Legislature(2023 - 2024)BELTZ 105 (TSBldg)
05/10/2023 01:30 PM Senate LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| Presentation(s): Trauma-informed and Resilience-building Workforces and Workplaces | |
| SB73 | |
| SB60 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 73 | TELECONFERENCED | |
| += | SB 60 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
May 10, 2023
1:41 p.m.
MEMBERS PRESENT
Senator Jesse Bjorkman, Chair
Senator Elvi Gray-Jackson
Senator Forrest Dunbar
MEMBERS ABSENT
Senator Click Bishop, Vice Chair
Senator Kelly Merrick
COMMITTEE CALENDAR
PRESENTATION(S): TRAUMA-INFORMED AND RESILIENCE-BUILDING
WORKFORCES AND WORKPLACES
- HEARD
SENATE BILL NO. 73
"An Act relating to registered interior designers and interior
design; establishing requirements for the practice of registered
interior design; renaming the State Board of Registration for
Architects, Engineers, and Land Surveyors the State Board of
Registration for Design Professionals; relating to the State
Board of Registration for Design Professionals; relating to
liens for labor or materials furnished; relating to the
procurement of interior design services; and providing for an
effective date."
- MOVED CSSB 73(L&C) OUT OF COMMITTEE
SENATE BILL NO. 60
"An Act repealing the Workers' Compensation Appeals Commission;
relating to decisions and orders of the Workers' Compensation
Appeals Commission; relating to superior court jurisdiction over
appeals from Alaska Workers' Compensation Board decisions;
repealing Rules 201.1, 401.1, and 501.1, Alaska Rules of
Appellate Procedure, and amending Rules 202(a), 204(a) - (c),
210(e), 601(b), 602(c) and (h), and 603(a), Alaska Rules of
Appellate Procedure; and providing for an effective date."
- MOVED SB 60 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 73
SHORT TITLE: REGISTER INTERIOR DESIGNERS
SPONSOR(s): SENATOR(s) CLAMAN
02/17/23 (S) READ THE FIRST TIME - REFERRALS
02/17/23 (S) L&C, FIN
04/10/23 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
04/10/23 (S) <Bill Hearing Canceled>
04/12/23 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
04/12/23 (S) Heard & Held
04/12/23 (S) MINUTE(L&C)
04/21/23 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
04/21/23 (S) Heard & Held
04/21/23 (S) MINUTE(L&C)
04/24/23 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
04/24/23 (S) Heard & Held
04/24/23 (S) MINUTE(L&C)
05/03/23 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
05/03/23 (S) <Bill Hearing Canceled>
05/10/23 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 60
SHORT TITLE: REPEAL WORKERS' COMP APPEALS COMMISSION
SPONSOR(s): SENATOR(s) WIELECHOWSKI
02/06/23 (S) READ THE FIRST TIME - REFERRALS
02/06/23 (S) L&C, JUD
02/27/23 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/27/23 (S) Heard & Held
02/27/23 (S) MINUTE(L&C)
05/10/23 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
VICKIE CHOITZ, Director
Corporation for a Skilled Workforce
Ann Arbor, Michigan
POSITION STATEMENT: Presented a slideshow titled Trauma and
Resilience at Work.
BREANNA KAKARUK, Staff
Senator Matt Claman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Gave a recap of SB 73.
KONRAD JACKSON, Staff
Senator Jesse Bjorkman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the summary of changes from
version S to version D for SB 73.
DAVID DUNSMORE, Staff
Senator Bill Wielechowski
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Gave a recap of SB 60.
CHARLES COLLINS, Director
Division of Workers' Compensation
Department of Labor and Workforce Development (DOLWD)
Juneau, Alaska
POSITION STATEMENT: Responded to questions on SB 60.
NANCY MEADE, General Counsel
Alaska Court System
Anchorage, Alaska
POSITION STATEMENT: Responded to questions on SB 60.
ACTION NARRATIVE
1:41:12 PM
CHAIR JESSE BJORKMAN called the Senate Labor and Commerce
Standing Committee meeting to order at 1:41 p.m. Present at the
call to order were Senators Dunbar, Gray-Jackson, and Chair
Bjorkman.
^PRESENTATION(S): TRAUMA-INFORMED AND RESILIENCE-BUILDING
WORKFORCES AND WORKPLACES
PRESENTATION(S): TRAUMA-INFORMED AND RESILIENCE-BUILDING
WORKFORCES AND WORKPLACES
1:42:17 PM
CHAIR BJORKMAN announced a presentation titled Trauma-Informed
and Resilience-Building Workforces and Workplaces. He briefly
introduced the presenter and invited her to put herself on the
record and begin her slideshow.
1:44:47 PM
VICKIE CHOITZ, Director, Corporation for a Skilled Workforce
(CSW), Ann Arbor, Michigan, presented a slideshow on Trauma-
Informed and Resilience-Building Workforces and Workplaces. She
reviewed slide 2, highlighting the training and support services
CSW provides to nonprofit, public, and private sector workforce
development:
- Strategy Development
- Research and Evaluation
- Trauma and Resilience
CSW built this team over the last year and a half in response
to the increasing toxic stress and trauma in society that is
finding its way into workforces and workplaces. She said CSW
works with federal, state, and local governments, institutions,
educators, and private sector employers to engage in strategy
development to become better trauma-informed and resilience-
building organizations.
- Organizational Coaching and Action Planning
- Research and Field Building
1:46:24 PM
MS. CHOITZ advanced to slide 3 to discuss why CSW does not focus
on mental health but instead focuses on trauma and resilience to
heal and create healthy workplaces. Brain science shows that
toxic stress and trauma are at the root of many mental health
conditions. Increases in anxiety and depression are showing up
at work and affecting work lives. These symptoms can be linked
to childhood trauma, unsafe communities, COVID, and racial
trauma. She reviewed slide 3:
Why Trauma + Resilience + Workplace?
Toxic stress and trauma are at the root of many mental
health conditions.
Unaddressed mental health conditions are costly to
employers.
Toxic stress and trauma undermine ability to succeed
on the job and, sometimes, worker safety.
Toxic and unsupportive workplace cultures fueled the
Great Resignation and led to costly turnover,
absenteeism, low morale and teamwork, and lower
productivity.
1:49:17 PM
MS. CHOITZ reviewed two informative resources explaining some of
these issues on slide 4:
- A CSW webinar prepared for the U.S. Department of Labor
touches on the brain science behind trauma and resilience,
what happens in the brain, and why it can lead to unfortunate
workplace outcomes.
- A CSW prepared a slide deck and recording called Detroit at
Work to train and coach the Detroit, Michigan Public Workforce
Development System to improve its workplace culture.
1:50:13 PM
MS. CHOITZ advanced to slide 5 to acknowledge what she considers
the missing piece in the workplace conversation around workplace
mental health:
The Missing Piece in the Conversation
Clinical
• Mental health diagnoses and treatment
• Referrals, services, insurance
MS. CHOITZ said that many organizations have an individual
clinical focus on mental health diagnosis and treatments. They
provide referrals, services, insurance parity, and employee
assistance programs. These are necessary; however, it is
insufficient to turn around the major challenges attributable to
toxic stress and trauma that so many experience. She said
organizations need to cultivate mentally healthy workplaces.
Workplace Culture
• Cultivate a mentally-healthy workplace
• Universal precaution design
MS. CHOITZ said the best example of universal precaution design
is curb cuts. These are ramps cut into the curb for people who
use wheelchairs and secondarily have proved useful for:
- pushing baby carriages,
- pulling carts filled with groceries,
- stepping up on a difficult-to-manage curb,
- toddlers on tricycles, and
- people on bicycles.
MS. CHOITZ said curb cuts were designed for one type of
population but benefited a wide variety of others. This is how
CSW thinks about building healthier workplace cultures. They
were initially built for people with mental health conditions or
struggling with toxic stress and trauma, but they benefit the
entire organization. This is not a universal precaution design;
this is how organizations should design workplaces considering
the number of people with toxic stress and trauma. Studies show
that 60 to 70 percent of adults have had adverse childhood
experiences (ACES), traumas that occurred before age 18. The
effects of ACES do not stop when somebody becomes an adult.
Trauma has a long tail. Unless metabolized or addressed, it will
continue to negatively affect individuals who have experienced
toxic stress and trauma. She said there is a lot of trauma in
our society, including ACES, military veterans with post-
traumatic stress disorder (PTSD), and people suffering from
racial trauma, whether from systemic racism or inter-
generational trauma such as Native Americans experience. It is
good to create workplaces that are more mentally healthy.
1:53:22 PM
MS. CHOITZ advanced to slide 6 to explore what constitutes a
mentally healthy workplace. Some people believe that a mentally
healthy workplace is an abstraction that is hard to measure or
put a framework around; she disagrees. Several frameworks can
help employers work towards more mentally healthy workplaces.
She reviewed slide 6, which examines one of these frameworks
from the Substance Abuse and Mental Health Services
Administration (SAMHSA):
What is a "Mentally Healthy Workplace?"
(adapted from SAMHSA's Six Key Principles)
1. Safety
2. Trustworthiness and Transparency
3. Peer Support
4. Collaboration and Mutuality
5. Empowerment, Voice, and Choice
6. Cultural Humility and Responsiveness
1:54:38 PM
MS. CHOITZ reviewed slide 7 to discuss additional frameworks:
Additional Frameworks
Healing Centered Restorative Engagement
Sanctuary Institute
Trauma-Informed Workplaces
US Surgeon General's Framework for Mental Health and
Well-Being in the Workplace, which is centered on
worker voice and equity:
Protection from Harm
Safety, Security
Connection and Community
Social Support, Belonging
Work-Life Harmony
Autonomy, Flexibility
Mattering at Work
Dignity, Meaning
Opportunity for Growth
Learning, Accomplishment
1:55:48 PM
MS. CHOITZ advanced to slide 8, stating building a trauma-
informed, resilience-building, mentally healthy workplace is a
journey. The first two stages are the awareness phase and can be
accomplished in a short amount of time. It takes time to
integrate the behavior stage. The organizational culture change
takes an investment of at least a year, but probably two or
three years to turn an organization around:
Four Stages in Trauma-Informed Journey
REALIZE
Realizes the widespread impact of trauma and
understands the potential paths for building
resilience.
RECOGNIZE
Recognizes the signs and symptoms of trauma in self,
co-workers, staff, and clients/students
RESPOND
Responds by fully integrating knowledge about trauma
into policies, procedures, and practices.
RESIST
Workplace culture actively resist re-traumatization.
Source: Adapted from SAMHSA - Substance Abuse and Mental Health
Services Administration https://www.samhsa.gov
1:58:19 PM
MS. CHOITZ reviewed slide 9 to discuss what other states are
doing to support mentally healthy workplace cultures:
State Examples
Maryland
Intro Webinar for Dept of Labor staff on Trauma and
Resilience (Awareness)
Massachusetts
Intro Webinar for workforce development staff on
Trauma and Resilience (Awareness);
Center on Child Wellbeing and Trauma
Michigan
Employer workgroup and report;
Resource website: Monthly webinars
(Awareness)
1:59:12 PM
MS. CHOITZ said that the deputy director for the Michigan
Department of Labor is the highest-ranking administrative person
who is focused on this issue nationwide. The deputy director
convened a workgroup made up of employers. The workgroup created
a report with statistics showing how large this problem is for
employers. It provided recommendations on what the private
sector can do and what the State of Michigan can do as a model
employer. The state has a website and does monthly webinars, and
it is working on steps for implementation.
New Hampshire
Pilot program on trauma and healing for two substance
use disorder centers
(Respond)
Oklahoma
Oklahoma Department of Human Services whole agency
initiative to build a hope-centered and trauma-
informed agency
(Resist)
MS. CHOITZ stated that Oklahoma's initiative reduced staff
turnover by 17 percent within three years, so this works.
2:01:05 PM
MS. CHOITZ reviewed slide 10:
City Examples
Chicago
Chicago Resilience Network (CRN)
Chicago Cook Workforce Partnership Youth trauma work
Chicago Jobs Council nonprofit
Detroit
Detroit at Work Trauma and Resilience initiative for
workforce development agency and nonprofits
New York City
Thrive in Your Workplace: Toolkit for Employers-
Redefining Workplace Mental Health
Tools and resources continued through Workforce
Professionals Training Institute
2:03:39 PM
MS. CHOITZ advanced slide 6, which listed six policy suggestions
that she and Senator Gray-Jackson wanted to share with the
Alaska State Legislature for its consideration. She reviewed
slides 11 and 12:
Policy Suggestions
1. State and Legislative offices model trauma-
informed, resilience-building, and mentally
healthy workplaces.
2. Training and organizational coaching for public
agencies and non-profit partners focused on
staff and customers.
3. Funding for employer communities of practice
(COPs), i.e., CRN model; consider industry-
specific COPs.
4. Give procurement preference to employers with
mentally healthy workplaces (based on employee
assessment results) or who are on the journey.
5. Direct the state office focused on workplace
physical safety (OSHA) to establish mental health
safety standards, provide education and technical
assistance, and enforce.
6. Develop a statewide mental health curriculum for
adults in workplaces and workforce development
programs
2:08:19 PM
Slide 12 reads:
Additional Policy Suggestions
1. Support Trauma and Resilience or Mental Health
Ambassadors throughout public systems and across
employers.
2. In human service programs, review policies,
procedures, and performance measures from a
trauma lens: are they trauma-informed or trauma-
inducing (for either staff or clients). What's
missing to be trauma-informed & build resilience?
3. Fund a public campaign to continue to encourage
residents and employers to openly talk about
mental health; continue destigmatization.
4. Using the MA Center on Child Trauma and Wellbeing
as a model, develop a similar center focused on
adults.
2:10:32 PM
MS. CHOITZ reviewed slide 13, which addresses the following:
Essential Criteria
1. Incorporate the voices of those with lived
experience with trauma and mental health
conditions to ground the strategy(s) in reality.
Pay them for their expertise.
2. Ensure strategies and practices are racially,
gender, and culturally relevant to maximize
equity and effectiveness.
3. Go beyond awareness-raising, i.e., 101 webinars,
and mental health resources, to also include
personal behavioral and organizational culture
change.
4. Provide the necessary time and resources to
cultivate actual systems change.
5. Plan for scale and sustainability from the
beginning.
2:12:55 PM
MS. CHOITZ reviewed slide 14, which lists trauma and resilience
resources:
CSW
Trauma and Resilience at Work Quick Guides
National Fund
A Trauma-Informed Approach to Workforce
Labor and Economic Opportunity
Workplace Mental Health
Bessel Van Der Kolk
The Body Keeps the Score
Brain, Mind, and Body in the Healing of Trauma
Campaign for Trauma-Informed Policy and Practice
Pathway to Resilience
2:14:20 PM
MS. CHOITZ advanced to slide 15, which provided her contact
information:
www.skilledwork.org
vchoitz@skilledwork.org
1100 Victors Way
Ann Arbor, MI
(734) 769-2900
2:14:36 PM
SENATOR DUNBAR sought help visualizing what she meant on the
"Policy Suggestion" slides, specifically asking for a concrete
example of a mental health safety standard.
MS. CHOITZ referred the committee to the "Frameworks" slides,
stating these are useful for understanding standards. She
explained that a concrete standard could be autonomy, whether
employees are engaged in directing their work. This provides
workers with:
- the choice of how they do they work;
- the flexibility of getting the work done in a certain way
versus a narrow vision of how it needs to be done; and
- neurodivergent issues multiple ways of getting their work
done.
She said this standard could lead to workplace innovation.
Frontline workers know what can improve workplace practice
better than anybody. It can lead to gains in employer
productivity and help the bottom line.
SENATOR DUNBAR asked how the standard for neurodivergent people
differs from the accommodations provided under the Americans
with Disabilities Act (ADA).
MS. CHOITZ expressed her belief that the ADA standards would be
part of this. However, the standards and culture of a mentally
healthy workplace go beyond that. They encourage supervisors and
managers to work more cooperatively with employees, to bring
them into the conversation, and to have more transparency in
workplace communications. It would be ADA plus additional job
quality standards.
2:18:12 PM
SENATOR GRAY-JACKSON commented that mental health is a crisis in
the country, and people do not want to discuss it. Mental health
is as important as physical health. She expressed appreciation
for all that she learned as a National Mental Health Workforce
Taskforce member. She plans to look deeper into policy
suggestions and recommendations and offer changes at the
legislative level next session.
2:19:30 PM
CHAIR BJORKMAN asked about concrete solutions. Many workplace
problems and stressors come from managers, bosses, and
supervisors who are well-meaning and nice outside of the
workplace, but inside the workplace, some are not. He asked how
the systems presented today can reduce the impact of people who
are not great bosses.
MS. CHOITZ said that bosses who are not great may be struggling
from their own toxic stress or trauma. She explained that
management puts pressure on bosses to produce, and bosses try to
protect their workers from this stress. Their supervisorial
style may be a response to the toxic stress and trauma they are
experiencing. She said that people's brains automatically react
to stress, whether being chased by a bear or in a stressful work
environment. Ways to respond to a stressful work environment are
fight, flight, freeze, submit, or fawn. Some people perceive a
boss with a fight response as mean. She reflected on a former
bully boss who was stressed out from upper-level management and
took it out on those she managed. This bully boss needed to
understand what was happening in her brain and that it was not a
healthy response for anyone in the work environment. Many
frontline staff who do a great job get promoted to managers
without professional development, management, or leadership
training. Providing training alleviates the "bad" boss disaster.
It helps bosses and managers learn how to communicate with their
subordinates, provide more transparency, and feel safe providing
that transparency. Helping people feel physically,
psychologically, and emotionally safe is at the core of a
trauma-informed and resilient workplace. People ball up, get
protective, and defensive when they do not feel safe. Culturally
responsive, trauma-informed, resilience-building workplace
cultures are created when people feel safe sharing information
that is coming from on high and sharing that they may feel
overwhelmed. This creates better bosses and managers.
2:22:59 PM
MS. CHOITZ said this is evident in Detroit, where they see
better bosses and managers. She noted that bosses get a chance
to relieve burdens when they have a safe place to talk about
issues instead of having to internalize the challenges they are
experiencing. This results in much more comfortable, safe,
productive workforces and workplaces.
CHAIR BJORKMAN thanked Ms. Choitz for the presentation.
SB 73-REGISTER INTERIOR DESIGNERS
2:23:52 PM
CHAIR BJORKMAN announced the consideration of SENATE BILL NO. 73
"An Act relating to registered interior designers and interior
design; establishing requirements for the practice of registered
interior design; renaming the State Board of Registration for
Architects, Engineers, and Land Surveyors the State Board of
Registration for Design Professionals; relating to the State
Board of Registration for Design Professionals; relating to
liens for labor or materials furnished; relating to the
procurement of interior design services; and providing for an
effective date."
CHAIR BJORKMAN said this is the fourth hearing of this bill. The
intention is to consider committee substitute (CS), version \D.
He reminded the committee that the motion to adopt the committee
substitute, version U, was withdrawn on April 24. He invited Ms.
Kakaruk to put herself on the record and offer a recap of SB 73.
2:24:52 PM
BREANNA KAKARUK, Staff, Senator Matt Claman, Alaska State
Legislature, Juneau, Alaska, gave a recap of SB 73. This bill
establishes registration for educated and qualified interior
designers wishing to practice registered interior design in
buildings of public occupancy within a regulated scope of
services impacting public safety. SB 73 will ensure designers
practicing in public occupancy buildings are qualified to do so,
providing another measure of public safety protection and risk
mitigation for commercial buildings. This bill will increase the
number of design professionals who are able to work
independently within the commercial real estate industry.
2:25:45 PM
SENATOR DUNBAR commented on the resistance from the architecture
community and requested an update on that and the working group
monitoring the bill.
MS. KAKARUK responded that she and Senator Claman discussed the
CS with the working group last night. She said Senator Claman
considered the working group's preferred changes, relayed them
to the committee, and included them in the CS before the
committee today. This process will be ongoing. Senator Claman
will continue to hear about changes and parlay them to the next
committee of referral.
2:27:42 PM
CHAIR BJORKMAN said today's committee substitute was drafted
following a meeting with stakeholder organizations and
distributed to those organizations and committee members last
week. He solicited a motion.
2:28:00 PM
SENATOR GRAY-JACKSON moved to adopt the committee substitute
(CS) for SB 73, work order 33-LS0244\D, as the working document.
CHAIR BJORKMAN presumably objected for purposes of discussion.
He stated Mr. Jackson will present the summary of changes for
the CS.
2:28:41 PM
KONRAD JACKSON, Staff, Senator Jesse Bjorkman, Alaska State
Legislature, Juneau, Alaska, said this CS, version D, resulted
from meetings with stakeholder groups reaching for consensus. He
noted the CS version /U was not adopted. He presented the
summary of changes from version /S to version/D:
SB 73
Summary of Changes
Version S to Version D
Old sections 1-4 are deleted. Remaining sections are
renumbered.
Section 1: AS 08.48.011(b) is amended to increase the
board from 11 to 13 members. This is accomplished by
removing the restriction allowing one electrical
engineer or one mechanical engineer. The new language
allows for one of each. An interior designer position
is added to the board. (Immediate effective date)
2:30:42 PM
At ease.
2:31:10 PM
CHAIR BJORKMAN reconvened the meeting.
2:31:18 PM
MR. JACKSON continued reviewing the summary of changes:
Section 2: (Renumbered old section 5) AS 08.48.011 (b)
is amended to rename the "interior designer" position
on the board to a "registered interior designer".
Effective with the Section 38 transition language.
MR. JACKSON said Section 2 is a conforming change that once
established and the qualifications are deemed appropriate, the
"interior designer" on the board would be considered a
"registered interior designer."
Section 3. AS 08.48.011(c) is amended to allow more
than one electrical engineer or more than one
mechanical engineer to serve simultaneously on the
board if a member of the other profession is not
available to fill the position designated for that
profession.
[Technical audio difficulty.]
2:32:06 PM
At ease.
2:33:14 PM
CHAIR BJORKMAN reconvened the meeting.
2:33:23 PM
MR. JACKSON supplemented the explanation of Section 3. He
continued reviewing the summary of changes:
Sections 4-5-6-7. Amended and renumbered old sections
to conform with the addition of "registered" to the
"interior designer" title.
Section 8. Old section 10 is deleted and replaced with
language to conform with the addition of "registered"
to the "interior designer" title.
Sections 9-10. Renumbered former sections 11-12.
Section 11. Renumbered former section 13. Inserts
"registered" to the "interior designer" title.
Sections 12 & 13. Renumbered former sections 14 and
15, respectively.
2:35:13 PM
SENATOR DUNBAR sought confirmation that either the word
"registered" was added or the sections were renumbered for those
sections up through Section 26.
MR. JACKSON replied that looks to be the case, though some
sections do both. The summary of changes for Sections 14 through
26 reads:
Section 14. Renumbered former section 16. Inserts
"registered" to the "interior designer" title.
Sections 15 & 16. Renumbered former sections 17 and
18. Conforming changes to add "registered" to the
"interior designer" title.
Section 17. Renumbered former section 19.
Section 18. Renumbered former section 20. Inserts
"registered" to the "interior designer" title.
Sections 19-25. Renumbered former section 21-27.
Section 26. Renumbered former section 28. Inserts
"registered" to the "interior designer" title.
2:35:46 PM
CHAIR BJORKMAN asked Mr. Jackson to continue the summary of
changes starting at Section 27.
MR. JACKSON continued presenting the summary of changes from
Section 27:
Section 27. Renumbered former section 29. Amends AS
08.48.331 (a) by deleting the reference on page 13,
line 21 in paragraph (8) to a person "other than a
person providing interior design services". Amends new
paragraph (15) by removing the reference to (6) (A)
and (B) of this subsection.
Old Section 30 is deleted.
Section 28. Amends AS 08.48.331 by adding new
subsection (c) requiring an interior designer be
registered if practicing interior design which affects
the public health, safety or welfare, as determined by
the board.
Section 29. Renumbered former section 31 and inserts
"registered" to the "interior designer" title.
Section 30. Amends AS 08.48.341 (25) by simplifying
the definition of a registered interior designer and
removing paragraph (B) which listed practices which
were not permitted by registered interior designers.
Old sections 33 and 34 are deleted.
Section 31. Renumbered former section 35.
Section 32. Amends former section 36. Inserts
"registered" to the "interior designer" title.
Sections 33-36. Amends former sections 37-40. Inserts
"registered" to the "interior designer" title.
Old sections 41 and 42 are deleted.
2:38:02 PM
Section 37. Renumbers former section 43 and changes
references former sections 1-42 to sections 2-36.
Section 38. Adds new transition language requiring the
interior designer appointed to the board be certified
by the Council for Interior Design Qualification and
must have resided in the state for at least three
years immediately preceding the appointment.
Additionally, allows for an interior designer to hold
the board seat until a registered interior designer is
appointed to the seat, subject to meeting certain
requirements.
Section 39. Renumbered former section 44.
Sections 40 and 41. Renumbered and conforming changes
to former sections 45 and 46.
2:39:22 PM
SENATOR DUNBAR asked what the primary, substantive issues were
that architects raised and this CS addresses.
MR. JACKSON referred to a large change made to the bill, which
affects AS 08.48.181 in Section 10, version S. He noted the
change removes a reference to an examination administered by the
Council for Interior Design Qualification.
MR. JACKSON referred to another significant change to the bill,
which affects AS 08.48.341 in Section 32, version S. He advised
that this change removes the "does not include" language in
subparagraph (B) regarding the practice of registered interior
design.
2:41:24 PM
SENATOR DUNBAR referred to Section 10, version S. He asked
whether any direction is provided as to what kind of examination
is needed to qualify as a registered interior designer if the
following language is removed from the bill: "... standards must
include successfully completing the examination administered by
the Council for Interior Design Qualification or its successor."
MR. JACKSON apologized, stating he misspoke about the deletion
of that language. He corrected himself, advising this is part of
the new transition language in Section 38, version /D. That
language is still in place.
MR. JACKSON said there is another substantive change.
2:43:31 PM
At ease.
2:44:22 PM
CHAIR BJORKMAN reconvened the meeting. He asked Mr. Jackson to
resume outlining the agreed-upon changes between the working
group of interior designers and architects.
2:44:36 PM
MR. JACKSON explained that the definition of the "practice of
registered interior design" work was simplified in Section 30 of
version /D, and the two stakeholders agreed on the language. He
expressed his belief that the simplified language and removing
language prohibiting certain actions and activities provide an
adequate definition.
2:45:42 PM
CHAIR BJORKMAN removed his objection. Finding no further
objection CSSB 73, work order 33-LS0244\D, was adopted as the
working document.
CHAIR BJORKMAN said the outcome of this bill is that individuals
trained in interior design can register as interior designers
and stamp their own work. He noted that SB 73 does not preclude
individuals from practicing interior design under the
supervision of an architect; they may continue to do so. This
bill allows individuals who want to register as interior
designers and sign off on their own work to fall under the
regulation of the State Board of Registration for Architects,
Engineers, and Land Surveyors, which will have more oversight
over their practice. He solicited the will of the committee.
2:46:52 PM
SENATOR GRAY-JACKSON moved to report CSSB 73, work order 33-
LS0244\D, from committee with individual recommendations and
attached fiscal note(s).
CHAIR BJORKMAN found no objection and CSSB 73(L&C) was reported
from the Senate Labor and Commerce Standing Committee.
2:47:14 PM
At ease.
SB 60-REPEAL WORKERS' COMP APPEALS COMMISSION
2:48:44 PM
CHAIR BJORKMAN reconvened the meeting and announced the
consideration of SENATE BILL NO. 60 "An Act repealing the
Workers' Compensation Appeals Commission; relating to decisions
and orders of the Workers' Compensation Appeals Commission;
relating to superior court jurisdiction over appeals from Alaska
Workers' Compensation Board decisions; repealing Rules 201.1,
401.1, and 501.1, Alaska Rules of Appellate Procedure, and
amending Rules 202(a), 204(a) - (c), 210(e), 601(b), 602(c) and
(h), and 603(a), Alaska Rules of Appellate Procedure; and
providing for an effective date."
CHAIR BJORKMAN invited Mr. Dunsmore to put himself on the record
and recap the bill. He said this bill was first heard on
February 27.
2:49:14 PM
DAVID DUNSMORE, Staff, Senator Bill Wielechowski, Alaska State
Legislature, Juneau, Alaska, said SB 60 would repeal the Alaska
Workers' Compensation Appeals Commission (WCAC), which handles
appeals directly from the Alaska Workers' Compensation Board.
SB 60 would restore jurisdiction of those appeals to the Alaska
Court System. The repeal would save the state $472,900 per year.
He said the Alaska Court System provided a zero fiscal note.
2:50:13 PM
CHAIR BJORKMAN asked whether, taking into account the history
and structure of the Workers' Compensation Appeals Commission,
there is another quasi-judicial, decision-making board in the
state that follows a similar process of appealing to an
intermediary entity before petitioning the Alaska Supreme Court.
MR. DUNSMORE expressed his belief that the answer is no, stating
he believes this is a unique structure where the appeals
commission takes on the role that the Superior Court plays in
other administrative matters.
CHAIR BJORKMAN asked whether a different state agency could take
on this role.
MR. DUNSMORE replied that the Office of Administrative Hearings
(OAH) contracts with certain agencies to handle administrative
hearings. It has been discussed in the past whether moving this
responsibility to OAH would be appropriate. He said that Senator
Wielechowski's position is this would not result in cost
savings. It is appropriate for the courts to hear these appeals
since they are from the initial deliberative administrative
body.
CHAIR BJORKMAN wondered what recourse a person who disputes a
workers' compensation claim decision would have if the Workers'
Compensation Appeals Commission were eliminated.
2:52:53 PM
MR. DUNSMORE replied that SB 60 would restore the jurisdiction
for those appeals to the Alaska Superior Court. A workers'
compensation appeal would be handled like other administrative
appeals and decisions. The Superior Court would handle the part
of the Workers' Compensation Appeals Commission.
CHAIR BJORKMAN said the Workers' Compensation Appeals Commission
was created in 2006. He said that initially, the number of cases
rose; however, the number of cases heard in the past ten years
has decreased significantly. He asked what caused the Workers'
Compensation Appeals Commission workload to decrease by two-
thirds or more.
MR. DUNSMORE replied that he cannot provide a specific answer to
that question. However, the commission is an appeals body that
primarily handles matters of law, and as more case law is
developed, there is less ambiguity that parties might choose to
challenge. He said that the decrease in workload is likely due,
in part, to this factor.
CHAIR BJORKMAN said that it is his understanding, as well, that
there has been significant work toward mediation in the
proceedings before the Alaska Workers' Compensation Board that
likely avoids appeals to the commission.
2:54:48 PM
SENATOR DUNBAR commented that since 2006, industry often reports
about its tremendous focus on safety. He expressed hope that
workers' compensation claims are decreasing as a whole because
there are fewer injured workers. Safety is a commitment in
almost every industry. Alaska has seen a significant reduction
in workplace injuries. He expressed curiosity about who appeals
to the commission, for example, the employee, the insurer, or
other party.
MR. DUNSMORE replied that he has not seen a breakdown of the
number of appeals from claimants and the number from insurers.
SENATOR DUNBAR noted that he found only one statement in his
packet either for or against SB 60, and that statement came from
insurers in favor of keeping WCAC. He expressed his belief that
the committee did not receive any statements of opposition from
workers' groups. He said this seems to indicate that perhaps
insurers might take advantage of the Workers' Compensation
Appeals Commission more frequently, but it is hard to know with
only one piece of commentary in the packet.
2:56:44 PM
CHAIR BJORKMAN expressed his understanding that before
2005/2006, when the Workers' Compensation Appeals Commission was
established, it took the Superior Court 8 - 18 months to render
a decision. Since then, the timeframe to issue a decision has
averaged around one year. In 2015, a Department of Labor and
Workforce Development (DOLWD) report stated that the timeliness
of those decisions changed very little. He sought confirmation
as to the accuracy of this information.
MR. DUNSMORE expressed his belief that the information is
correct. He noted that a significant decrease in workload has
led to enhanced efficiency within the commission in recent
years. He expressed his belief that enacting SB 60 would improve
the average speed of reaching a final resolution in cases. He
explained that during the deliberation on legislation to create
the Workers' Compensation Appeals Commission, committee minutes
indicated that approximately 25 percent of appeals from the
Superior Court were appealed to the Supreme Court. In recent
years, about 50 percent of the commission's cases were appealed.
The sponsor believes that restoring jurisdiction to the
[superior] court would expedite the average time to reach final
resolution for cases. This is because an appeal to the Supreme
Court can add months or years to the time it takes to get a
final resolution.
CHAIR BJORKMAN sought clarification that currently appeals go
straight from the Workers' Compensation Appeals Commission to
the Supreme Court and that repealing the Worker's Compensation
Appeals Commission would restore jurisdiction to the Superior
Court.
MR. DUNSMORE replied that is correct.
2:59:10 PM
CHAIR BJORKMAN opened invited and public testimony on SB 60.
3:00:10 PM
CHAIR BJORKMAN expressed his intention to ask Mr. Collins
questions to provide more depth to the deliberations.
[Technical audio difficulty.]
3:00:38 PM
At ease.
3:01:52 PM
CHAIR BJORKMAN reconvened the meeting and asked Mr. Collins how
the process for a workers' compensation claimant works currently
and how a claimant would be affected if SB 60 were enacted.
3:02:39 PM
CHARLES COLLINS, Director, Division of Workers' Compensation,
Department of Labor and Workforce Development (DOLWD), Juneau,
Alaska, explained the current workers' compensation process in
Alaska. Under the existing system, an injured employee has the
right to file a claim and receive the appropriate benefits. He
said it is supposed to be a non-confrontational law; however, on
occasion, employers may contest claims if they suspected errors
in a claim or had concerns about certain benefits, like
indemnity or medical. In such cases, the matter can be brought
before the Alaska Workers' Compensation Board. This board
consists of a hearing officer employed by the Division of
Workers' Compensation and two panel members, one representing
labor and one representing industry.
MR. COLLINS said the board conducts an adjudication process, and
its decision is published. If any party, be it the employer, an
insurance company acting on behalf of the employer, or the
employee, believes the case was not properly decided, they have
the right to appeal. Currently, these appeals are directed to
the Workers' Compensation Appeals Commission that deals
exclusively with workers' compensation matters. The appeals
commission consists of an administrative law judge or
commissioner with workers' compensation law expertise, two
industry members, and two labor members, all of whom are past
Alaska Workers' Compensation Board members.
3:04:42 PM
MR. COLLINS said appeals are submitted in writing to the appeals
commission or, occasionally, via oral testimony. The Workers'
Compensation Appeals Commission has the option to remand it
back, remand it back in part, or uphold the board's decision.
Due process allows a party the right to further appeal to the
Supreme Court. He said all of these things happen occasionally.
He offered a few statistics about appeals to the Workers'
Compensation Appeals Commission. In the past three years, 54
percent of those appeals involved legal assistance, and 46
percent were pro se, unrepresented employees.
[Technical audio difficulty.]
3:05:46 PM
At ease.
3:06:45 PM
CHAIR BJORKMAN reconvened the meeting. He asked whether there
are other similar bodies specifically assembled to review
decisions made by another quasi-judicial body.
MR. COLLINS replied that the closest comparable body would be
the Office of Administrative Hearings (OAH). OAH hears appeals
from many departments, including occasional unemployment
insurance tax appeals from DOLWD. OAH was established to provide
a centralized venue for administrative law matters and due
process. Alaska refrained from using OAH for workers'
compensation cases because of the specialized nature of workers'
compensation law.
CHAIR BJORKMAN asked whether committee members had questions or
if Mr. Collins wanted to add to his testimony.
MR. COLLINS said he would like to submit additional information.
He said workers' compensation law is in Title 23 of the Alaska
Statutes and 8 AAC 45 of the Alaska Administrative Code. He held
up a book governing workers' compensation law and underscored
that this area of law is considerably more specialized than many
types of law in the state. He noted that having a specialized
knowledge of workers' compensation is not required to practice
it but reiterated that it is a specialized subset of the law in
its own right.
3:10:00 PM
CHAIR BJORKMAN asked if other states have a structure similar to
the Workers' Compensation Appeals Commission in Alaska.
MR. COLLINS replied every state administers workers'
compensation law differently. Workers' compensation is a state
prerogative, and its administration differs from state to state.
Several states have commissions where appeals stay within their
workers' compensation domain and eventually make it to the
Supreme Court. For instance, Maryland does not have panels; they
have judges overseeing the first hearings, which can be appealed
to a commission judge with whom they work closely and is more
interchangeable than in Alaska. In contrast, Alaska separates
the appeals commission from the workers' compensation
adjudication process. While the appeals commission falls under
the Director of the Division of Workers' Compensation, it is
separate from the adjudication side. Information is not shared
until formal paperwork is sent indicating an appeal has been
initiated. The two entities operate from separate locations,
maintaining a distinct separation.
CHAIR BJORKMAN sought confirmation that in other states, the
workers' compensation board has an internal appeals process to
review their decisions, address potential issues, and
subsequently make another decision.
MR. COLLINS replied that is correct. Some states are more
aligned internally and do not set their process off. He noted
that the specific procedures vary from state to state, but there
is always an appeals component. There are very few states that
go directly to the courts. For example, Nebraska does not have a
workers' compensation board. He expressed his belief that
everything goes through the courts there. The breadth of what
happens across America and worldwide varies, and Alaska's
approach falls within the more common area.
3:13:06 PM
CHAIR BJORKMAN asked Ms. Mead what the additional caseload on
the court system would be and the effect on its capacity to
carry out its functions if WCAC were eliminated.
3:13:38 PM
NANCY MEADE, General Counsel, Alaska Court System (ACS),
Anchorage, Alaska, said she submitted a zero fiscal note. She
explained that SB 60 will represent more work for the ACS
judges; however, that will not justify another judge or staff
person. She anticipates that the appeals will be spread around
the state, but most will be filed in Anchorage or Juneau. She
reiterated that these cases are very difficult, but the court
can handle them. ACS receives appeals from other agencies and
the Office of Administrative Hearings, which are handled
differently in the Superior Court from other cases. Superior
Court cases are usually trials, but agency appeals are submitted
mostly on documents. There is often no oral argument, so they
are paper-intensive. They are a little bit of a side issue for
judges compared to the day-to-day work of hearings, monitoring
the progress of ongoing trials, and pretrial preparation. It is
hard to anticipate their numbers and effect on the court system.
She said in past years there were 30 to 35 cases per year.
However, during the pandemic, those numbers plummeted because
fewer people were working and fewer things were happening in
state government and business. However, if the case numbers
returned to 30 to 35, that would mean an increase in
administrative appeals that would need to be handled by Superior
Court judges. She said the judges in Anchorage will get more
cases than others, possibly three per Anchorage civil judge. She
reiterated that these are time-consuming, difficult cases. In
the past, before WCAC, cases were resolved in eight to eighteen
months. She expressed her concern about this statistic, noting
judges are not generally familiar with these cases, and each
case presents a learning opportunity for the judge to whom it is
assigned. She testified that ACS can accept these cases if that
is the policy of the legislature.
3:16:19 PM
SENATOR DUNBAR said the sponsor provided evidence indicating
that before the appeals commission was established, about 25
percent of the Superior Court decisions were appealed to the
Supreme Court, whereas 50 percent of WCAC decisions have been
appealed to the Supreme Court since 2011. He expressed his
understanding that SB 60 would increase the workload on Superior
Court judges. He asked whether the bill might decrease the
workload on the Supreme Court because the Superior Court judges
might resolve the cases in a way that reduces their
susceptibility to appeal.
MS. MEADE replied that she has not been able to verify or find
data on that difference and how many cases go to the Supreme
Court, so she said that she could not comment on that matter.
She conveyed that one of the advantages of having a Workers'
Compensation Appeals Commission is that the decision of that
commission binds the Alaska Workers' Compensation Board, which
creates precedent. Each decision creates a precedent, which
might explain why fewer cases are going to WCAC. The body of law
is well established now. The same is not true of Superior Court
judges. She said that if Judge Jones in Anchorage renders a
decision on a workers' compensation appeal, that decision will
not impact a different Superior Court judge. The court system
will not get settled law until the Supreme Court renders a
decision in a case. So, this is something that could be lost by
eliminating the Workers' Compensation Appeals Commission. She
reiterated that Superior Court decisions do not have
precedential value, which is one of the reasons these cases were
given to an appeals commission in the past.
3:18:31 PM
SENATOR DUNBAR said that with 50 percent of WCAC decisions
appealed to the Alaska Supreme Court, it is rendering decisions
on the appeals commission's rulings, and those decisions are
generating precedent. He sought confirmation that those Supreme
Court decisions have generated precedent for the last 17 to 18
years.
MS. MEADE replied yes; however, a majority of those appealed to
the Supreme Court were ultimately dismissed or denied. The
Alaska Supreme Court only publishes a handful of workers'
compensation opinions yearly, which has been fairly consistent.
3:19:46 PM
CHAIR BJORKMAN closed public testimony on SB 60.
CHAIR BJORKMAN commented that this bill requires legislators to
make a policy call on whether the $500,000 cost to operate the
Worker's Compensation Appeals Commission is worth its value to
workers and employers. Arguments for and against have
accumulated over its 17-year history. He expressed his belief
that the Senate Judiciary Committee should review the quasi-
judicial, judicative questions and, for that reason, he wishes
to move SB 60 to the next committee of referral. He expressed
his intention to sign "no recommendation" to this bill today,
continue policy discussions, and weigh the merits of the bill.
CHAIR BJORKMAN found no further discussion and solicited the
will of the committee.
3:21:16 PM
SENATOR GRAY-JACKSON moved to report SB 60, work order 33-
LS0330\A, from committee with individual recommendations and
attached fiscal note(s).
CHAIR BJORKMAN found no objection and SB 60 was reported from
the Senate Labor and Commerce Standing Committee.
3:21:41 PM
There being no further business to come before the committee,
Chair Bjorkman adjourned the Senate Labor and Commerce Standing
Committee meeting at 3:21 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 73 Draft Proposed CS ver D.pdf |
SL&C 5/10/2023 1:30:00 PM |
SB 73 |
| Presentation to SL&C-Vickie Choitz_CSW_Trauma and Resilience at Work 05.10.23.pdf |
SL&C 5/10/2023 1:30:00 PM |
Trauma and Resilience at Work |
| SB 60 Fiscal Note-JUD-ACS-02-27-23.pdf |
SL&C 5/10/2023 1:30:00 PM |
SB 60 |
| SB 60 Public Testimony-Letter_APCIA 03.15.23.pdf |
SL&C 5/10/2023 1:30:00 PM |
SB 60 |