaho (2001)
.notdef Various companies observe the holiday:
.notdef Tesla
.notdef Nike
.notdef Target
.notdef NFL
.notdef Lyft
.notdef Juneteenth celebrations are also held in other
countries around the world, including South Korea,
Israel, France, Guam, Honduras, Japan, Taiwan, and
Trinidad and Tobago.
Senator Gray-Jackson looked at slide 4, "Paid Holiday
Recognition":
.notdef On June 11, 2021 President Biden signed a bill
making Juneteenth a federal holiday. It is now one of
11 official federal holidays or 12 for federal
workers in the District of Columbia and surrounding
areas during presidential inauguration years meaning
that federal workers get a paid day off.
.notdef Most recently, the Anchorage Assembly voted
unanimously to make Juneteenth a Municipal holiday.
Senator Gray-Jackson pointed to slide 5, "What Does it Mean
for Juneteenth to Become a State Holiday":
.notdef In some states, people employed by the state may
have a day off work. Stores and other organizations
and businesses are likely to be open as usual, but
some may be closed or have restricted opening hours in
some areas. Many public transit services operate on
their usual schedule, but there may be some changes.
SB 22 was HEARD and HELD in committee for further
consideration.
SENATE BILL NO. 74
"An Act relating to an interstate physical therapy
licensure compact; relating to the licensure of
physical therapists, physical therapist assistants,
occupational therapists, and occupational therapy
assistants; and providing for an effective date."
SENATE BILL NO. 75
"An Act relating to an audiology and speech-language
interstate compact; relating to the practice of
audiology and the practice of speech-language
pathology; and providing for an effective date."
10:08:01 AM
SENATOR DAVID WILSON, SPONSOR, introduced himself.
10:08:07 AM
JASMIN MARTIN, STAFF, SENATOR DAVID WILSON, introduced
herself.
10:08:16 AM
AT EASE
10:09:20 AM
RECONVENED
10:09:37 AM
Ms. Martin introduced each piece of legislation.
Senator Wilson discussed SB 74 and SB 75.
10:16:33 AM
Co-Chair Olson wondered whether the individual had a
license in another state, if Alaska suspended the license.
Ms. Martin replied that the compact had information
sharing, so it would depend on the license of origin.
Co-Chair Olson surmised that the remote state could act
against the licensee, but did not necessarily suspend the
remote license.
Ms. Martin replied in the affirmative, but explained that
the origin state would report the action to the compact.
Senator Kiehl wondered whether Alaska could revoke a
privilege to practice if other remote licenses that were
not from the origin state were penalized.
Ms. Martin deferred to invited testimony.
Co-Chair Olson wondered why there were not federal licenses
instead.
Senator Wilson replied that it was important to have state
sovereignty.
10:20:19 AM
AT EASE
10:22:29 AM
RECONVENED
10:22:43 AM
SYLVAN ROBB, DIRECTOR, DIVISION OF CORPORATIONS, BUSINESS
AND PROFESSIONAL LICENSING, DEPARTMENT OF COMMERCE,
COMMUNITY AND ECONOMIC DEVELOPMENT, introduced herself.
Co-Chair Olson stated that there was also a question from
Senator Kiehl.
Ms. Robb explained that there would be local control over
discipline.
10:24:40 AM
Ms. Martin explained the Sectional Analysis for SB 74 (copy
on file):
Section 1: Amends AS 08 (Business and Professions) .84
(Physical Therapists and Occupational Therapists) .010
(Creation and membership of board).
Page 1, line 5, through page 2, line 8: Adds
implementation of the Interstate Physical Therapy
Licensure Compact to the list of duties of the State
Physical Therapy and Occupational Therapy Board.
Section 2: Amends AS 08 (Business and Professions) .84
(Physical Therapists and Occupational Therapists) .030
(Qualification for licensing).
Page 2, line 9, through line 28: Adds section (a)(4)
which requires an applicant for a physical therapist
and a physical therapist assistant license, who is not
a graduate of a school located outside of the United
States, to be fingerprinted and pay fees for a
criminal background check.
Page 2, line 29, through page 3, line 16: Adds section
(b)(4) which requires an applicant for an occupational
therapist or occupational therapist assistant license,
who is not a graduate of a school located outside of
the United States, to be fingerprinted and pay fees
for a criminal background check.
Section 3: Amends AS 08 (Business and Professions) .84
(Physical Therapists and Occupational Therapists) .032
(Foreign-educated applicants).
Page 3, line 17, through page 4, line 15: Adds section
(a)(4) which requires an applicant for a physical
therapist and a physical therapist assistant license,
who is a graduate of a school located outside of the
United States, to be fingerprinted and pay fees for a
criminal background check.
Page 4, line 16, through page 5, line 10: Adds section
(b)(8) which requires an applicant for an occupational
therapist or occupational therapist assistant license,
who is a graduate of a school located outside of the
United States, to be fingerprinted and pay fees for a
criminal background check.
Section 4: Amends AS 08 (Business and Professions) .84
(Physical Therapists and Occupational Therapists) .050
(Fees).
Page 5, line 11, through line 20: Adds fees for
compact privileges to the list of fees the Department
of Commerce, Community, and Economic Development may
charge.
Section 5: Amends AS 08 (Business and Professions) .84
(Physical Therapists and Occupational Therapists) .150
(License required; exception).
Page 5, line 21, through line 29: Adds a privilege to
practice to the list of exceptions under which someone
not licensed in the state may practice physical
therapy.
Section 6: Amends AS 08 (Business and Professions) .84
(Physical Therapists and Occupational Therapists) to
add Article 3.A Interstate Physical Therapy Licensure
Compact.
This section contains the uniform compact language
adopted by all states entering the compact.
Page 6, line 1, through line 4: Introduction to
compact language.
Page 6, line 5, through line 21: Compact Section 1.
Purpose. Defines the purpose of the Interstate
Physical Therapy Licensure Compact.
Page 6, line 22, through page 8, line 19: Compact
Section 2. Definitions: Definition Section.
Page 8, line 20, through page 9, line 14: Compact
Section 3. State Participation in the Compact:
Explains requirements the state must meet to
participate in the agreement.
Page 8, line 21, through page 9, line 6:
(a) The state must: (1) Participate in the
Commission's data system, (2) have a mechanism for
receiving and investigating complaints, (3) notify the
Commission of adverse actions and share investigation
information in regards to a licensee, (4) use a FBI
records search for a criminal background check in
making licensure decisions, (5) comply with the rules
of the commission, (6) utilize a nationally recognized
examination as a requirement for licensure, and (7)
have a continuing competency requirement.
Page 9, line 7, through line 10:
(b) The state must have the authority to obtain
biometric-based information, such as fingerprints, for
applicants.
Page 9, line 11, through line 13:
(c) The state must grant a privilege to practice to a
valid licensee.
Page 9, line 14
(d) The state may charge a fee for a privilege to
practice.
Page 9, line 15, through page 10, line 28: Compact
Section 4. Compact Privilege: Explains the
requirements for obtaining a privilege to practice.
SB 74: PTC 2.20.23 pg. 3
Page 9, line 16, through line 31:
(a) Set the terms which a licensee must meet in order
to obtain a compact privilege.
Page 10, line 1, through line 3:
(b) A compact privilege expires when an underlying
license expires.
Page 10, line 4, through line 5:
(c) A licensee operating in a remote state is subject
to the laws of the remote state.
Page 10, line 6, through line 12:
(d) A licensee operating in a remote state is subject
to the remote's states regulating authority. The
remote state may remove a licensee's privilege to
practice.
Page 10, line 13, through line 16:
(e) A licensee loses their compact privileges if their
home state license is encumbered.
Page 10, line 17, through line 19:
(f) Sets terms by which a licensee can regain a
compact privilege after their license is encumbered.
Page 10, line 20, through line 26:
(g) If a licensee loses their compact privilege in a
remote state, they will lose their compact privilege
in all other remote states until the conditions in
this section are met.
Page 10, line 27, through line 28:
(h) A licensee must meet the requirements in section
(4)(g) and (4)(a) to regain a compact privilege.
Page 10, line 29, through page 11, line 4: Compact
Section 5. Active Duty Military Personnel or their
Spouses: Explains what counts as a home state for
active duty military members and their spouses.
Page 11, line 5, through page 12, line 11: Compact
Section 6. Adverse Actions: This section explains how
the compact, home, and remote states will conduct and
report adverse actions. As well as the consequences
for a physical therapist or physical therapist
assistant who receives adverse actions.
Page 11, line 6, through line 7:
(a) A home state has exclusive power to imposes
adverse action against a license issued in the home
state.
Page 11, line 8, through line 10:
(b) A home state may take action based on the
investigation of a remote state, but it must follow
its own rules and procedures.
Page 11, line 11, through line 16:
(c) Member states may use an alternative program to
disciplinary action. A licensee must agree to not
practice in another member state while in the
alternative program unless they obtain authorization
from the remote state.
Page 11, line 17, through line 20:
(d) A member state may investigate a licensee or
privilege to practice holder's violations in other
member states.
Page 11, line 21, through page 12, line 4:
(e) A remote state may
SB 74: PTC 2.20.23 pg. 4
(1) Take adverse action as laid out in Section 4(d)
against a privilege to practice in the remote state.
(2) Issue subpoenas in the course of their
investigations.
(3) Recover costs of the investigation from the
licensee.
Page 12, line 5, though page 12, line 11:
(f) Joint investigations:
(1) Member states may participate in joint
investigations.
(2) Member states shall share information regarding
investigations in compliance with the Compact.
Page 12, line 12, through page 18, line 12: Compact
Section 7. Establishment of the Physical Therapy
Compact Commission: This section lays out parameters
for the Physical Therapy Compact Commission.
Page 12, line 14, though line 23:
(a) The Compact member states have established the
Physical Therapy Compact Commission. Creation of this
commission is not a waiver of sovereign immunity.
Page 12, line 24, through page 13, line 10:
(b) Each member state is entitled to one delegate
selected from the state licensing board by the state
licensing board. They are entitled to a vote regarding
creation of rules and bylaws and must be allowed to
participate in the business of the commission. The
commission must meet at least once per year.
Page 13, line 11, through page 14, line 19:
(c) Describes the duties and powers of the Commission.
Page 14, line 20, through page 15, line 16:
(d) Describes the duties, powers, and composition of
the Executive Board, as established by the Commission.
Page 15, line 17, though page 16, line 24:
(e) Describes parameters of meetings of the
Commission.
Page 16, line 25, through page 17, line 15:
(f) Describes the how the Commission will be financed
and how and what records must be kept. Requires the
commission to be audited yearly by a certified or
licensed public accountant.
Page 17, line 16, through page 17, line 12:
(g) Defines when the Commission, its members officers,
executive director, employees, or its representatives
have immunity. Defines when the entities must be
defended by the Commission and when they must be
provided indemnification by the commission.
Page 18, line 13, through page 19, line 10: Compact
Section 8. Data System This section denotes the
requirement of sharing licensee information for all
compact states. Notwithstanding any other provision of
state law to the contrary, a compact state shall
submit a uniform dataset to the Coordinated Database
on all PTC physical therapist and physical therapist
assistants to whom this compact is applicable as
required by rules of the Commission. This database
will allow for the expedited sharing of adverse
actions against compact physical therapist and
physical therapy assistants. The coordinated database
information will be expunged by the law of the
reporting compact state.
SB 74: PTC 2.20.23 pg. 5
Page 18, line 14, through line 17:
(a) Requires the Commission to create and maintain a
licensee database and reporting system for information
on licensed individuals in member states.
Page 18, line 18, through page 18, line 29:
(b) Requires the member states to submit relevant data
to the data base on all individuals to whom the
Compact applies.
Page 18, line 30, though line 31:
(c) Requires data in the data system only be shared
with party states.
Page 19, line 1, through line 4:
(d) Requires the Commission to notify any member
states of any adverse action taken against a licensee
(or person applying for a license).
Page 19, line 5, through line 7:
(e) Member states may designate certain information
that may not be shared publicly without express
permission of the contributing state.
Page 19, line 8, through line 10:
(f) Any information submitted that is required by law
to be expunged must be removed from the system.
Page 19, line 11, through page 21, line 31: Compact
Section 9. Rulemaking: This section describes the
process for creating rules that will govern compact
operations once the compact is accepted by the first
ten states.
Page 19, line 12, through line 14:
(a) Allows the Commission to exercise rulemaking
power. Rules are binding on the date specified in
rule.
Page 19, line 15, through line 18:
(b) Allows a majority of legislatures of member states
to reject a rule.
Page 19, line 19, through line 20:
(c) Specifies that rules or amendments must be adopted
at a regular or special meeting of the commission.
Page 19, line 21, through line 29:
(d) Provides process for a Notice of Proposed
Rulemaking as related to promulgation and adoption of
a final rule or rules.
Page 19, line 30, through page 20, line 7:
(e) Specifies what the Notice of Proposed Rulemaking
must include.
Page 20, line 8, through line 10:
(f) Requires the Commission to allow a person to
submit public testimony and information on a rule
which shall be made available to the public prior to
adoption of a rule.
Page 20, line 11, through line 15:
(g) Requires the Commission to hold a public hearing
prior to adoption of a proposed rule if one is
requested by: at least 25 people, a state or federal
subdivision or agency, or an association with at least
25 members.
Page 20, line 16, through line 31:
(h) Sets out parameters by which a public hearing must
be held, noticed, and recorded.
Page 21, line 1, through 3:
(i) Requires the committee to consider all written and
oral comments received on a rule.
SB 74: PTC 2.20.23 pg. 6
Page 21, line 4, though line 6:
(j) Allows the Commission to proceed with promulgation
of a rule with no public hearing if no request for a
public hearing is received.
Page 21, line 7, through line 9:
(k) The Commission shall, based on majority vote of
all members, take action on a rule and effective date
based on the rulemaking record and the full text of
the rule.
Page 21, line 10, through 21:
(l) Stipulates that certain rulemaking requirements
may be waived in the case of an emergency, especially
as those requirements pertain to public notice.
Page 21, line 22, through 31:
(m) Provides a process for fixing a scrivener's error
in an adopted rule.
Page 22, line 1, through page 24, line 1: Compact
Section 10. Oversight, Dispute Resolution, and
Enforcement: This section details the oversight and
enforcement of the compact by member states.
Page 22, line 2, through 15:
(a) Requires member state's executive, legislative,
and judicial branches to enforce the Compact and rules
of the Compact. Requires states to take judicial
notice of the Compact and rules in any relevant
judicial or administrative proceeding in a member
state. Allows the Commission to receive service of
process in any such proceeding.
Page 22, line 16, through 23, line 13:
(b) Sets a process by which a state may be terminated
from the Compact if found in default of the Compact.
Page 22, line 14, through line 19:
(a) Requires the Commission to, upon request of a
member state, attempt to resolve disputes related to
the compact between member states or between member
states and non-member states.
Page 22, line 20, through page 24, line 1:
(c) Allows the Commission to enforce the provisions
and rules of the Compact.
Page 24, line 2, through line 30: Section 11. Date of
Implementation of the Interstate Commission for
Physical Therapy Practice and Associated Rules,
Withdrawal, and Amendment: This section details when
the Compact and rules become effective.
Page 24, line 5, through 10:
(a) This Compact becomes effective on the date of
enactment in the tenth state.
Page 24, line 11, through 15:
(b) Any state which joins the Compact after the
Compact's first adoption of rules is subject to rules
already adopted by the Commission.
Page 24, line 16, through line 23:
(c) Provides information on how a state may withdraw
from the Compact.
Page 24, line 24, through 27:
SB 74: PTC 2.20.23 pg. 7
(d) Clarifies that nothing in this compact prohibits
member states from making agreements with non-member
states, so long as not in conflict with this compact.
Page 24, line 28, through 30:
(e) Sets process by which the Compact may be amended
by member states.
Page 24, line 31, through page 25, line 9: Section 12.
Construction and Severability: This section states
that the compact shall be liberally construed to
effectuate the purpose thereof. If this Compact is
contrary to the constitution of any state member, the
compact shall remain in full force and effect as to
the remaining compact states.
Section 7: Amends AS 12 (Code of Criminal Procedure)
.62 (Criminal Justice Information and Records Checks)
.400 (National criminal history records checks for
employment, licensing, and other noncriminal justice
purpose).
Page 25, line 10, through page 27, line 15: Adds
section (a)(23), adding physical therapists, physical
therapist assistants, occupational therapists, and
occupational therapy assistants to the list of
fingerprints that may be submitted to the FBI for a
national criminal history check.
Section 8: Amends uncodified law. Sets transition
language for physical therapists, physical therapist
assistants, occupational therapists, and occupational
therapy assistants who are currently licensed who have
not been fingerprinted. Allows them to continue to
practice.
Section 9: Effective date. Sets an effective date for
this legislation of July 1, 2024.
10:30:13 AM
Senator Wilson stated that the amendments were drawn up to
help the fiscal impact of the UGF draw.
Co-Chair Olson surmised that the issue was about background
checks.
Senator Wilson agreed.
Co-Chair Olson wondered whether a background check had
resulted in a delay of licensure.
Senator Wilson replied that it was a large piece of the
issue, because safety was required for practitioners. He
could not speak to the specific numbers.
Co-Chair Olson wondered whether there were significant
findings for audiologists or physical therapists in the
background checks that would affect the licensure.
Ms. Martin replied that there were currently no background
check requirements for audiologists, speech pathologists,
or physical therapist. The background check requirements in
the bill was to share with other states in the compact.
Co-Chair Olson asked if other states had significant issues
with background checks.
Ms. Martin deferred to Ms. Robb.
Ms. Robb agreed that it was a new requirement.
Co-Chair Olson asked if other states had significant issues
with background checks.
Ms. Robb replied that she did not know the specifics of
physical therapists or audiologists.
Senator Wilson added that the idea for the background
checks because audiologists could work with vulnerable
populations.
10:35:33 AM
Ms. Martin explained the Sectional Analysis for SB 75 (copy
on file):
Section 1: Amends AS 08 (Business and Professions) .11
(Audiologists and Speech-language Pathologists) .010
(Qualification for audiologist license).
Page 1, line 5, through page 2, line 14: Adds section
(5) which requires an applicant for an audiologist
license to be fingerprinted and pay fees for a
criminal background check.
Section 2: Amends AS 08 (Business and Professions) .11
(Audiologists and Speech-language Pathologists) .015
(Qualifications for speech-language pathologist
license).
Page 2, line 15, through page 3, line 2: Adds section
(6) which requires an applicant for a speech-language
pathologist license to be fingerprinted and pay fees
for a criminal background check.
Section 3: Amends AS 08 (Business and Professions) .11
(Audiologist and Speech-language Pathologists) .050
(Fees).
Page 3, line 2, through line 16: Allows the Department
of Commerce, Community, and Economic Development to
charge fees for a compact privilege.
Section 4: Amends AS 08 (Business and Professions) .11
(Audiologist and Speech-language Pathologists) .100
(Prohibited acts).
Page 2, line 17, through line 29: Allows a person
granted a compact privilege to practice as an
audiologist or speech language pathologist in Alaska.
Section 5: Amends AS 08 (Business and Professions) .11
(Audiologist and Speech-language Pathologists) to add
Article 2. Audiologist and Speech-Language Interstate
Comact.
This section contains the uniform compact language
adopted by all states entering the compact.
Page 4, line 2, through line 4: Introduction to
compact language.
Page 4, line 5, through line 24: Compact Section 1.
Purpose: Defines the purpose of the Interstate
Audiology and Speech Language Pathology Compact.
Page 4, line 25, through page 7, line 9: Compact
Section 2. Definitions: Definition section.
Page 7, line 10, through page 10, line 23: Compact
Section 3. State Participation in the Compact: This
section explains what requirements must be met by
states to join the compact. To provide the services
allowed by this compact the professional must hold a
home state license in a compact state.
Page 7, line 11, through line 14:
(a) Requires members states to allow a privilege to
practice holder to practice in their state.
Page 7, line 15, through line 29:
(b) Requires an FBI fingerprint based criminal
background check.
Page 7, line 30, through page 8, line 4:
(c) Requires a remote state to check the data system
for information on the applying licensee upon
application for a privilege to practice.
Page 8, line 5, through line 7:
(d) Each member state shall require an applicant to
have a home state license.
Page 8, line 8, through page 9, line 10:
(e) Licensure requirements that must be met by member
states for an audiologist.
Page 9, line 11, through page 10, line 4:
(f) Licensure requirements that must be met by member
states for a speech-language pathologist.
Page 10, line 5:
(g) The privilege to practice is derived from the home
state license.
Page 10, line 6, through line 14:
(h) An audiologist or speech-language pathologist is
subject to the laws of the state in which their client
is located.
Page 10, line 15, through line 20:
(i) Individuals not residing in members states may
still apply for member states single-state licenses,
but cannot use these licenses to be eligible for
compact privileges.
Page 10, line 21:
(j) The state may charge a fee for a privilege to
practice.
Page 10, line 22, through 23:
(k) Member states must comply with the rules of the
Commission.
Page 10, line 24, through page 12, line 13: Compact
Section 4. Compact Privileges: Explains the
requirements the state must meet to participate in the
agreement.
Page 10, line 24, through page 11, line 7:
(a) Sets the terms which a licensee must meet in order
to obtain a compact privilege.
Page 11, line 8, through line 9:
SB 75: ASLP-IC 2.22.23 Pg. 3
(b) A licensee may only hold one home state license at
a time.
Page 11, line 10, through 14:
(c) If a licensee moves member states, they must apply
for a home license in their new state of residence.
Page 11, line 15, through line 16:
(d) An audiologist or speech language pathologist may
apply for licensure in advance of changing states.
Page 11, line 17, through line 20:
(e) A new license may not be issued by the new home
state until the licensee has provided proof of change
of residency and have satisfied other requirements for
obtaining a license in the new home state.
Page 11, line 21, through 24:
(f) If a licensee moves to a non-member state, the
license issued in their prior home state is a single
state license and is valid only in the former home
state. They are no longer eligible for compact
privileges.
Page 11, line 25, through 27:
(g) A compact privilege expires when an underlying
license expires.
Page 11, line 28, through 30:
(h) A person practicing under a compact privilege is
subject to the laws and regulations of the remote
state.
Page 11, line 31, through page 12, line 4:
(i) A licensee operating in a remote states is subject
to the remote states regulating authority. The remote
state may remove a licensee's privilege to practice.
Page 12, line 5, through line 8:
(j) A licensee loses their compact privileges if their
home state license is encumbered.
Page 12, line 9, through like 11:
(k) Sets terms by which a licensee can regain a
compact privilege after their license is encumbered.
Page 12, line 12:
(l) A licensee must meet the requirements in section
(4)(j) and (4)(a) to regain a compact privilege.
Page 12, line 14, through 19: Compact Section 5.
Compact Privilege to Practice Telehealth: By accepting
the compact the jurisdiction will allow for the
practice of telehealth.
Page 12, line 20, through 25: Compact Section 6.
Active Duty Military Personnel or Their Spouses:
Active duty military personnel, or their spouse, may
designate a home state where the individual has a
current license in good standing. The individual may
retain the home state designation during the period
the service member is on active duty.
Page 12, line 26, through page 14, line 18: Compact
Section 7. Adverse Actions: This section explains how
the compact, home, and remote states will conduct and
report adverse actions. As well as the consequences
for an audiologist or speech-language pathologist who
receives adverse actions.
Page 12, line 27, through page 13, line 11:
(a) Allows a remote state to take action against an
audiologists or speech language pathologists privilege
to practice within that remote state. A remote state
may not take action against a person's home state
license.
SB 75: ASLP-IC 2.22.23 Pg. 4
Page 13, line 12, through line 15:
(b) A home state shall give the same priority to
information on conduct received from a member state as
it would to conduct in its home state. The home state
shall apply its own laws when determining appropriate
action.
Page 13, line 16, through 21:
(c) If a licensee changes states of primary residence
during the course of an investigation, the original
home state shall complete the investigation. The home
states must report the conclusion of the investigation
to the data system administrator, who will report it
to the new home state.
Page 13, line 22, through 25:
(d) If permitted by state law, a member state may
recover the costs of investigations resulting from any
adverse action taken against a licensee.
Page 13, line 26, through 28:
(e) A member state may take adverse action based on
the findings of a remote state.
Page 13, line 29, through page 14, line 5:
(f) Joint investigations:
(1) Member states may participate in joint
investigations.
(2) Member states shall share information regarding
investigations in compliance with the Compact.
Page 14, line 6, through line 13:
(g) If adverse action is taken against a licensee's
home state license, their privilege to practice is
deactivated until all encumbrances are removed.
Page 14, line 14, through 16:
(h) If a member state takes adverse action, it shall
promptly notify the administrator of data who will in
turn notify the home state.
Page 14, line 17, through 18:
(i) Nothing in this Compact shall override a member
state's decision that participation in an alternative
program may be used in lieu of adverse action.
Page 14, line 19, through page 20, line 26: Compact
Section 8. Establishment of the Audiology and Speech
Language Pathology Compact Commission: This section
establishes the ruling commission of the compact. The
compact is not a waiver of sovereign immunity.
Page 14, line 21, through line 31:
(a) The Compact member states have established the
Audiology and Speech-Language Pathology Compact
Commission. Creation of this commission is not a
waiver of sovereign immunity.
Page 15, line 1, through line 20:
(b) The Commission shall consist of two voting
delegates (one audiologist and one speech-language
pathologist) appointed by each compact state who shall
serve as that state's commissioner. The delegates are
appointed by each states regulatory Board. An
additional five delegates, who are either a public
member or board administrator from a state licensing
board, shall be chosen by the Executive Committee from
a pool of nominees provided by the Commission at
Large. The Commission must meet at least once per
year.
SB 75: ASLP-IC 2.22.23 Pg. 5
Page 15, line 21, through page 16, line 29:
(c) Describes the duties and powers of the Commission.
Page 16, line 30, through page 17, line 11:
(d) Describes some of the duties, powers, and
composition of the Executive Committee, as established
by the commission.
Page 17, line 12, through page 19, line 30:
(e) Describes more duties of the Executive Committee,
describes meeting parameters of the Executive
Committee and of the Commission.
Page 19, line 31, through page 20, line 26:
(f) Defines when the Commission, its members officers,
executive director, employees, or its representatives
have immunity. Defines when the entities must be
defended by the Commission and when they must be
provided indemnification by the Commission.
Page 20, line 27, through 21, line 24: Compact Section
9. Data System: This section denotes the requirement
of sharing licensee information for all compact
states. Notwithstanding any other provision of state
law to the contrary, a compact state shall submit a
uniform dataset to the Coordinated Database on all
ASLP-IC audiologists and speech-language pathologists
to whom this compact is applicable as required by
rules of the Commission. This database will allow for
the expedited sharing of adverse actions against
compact audiologists and speech-language pathologists.
The coordinated database information will be expunged
by the law of the reporting compact state.
Page 20, line 28, through line 31:
(a) Requires the Commission to create and maintain a
licensee database and reporting system for information
on licensed individuals in members states.
Page 21, line 1, through line 12:
(b) Requires the member states to submit relevant data
to the data base on all individuals to whom the
Compact applies.
Page 21, line 13, through 14:
(c) Requires data in the data system only be shared
with party states.
Page 21, line 15, through 18:
(d) Requires the Commission to notify any member
states of any adverse action taken against a licensee
(or a person applying for a license).
Page 21, line 19, through 21:
(e) Member states may designate certain information
that may not be shared publicly without express
permission of the contributing state.
Page 21, line 22, through line 24:
(f) Any information submitted that is required by law
to be expunges must be removed from the system.
Page 21, line 25, through page 24, line 13: Compact
Section 10. Rulemaking: This section describes the
process for creating rules that will govern compact
operations once the compact is accepted by the first
ten states.
SB 75: ASLP-IC 2.22.23 Pg. 6
Page 21, line 26, through 28:
(a) Allows the Commission to exercise rulemaking
power. Rules are binding on the date specified in
rule.
Page 21, line 29, through 22, line 1:
(b) Allows a majority of legislatures of members
states to reject a rule.
Page 22, line 2, through line 3:
(c) Specifies that rules or amendments must be adopted
at a regular or special meeting of the Commission.
Page 22, line 4, through line 12:
(d) Provides process for a Notice of Proposed
Rulemaking as related to promulgation and adoption of
a final rule or rules.
Page 22, line 13, through 21:
(e) Specifies what the Notice of Proposed Rulemaking
must include.
Page 22, line 22, through 24:
(f) Requires the Commission to allow a person to
submit public testimony and information on a rule
which shall be made available to the public prior to
adoption of a rule.
Page 22, line 25, through 29:
(g) Requires the Commission to hold a public hearing
prior to adoption of a proposed rule if one is
requested by: at least 25 people, a state or federal
subdivision or agency, or an association with at least
25 members.
Page 22, line 30, through page 23, line 14:
(h) Sets parameters by which a public hearing must be
held, noticed, and recorded.
Page 23, line 15, through line 17:
(i) Requires the committee to consider all written and
oral comments received on a rule.
Page 23, line 18, through line 20:
(j) Allows the Commission to proceed with promulgation
of a rule with no public hearing if no request for a
public hearing is received.
Page 23, line 21, through 23:
(k) The Commission shall, based on a majority vote of
all members, take action on a rule and effective date
based on the rulemaking record and the full text of
the rule.
Page 23, line 24, through page 24, line 3:
(l) Stipulates that certain rulemaking requirements
may be waived in the case of an emergency, especially
as those requirements pertain to public notice.
Page 24, line 4, through line 13:
(m) Provides a process for fixing a scrivener's error
in an adopted rule.
Page 24, line 14, through page 25, line 2: Compact
Section 11. Oversight, Dispute Resolution, and
Enforcement: This section details the oversight and
enforcement of the compact by member states.
Page 24, line 15, through line 20:
(a) Requires the Commission to, upon request of a
member state, attempt to resolve disputes related to
the compact between member states or between member
states and non-member states.
SB 75: ASLP-IC 2.22.23 Pg. 7
Page 24, line 21, through page 25, line 2:
(b) Allows the Commission to enforce the provisions
and rules of the Compact.
Page 25, line 3, through page 26, line 1: Compact
Section 12. Date of Implementation of the Interstate
Commission for Audiology and Speech-Language Pathology
Practice and Associated Rules, Withdrawal, and
Amendment: This section details when the Compact and
rules become effective.
Page 25, line 7, through 12:
(a) The Compact becomes effective on the date of
enactment in the tenth state.
Page 25, line 13, through 17:
(b) Any state which joins the Compact after Compact's
first adoption of rules is subject to rules already
adopted by the commission.
Page 25, line 18, through 25:
(c) Provides information on how a state may withdraw
from the Compact.
Page 25, line 26, through 29:
(d) Clarifies that nothing in this compact prohibits
member states from making agreements with non-member
states, so long as not in conflict with this compact.
Page 25, line 30, through page 26, line 1:
(e) Sets process by which the Compact may be amended
by member states.
Page 26, line 2, through 12: Compact Section 13.
Construction and Severability: This section states
that this compact shall be liberally construed so as
to effectuate the purpose thereof. If this compact
shall be held contrary to the constitution of any
state member thereto, the compact shall remain in full
force and effect as to the remaining states.
Page 26, line 13, through line 25: Compact Section 14.
Binding Effect of Compact and Other Laws: States that
this compact shall be binding among and upon all
members states and shall supersede any conflict with
state law.
Section 6: Amends AS 12 (Code of Criminal Procedure)
.62 (Criminal Justice Information and Records Checks)
.400 (National criminal history records checks for
employment, licensing, and other noncriminal justice
purpose).
Page 26, line 26, through page 28, line 31: Adds
section (a)(23), adding audiologists and speech-
language pathologists to the list of fingerprints that
may be submitted to the FBI for a national criminal
history check.
Section 7: Amends uncodified law. Sets transition
language for audiologists and speech-language
pathologists who are currently licensed who have not
been fingerprinted. Allows them to continue to
practice.
Section 8: Effective Date. Sets an effective date for
this legislation of July 1, 2024.
Senator Kiehl noted that each bill has some liability
shield language.
Senator Wilson asked for specific pages.
Senator Kiehl looked at SB 74, page 17, lines 16 through
26, and asked about the liability shield language.
Ms. Martin deferred to Mr. Rosa.
10:41:20 AM
JEFFREY ROSA, PHYSICAL THERAPY COMPACTS, VIRGINIA (via
teleconference), spoke in support of the legislation.
Senator Kiehl asked what would happen if a home state did
not act on the license, but other remote states had action
against a license.
Mr. Rosa replied that it was not straightforward.
Co-Chair Olson OPENED public testimony.
10:51:57 AM
ERICK CORDERO, ALASKA POLICY FORUM, PALMER (via
teleconference), testified in support of the legislation.
10:53:54 AM
KELLY MICHELLE CHICK, PHYSICAL THERAPIST, KETCHIKAN (via
teleconference), spoke in support of the bill.
11:00:43 AM
Ms. Robb addressed the fiscal note for SB 74.
SB 74 was HEARD and HELD in committee for further
consideration.
SB 75 was HEARD and HELD in committee for further
consideration.
ADJOURNMENT
11:02:43 AM
The meeting was adjourned at 11:02 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 22 ver A Presentation 1.19.2023 - Elvi (002).pdf |
SFIN 4/4/2023 9:00:00 AM |
SB 22 |
| Sponsor Statement for SB 22 version A.pdf |
SFIN 4/4/2023 9:00:00 AM |
SB 22 |
| Section Analysis for SB 22.pdf |
SFIN 4/4/2023 9:00:00 AM |
SB 22 |
| SB 22 - Supporting Document - What is Juneteenth.pdf |
SFIN 4/4/2023 9:00:00 AM |
SB 22 |
| SB 22 Public Testimony Packet 1.pdf |
SFIN 4/4/2023 9:00:00 AM |
SB 22 |
| SB 22 supporting Document - Letters of Support.pdf |
SFIN 4/4/2023 9:00:00 AM |
SB 22 |