Legislature(2013 - 2014)BELTZ 105 (TSBldg)

03/13/2014 01:30 PM LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 99 AIDEA: DEVELOPMENT LOANS TELECONFERENCED
Scheduled But Not Heard
+= SB 166 BOARD OF NURSING; NURSES TELECONFERENCED
Moved CSSB 166(L&C) Out of Committee
+= SB 167 MULTIPLE VEHICLE INSURANCE POLICIES TELECONFERENCED
Moved SB 167 Out of Committee
+= SB 140 AIDEA: ARCTIC DEVELOPMENT PROGRAM/FUND TELECONFERENCED
Moved CSSB 140(L&C) Out of Committee
+= SB 190 DELEGATION OF GUIDE-OUTFITTER DUTIES TELECONFERENCED
Heard & Held
+= SB 156 DIRECT-ENTRY MIDWIVES TELECONFERENCED
Heard & Held
+= SB 193 CONTRACTORS: BONDS; LICENSING TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
          SENATE LABOR AND COMMERCE STANDING COMMITTEE                                                                        
                         March 13, 2014                                                                                         
                           1:34 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Mike Dunleavy, Chair                                                                                                    
Senator Peter Micciche, Vice Chair                                                                                              
Senator Donald Olson                                                                                                            
Senator Bert Stedman                                                                                                            
Senator Johnny Ellis                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 166                                                                                                             
"An Act relating to nursing and to the Board of Nursing."                                                                       
                                                                                                                                
     - MOVED CSSB 166(L&C) OUT OF COMMITTEE                                                                                     
                                                                                                                                
SENATE BILL NO. 167                                                                                                             
"An  Act  relating  to  the   maximum  amount  of  uninsured  and                                                               
underinsured  coverage  payable   under  multiple  motor  vehicle                                                               
insurance  policies  issued  by  the same  insurer  in  the  same                                                               
household."                                                                                                                     
                                                                                                                                
     - MOVED SB 167 OUT OF COMMITTEE                                                                                            
                                                                                                                                
SENATE BILL NO. 156                                                                                                             
"An Act relating to direct-entry midwives."                                                                                     
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 190                                                                                                             
"An Act permitting a guide-outfitter to delegate certain guide                                                                  
services to a person who is not licensed by the Big Game                                                                        
Commercial Services Board."                                                                                                     
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 140                                                                                                             
"An Act  creating the  Arctic infrastructure  development program                                                               
and  fund  in  the  Alaska   Industrial  Development  and  Export                                                               
Authority."                                                                                                                     
                                                                                                                                
     - MOVED CSSB 140(L&C) OUT OF COMMITTEE                                                                                     
                                                                                                                                
SENATE BILL NO. 99                                                                                                              
"An  Act   correcting  a  reference  to   the  Alaska  Industrial                                                               
Development  and Export  Authority revolving  fund; limiting  the                                                               
use  of the  Alaska Industrial  Development and  Export Authority                                                               
sustainable energy  transmission and supply development  fund for                                                               
certain loans  and loan guarantees  and allowing  the development                                                               
fund to  be used as security  for a bond guarantee;  and amending                                                               
the definition of 'qualified energy development.'"                                                                              
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
SENATE BILL NO. 193                                                                                                             
"An Act relating to bonds required for contractors."                                                                            
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 166                                                                                                                  
SHORT TITLE: BOARD OF NURSING; NURSES                                                                                           
SPONSOR(s): SENATOR(s) GIESSEL BY REQUEST                                                                                       
                                                                                                                                
02/07/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/07/14       (S)       L&C                                                                                                    
03/04/14       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/04/14       (S)       Heard & Held                                                                                           
03/04/14       (S)       MINUTE(L&C)                                                                                            
03/13/14       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 167                                                                                                                  
SHORT TITLE: MULTIPLE VEHICLE INSURANCE POLICIES                                                                                
SPONSOR(s): SENATOR(s) HUGGINS BY REQUEST                                                                                       
                                                                                                                                
02/10/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/10/14       (S)       L&C                                                                                                    
03/04/14       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/04/14       (S)       Heard & Held                                                                                           
03/04/14       (S)       MINUTE(L&C)                                                                                            
03/13/14       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 156                                                                                                                  
SHORT TITLE: DIRECT-ENTRY MIDWIVES                                                                                              
SPONSOR(s): SENATOR(s) KELLY                                                                                                    
                                                                                                                                
02/05/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/05/14       (S)       L&C                                                                                                    
03/11/14       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/11/14       (S)       -- MEETING CANCELED --                                                                                 
03/13/14       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 190                                                                                                                  
SHORT TITLE: DELEGATION OF GUIDE-OUTFITTER DUTIES                                                                               
SPONSOR(s): SENATOR(s) HUGGINS                                                                                                  
                                                                                                                                
02/21/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/21/14       (S)       L&C                                                                                                    
03/11/14       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/11/14       (S)       -- MEETING CANCELED --                                                                                 
03/13/14       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 140                                                                                                                  
SHORT TITLE: AIDEA: ARCTIC DEVELOPMENT PROGRAM/FUND                                                                             
SPONSOR(s): SENATOR(s) MCGUIRE                                                                                                  
                                                                                                                                
01/27/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/27/14       (S)       L&C, FIN                                                                                               
02/18/14       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/18/14       (S)       Heard & Held                                                                                           
02/18/14       (S)       MINUTE(L&C)                                                                                            
02/25/14       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/25/14       (S)       -- MEETING CANCELED --                                                                                 
02/27/14       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/27/14       (S)       -- MEETING CANCELED --                                                                                 
03/11/14       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/11/14       (S)       -- MEETING CANCELED --                                                                                 
03/13/14       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR CATHY GIESSEL                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska,                                                                                                                 
POSITION STATEMENT: Sponsor of SB 166.                                                                                        
                                                                                                                                
JANE CONWAY, Staff                                                                                                              
Senator Cathy Giessel                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided information on SB 166 on behalf of                                                               
the sponsor.                                                                                                                    
                                                                                                                                
PATRICIA SENNER, Professional Practice Director                                                                                 
Alaska Nurses Association (ANA)                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 166.                                                                           
                                                                                                                                
JANA SHOCKMAN, President                                                                                                        
Alaska Nurses Association (ANA)                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 166.                                                                           
                                                                                                                                
DON HABEGER, Director                                                                                                           
Division of Corporations, Business and Licensing                                                                                
Department of Commerce, Community and Economic Development                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions related to SB 166.                                                                     
                                                                                                                                
ASHTON COMPTON, Staff                                                                                                           
Senator Charlie Huggins                                                                                                         
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided information on SB 167 on behalf of                                                               
the sponsor.                                                                                                                    
                                                                                                                                
HEATHER SHADDUCK, Staff                                                                                                         
Senator Pete Kelly                                                                                                              
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Introduced SB 156 on behalf of the sponsor.                                                               
                                                                                                                                
SUSAN TERWILLIGER, President                                                                                                    
Midwives Association of Alaska                                                                                                  
Eagle River, Alaska                                                                                                             
POSITION STATEMENT: Testified in support of SB 156.                                                                           
                                                                                                                                
CHERYL CORRICK, Chair                                                                                                           
Board of Certified Direct-entry Midwives                                                                                        
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 167.                                                                           
                                                                                                                                
DANA BROWN, Director                                                                                                            
Alaska Family Health and Birth Center                                                                                           
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Stated support for SB 156.                                                                                
                                                                                                                                
JENNITH LUCAS, representing herself                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 156.                                                                           
                                                                                                                                
SASKIA ESSLINGER, representing herself                                                                                          
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 156.                                                                           
                                                                                                                                
SARA CHAMBERS, Administrative Operations Manager                                                                                
Division of Corporations, Business and Professional Licensing                                                                   
Department of Commerce, Community and Economic Development                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions related to SB 156.                                                                     
                                                                                                                                
JUDY DAVIDSON, CDM                                                                                                              
MatSu Midwifery and Family Health                                                                                               
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT: Testified in support of SB 156.                                                                           
                                                                                                                                
KAY KANNE, CDM                                                                                                                  
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 156.                                                                           
                                                                                                                                
MADISON NOLAN, CDM                                                                                                              
Juneau, Alaska,                                                                                                                 
POSITION STATEMENT: Testified in support of SB 156.                                                                           
                                                                                                                                
GARY ZEPP, Staff                                                                                                                
Senator Charlie Huggins                                                                                                         
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Reviewed the changes in the CS for SB 190,                                                                
Version U.                                                                                                                      
                                                                                                                                
CABOT PITTS, representing himself                                                                                               
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT: Testified in support of SB 190.                                                                           
                                                                                                                                
JOE KLUTSCH, representing himself                                                                                               
King Salmon, Alaska                                                                                                             
POSITION STATEMENT: Testified in support of SB 190.                                                                           
                                                                                                                                
KELLY VREM Chair                                                                                                                
Big Game Commercial Services Board                                                                                              
Sutton, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 190.                                                                           
                                                                                                                                
JOE WANT, representing himself                                                                                                  
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in  support of  the concept  of SB                                                             
190, but questioned the language in subsection (b)                                                                              
                                                                                                                                
SENATOR LESIL MCGUIRE                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of SB 140.                                                                                        
                                                                                                                                
JESSE LOGAN, Staff                                                                                                              
Senator Lesil McGuire                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Reviewed the changes in the CS for SB 140.                                                                
                                                                                                                                
MARK DAVIS, Deputy Director                                                                                                     
Alaska Industrial Development & Export Authority (AIDEA)                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Provided supporting statements for SB 140.                                                                
                                                                                                                                
RON LONG                                                                                                                        
City of Seward                                                                                                                  
Seward, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 140.                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:34:20 PM                                                                                                                    
CHAIR  MIKE  DUNLEAVY  called  the   Senate  Labor  and  Commerce                                                             
Standing Committee meeting  to order at 1:34 p.m.  Present at the                                                               
call  to order  were Senators  Stedman, Ellis,  Olson, and  Chair                                                               
Dunleavy.                                                                                                                       
                                                                                                                                
                SB 166-BOARD OF NURSING; NURSES                                                                             
                                                                                                                                
1:35:09 PM                                                                                                                    
CHAIR DUNLEAVY  announced the  consideration of  SB 166.  "An Act                                                               
relating to  nursing and to the  Board of Nursing." This  was the                                                               
second hearing and Version Y was before the committee.                                                                          
                                                                                                                                
1:35:16 PM                                                                                                                    
SENATOR CATHY GIESSEL, Alaska  State Legislature, Juneau, Alaska,                                                               
sponsor of SB 166, introduced herself.                                                                                          
                                                                                                                                
1:35:37 PM                                                                                                                    
JANE CONWAY,  Staff, Senator  Cathy Giessel,  sponsor of  SB 166,                                                               
reminded  the committee  that version  Y was  adopted during  the                                                               
first hearing  and that the  bill incorporates changes  that have                                                               
been brought  to the Board of  Nursing for the last  10 years. It                                                               
updates the  statute to keep  current with modern  technology and                                                               
best practices. She mentioned the  individuals who were available                                                               
to answer questions.                                                                                                            
                                                                                                                                
SENATOR ELLIS asked to hear from  Ms. Senner about of the nursing                                                               
profession's perspective on the bill.                                                                                           
                                                                                                                                
1:37:31 PM                                                                                                                    
PATRICIA  SENNER, Professional  Practice Director,  Alaska Nurses                                                               
Association  (ANA), stated  that the  ANA commented  on an  early                                                               
draft of  SB 166 at a  Board of Nursing meeting  and they support                                                               
the current version.                                                                                                            
                                                                                                                                
1:38:24 PM                                                                                                                    
JANA  SHOCKMAN,  President,   Alaska  Nurses  Association  (ANA),                                                               
Anchorage,  Alaska, affirmed  that  the ANA  supports  SB 166  as                                                               
written. She offered to answer questions.                                                                                       
                                                                                                                                
1:38:57 PM                                                                                                                    
BETH FARNSTROM, Chair, Alaska State  Board of Nursing, offered to                                                               
answer questions related to SB 166.                                                                                             
                                                                                                                                
1:39:41 PM                                                                                                                    
DON  HABEGER, Director,  Division of  Corporations, Business  and                                                               
Licensing,  Department   of  Commerce,  Community   and  Economic                                                               
Development (DCCED), introduced himself.                                                                                        
                                                                                                                                
SENATOR  OLSON   asked  if  he  had   reconsidered  his  position                                                               
[opposing] the  requirement for the  executive administer  of the                                                               
Alaska  State Board  of  Nursing  to hold  a  master's degree  in                                                               
nursing at a minimum.                                                                                                           
                                                                                                                                
MR. HABEGER  replied he  still believes  the division  would have                                                               
more  flexibility to  recruit and  hire if  a master's  degree in                                                               
nursing wasn't  a requirement  in statute.  He maintained  that a                                                               
person  with a  master's  degree in  nursing home  administration                                                               
could administer a  nursing program just as well  as someone with                                                               
a master's degree in nursing.                                                                                                   
                                                                                                                                
SENATOR OLSON  asked how many  actions have been taken  against a                                                               
license in the last two years.                                                                                                  
                                                                                                                                
MR. HABEGER recalled that there  were about 250 licensure actions                                                               
in  FY13. Responding  to a  further question,  he clarified  that                                                               
these were either consent agreements or board revocations.                                                                      
                                                                                                                                
SENATOR OLSON asked if the level of education was an issue.                                                                     
                                                                                                                                
MR.  HABEGER  replied  he  recognizes   that  some  expertise  is                                                               
required to  execute the level  of review that's expected  of the                                                               
executive administrator, but he  agrees with current statute that                                                               
recognizes that a registered nurse (RN) license is sufficient.                                                                  
                                                                                                                                
CHAIR  DUNLEAVY opened  and closed  public testimony.  Finding no                                                               
further  questions  or  comments,  he   asked  the  will  of  the                                                               
committee.                                                                                                                      
                                                                                                                                
1:43:28 PM                                                                                                                    
SENATOR  MICCICHE  moved  to  report  SB  166,  Version  Y,  from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s).                                                                                                                        
                                                                                                                                
CHAIR DUNLEAVY  announced that  without objection,  CSSB 166(L&C)                                                               
moved from the Senate Labor and Commerce Standing Committee.                                                                    
                                                                                                                                
1:44:04 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
           SB 167-MULTIPLE VEHICLE INSURANCE POLICIES                                                                       
                                                                                                                                
1:45:33 PM                                                                                                                    
CHAIR  DUNLEAVY   reconvened  the   meeting  and   announced  the                                                               
consideration of SB  167. "An Act relating to  the maximum amount                                                               
of  uninsured and  underinsured coverage  payable under  multiple                                                               
motor vehicle  insurance policies issued  by the same  insurer in                                                               
the same household." He noted that this was the second hearing.                                                                 
                                                                                                                                
1:45:48 PM                                                                                                                    
ASHTON COMPTON,  Staff, Senator Charlie  Huggins, stated  that SB                                                               
167  closes  a loophole  in  the  insurance statute  that  allows                                                               
stacking  on  some  uninsured   and  underinsured  motor  vehicle                                                               
insurance policies. The bill makes  a few changes to resolve this                                                               
inconsistency  that unnecessarily  forces  consumers to  purchase                                                               
insurance that they don't want or need.                                                                                         
                                                                                                                                
1:47:02 PM                                                                                                                    
MARTIN   HESTER,   Deputy   Director,  Division   of   Insurance,                                                               
Department  of  Commerce,   Community  and  Economic  Development                                                               
(DCCED), introduced himself.                                                                                                    
                                                                                                                                
CHAIR DUNLEAVY found  no public testimony and  closed it. Finding                                                               
no questions or comments, he solicited a motion.                                                                                
                                                                                                                                
1:47:29 PM                                                                                                                    
SENATOR  MICCICHE  moved  to  report  SB  167,  Version  A,  from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s).                                                                                                                        
                                                                                                                                
CHAIR  DUNLEAVY announced  that without  objection, SB  167 moved                                                               
from the Senate Labor and Commerce Standing Committee.                                                                          
                                                                                                                                
1:48:07 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
                  SB 156-DIRECT-ENTRY MIDWIVES                                                                              
                                                                                                                                
1:49:08 PM                                                                                                                    
CHAIR  DUNLEAVY   reconvened  the   meeting  and   announced  the                                                               
consideration  of  SB  156.  "An  Act  relating  to  direct-entry                                                               
midwives." He noted that this was the first hearing.                                                                            
                                                                                                                                
1:49:27 PM                                                                                                                    
HEATHER SHADDUCK,  Staff, Senator  Pete Kelly, introduced  SB 156                                                               
on  behalf  of the  sponsor  speaking  to the  following  sponsor                                                               
statement:                                                                                                                      
                                                                                                                                
     SB  156  will  update   and  streamline  the  Certified                                                                    
     Direct-entry Midwife ("CDM")  practice act. The initial                                                                    
     law  was  enacted  in 1992,  prior  to  establishing  a                                                                    
     functioning Board  of Certified  Direct-entry Midwives.                                                                    
     Due to the lack of  a professional board to set ongoing                                                                    
     regulations at  the time, a  detailed set  of practices                                                                    
     were placed  in Alaska Statue.  The Board has  tried to                                                                    
     establish  and   develop  a   comprehensive  regulatory                                                                    
     framework through  practice regulations  and guidelines                                                                    
     crafted  to  ensure   public  safety  and  professional                                                                    
     discipline.  However,  the   outdated  statute  cements                                                                    
     certain  obsolete practice  requirements in  place, and                                                                    
     can only be updated by an act of the legislature.                                                                          
                                                                                                                                
     SB 156  will neither  lessen the  regulatory governance                                                                    
     of CDMs,  nor will it  expand their scope  of practice.                                                                    
     Rather,  the  bill   clarifies  regulatory  intent  and                                                                    
     defines CDM  scope of practice.  SB 156 would  give the                                                                    
     board  greater flexibility  and  efficiency by  placing                                                                    
     CDM  required  practices  into regulation  rather  than                                                                    
     statute.  This   enables  the  Board  to   oversee  the                                                                    
     profession  more  effectively and  incorporate  current                                                                    
     nationally-recognized  best  practices.  This  type  of                                                                    
     authority  is granted  to most  professional boards  in                                                                    
     order  to develop  and  maintain professional  practice                                                                    
     standards.                                                                                                                 
                                                                                                                                
     The  proposed  changes in  the  bill  will also  ensure                                                                    
     greater  public safety  in the  field of  midwifery. SB                                                                    
     156 requires a  CDM to be licensed  arid practicing for                                                                    
     two years and attend 50 or  more births as a primary or                                                                    
     assistant midwife  in order to supervise  an apprentice                                                                    
     direct-entry  midwife.  Well-baby  care  will  also  be                                                                    
     covered under  the scope  of CDM practice  for up  to 4                                                                    
     weeks  after   birth,  which  ensures   the  delivering                                                                    
     midwife  can properly  follow up  with both  mother and                                                                    
     baby. SB  156 repeals the cultural  midwives exemption,                                                                    
     requiring  all CDMs  in the  state to  be licensed  and                                                                    
     under  the  disciplinary  regulation of  the  Board  of                                                                    
     CDMs.   Currently,   an   individual   whose   cultural                                                                    
     traditions   have   included,    for   at   least   two                                                                    
     generations, the  attendance of midwives at  birth, and                                                                    
     has assisted in at least  10 births does not fall under                                                                    
     regulation of the  board. The health and  safety of all                                                                    
     mothers  and babies  using midwifery  services will  be                                                                    
     improved   by   holding  all   certified   direct-entry                                                                    
     midwives to a higher level of training and care.                                                                           
                                                                                                                                
1:54:06 PM                                                                                                                    
SENATOR OLSON asked what the current requirement is to become a                                                                 
certified direct-entry midwife.                                                                                                 
                                                                                                                                
MS.  SHADDUCK  clarified that  the  bill  requires  a CDM  to  be                                                               
licensed and  to practice for two  years and to attend  50 births                                                               
as  a primary  or assistant  midwife to  qualify to  supervise an                                                               
apprentice direct-entry  midwife. She deferred to  Cheryl Corrick                                                               
to discuss the licensing requirements.                                                                                          
                                                                                                                                
SENATOR OLSON asked how many midwives practicing in rural Alaska                                                                
would be affected by the bill.                                                                                                  
                                                                                                                                
MS. SHADDUCK said she didn't  have a number but her understanding                                                               
was  that the  board  brought the  provision  forward because  it                                                               
hasn't been used as intended.                                                                                                   
                                                                                                                                
SENATOR OLSON asked how many rural midwives would be affected.                                                                  
                                                                                                                                
MS. SHADDUCK said  she didn't have a number but  it would be very                                                               
small.                                                                                                                          
                                                                                                                                
SENATOR OLSON asked  if there were complaints  that prompted this                                                               
legislation.                                                                                                                    
                                                                                                                                
MS.  SHADDUCK deferred  the question  to the  representative from                                                               
the Board of Certified Direct-entry Midwives.                                                                                   
                                                                                                                                
1:56:31 PM                                                                                                                    
SUSAN  TERWILLIGER, CDM  and President,  Midwives Association  of                                                               
Alaska (MAA),  Eagle River,  Alaska, stated  support for  SB 167.                                                               
Addressing an earlier  question, she clarified that  the 50 birth                                                               
requirement only applies  to midwives who seek  to be preceptors.                                                               
The  number   50  applies  to   qualifying  as  a   teacher,  not                                                               
certification to be a CDM.                                                                                                      
                                                                                                                                
She said  that Alaska  has a  fairly good  midwifery law,  but it                                                               
needs updating  for public  safety and to  keep current  with the                                                               
latest  childbirth information  and studies.  Many Alaskan  women                                                               
seek midwifery  care as  an option for  their pregnancy  care and                                                               
birth  and  they  expect  the  licensing  laws  to  reflect  best                                                               
practices, she  said. Moving the  practice requirements  that are                                                               
currently in statute into regulation  will make it easier for the                                                               
board to  make additions and updates.  The bill also adds  to the                                                               
definition of  midwifery that the  well-baby care is given  up to                                                               
four weeks  and that  apprentices are  supervised. She  said that                                                               
midwives have been doing this for  years but it isn't in statute.                                                               
She opined that passing the  bill gives Alaska the opportunity to                                                               
be a leader in the nation.                                                                                                      
                                                                                                                                
1:59:12 PM                                                                                                                    
SENATOR OLSON  asked how many births  a CDM needs to  be eligible                                                               
for a license.                                                                                                                  
                                                                                                                                
MS. TERWILLIGER  said she  didn't know  because she  received her                                                               
Alaska  license nine  years ago  through a  reciprocity agreement                                                               
with Texas that only required passing an examination.                                                                           
                                                                                                                                
SENATOR OLSON asked how many births she'd attended.                                                                             
                                                                                                                                
MS. TERWILLIGER replied she's attended about 750 births.                                                                        
                                                                                                                                
SENATOR OLSON asked if complaints prompted the legislation.                                                                     
                                                                                                                                
MS.  TERWILLIGER  answered  no;  it  was  prompted  by  years  of                                                               
frustration at not being able to update for best practices.                                                                     
                                                                                                                                
SENATOR OLSON commented that births  have occurred since Cain and                                                               
Able  and he  questioned  the  sudden need  to  attend 50  births                                                               
before someone can become a preceptor.                                                                                          
                                                                                                                                
MS.  TERWILLIGER  explained  that  both the  board  and  the  MAA                                                               
membership agreed that  it was in the  profession's best interest                                                               
to add to the requirement.  It's a matter of professionalism, she                                                               
said.                                                                                                                           
                                                                                                                                
SENATOR OLSON maintained that this  would put midwives practicing                                                               
in rural areas at a disadvantage.                                                                                               
                                                                                                                                
MS. TERWILLIGER responded  that the bill is about  the ability to                                                               
teach other midwives, not practice midwifery.                                                                                   
                                                                                                                                
SENATOR OLSON said  teaching needs to take place  in rural areas,                                                               
too,  and he  was  reluctant  to prohibit  someone  from being  a                                                               
preceptor  just  because  they  haven't acted  as  a  primary  or                                                               
assistant midwife  at 50 births.  He again stressed that  it puts                                                               
rural sites at a disadvantage.                                                                                                  
                                                                                                                                
MS.   TERWILLIGER  suggested   Ms.  Corrick   be  added   to  the                                                               
discussion.                                                                                                                     
                                                                                                                                
2:03:42 PM                                                                                                                    
CHERYL CORRICK, Chair, Board  of Certified Direct-entry Midwives,                                                               
Fairbanks, Alaska,  said the  board considered  that it  would be                                                               
more difficult  for midwives in  rural areas to attend  50 births                                                               
but as they  looked at professionalism they noticed  a trend that                                                               
the  complaints  that  resulted   in  investigations  were  about                                                               
preceptors who  didn't have much  experience. This  was discussed                                                               
in board meetings  and the MAA made the decision  to include this                                                               
provision in the bill.                                                                                                          
                                                                                                                                
SENATOR  OLSON  observed that  there  have  been complaints  that                                                               
prompted this legislation.                                                                                                      
                                                                                                                                
MS. CORRICK responded that she's been  on the board for six years                                                               
and has noticed that trend.                                                                                                     
                                                                                                                                
SENATOR OLSON asked how he would  find out how many licenses have                                                               
been revoked or suspended because of complaints.                                                                                
                                                                                                                                
MS.   CORRICK  replied   there  have   been  no   suspensions  or                                                               
revocations imposed during her six-year  tenure on the board, but                                                               
there  have   been  some  memorandums  of   agreement  and  other                                                               
disciplinary measures.                                                                                                          
                                                                                                                                
SENATOR OLSON  asked how  many midwives  practice in  rural areas                                                               
and how many would be affected by this legislation.                                                                             
                                                                                                                                
MS. CORRICK  said her  understanding was  that very  few midwives                                                               
are practicing in rural areas.                                                                                                  
                                                                                                                                
2:07:28 PM                                                                                                                    
DANA  BROWN, Director,  Alaska Family  Health  and Birth  Center,                                                               
Fairbanks, Alaska, stated that she  has been licensed since 1993,                                                               
has served on the board in  the past, and was speaking in support                                                               
of SB 156. She related that  during her tenure the board tried to                                                               
pass regulations  to update  practices only  to have  the statute                                                               
prevent it from  happening. She pointed out that  the statute was                                                               
passed  many years  ago  and  never updated  so  it  needs to  be                                                               
brought up to current standards.                                                                                                
                                                                                                                                
SENATOR OLSON asked if she had practiced in rural Alaska.                                                                       
                                                                                                                                
MS. BROWN  said no  and added that  the direct-entry  midwifes in                                                               
Alaska generally practice near cities  and towns, but serve rural                                                               
areas.  She explained  that women  who live  in villages  usually                                                               
come  to town  for  their  births so  that  they're  closer to  a                                                               
hospital.                                                                                                                       
                                                                                                                                
SENATOR   OLSON  responded   that   the  bill   puts  his   rural                                                               
constituents  at a  disadvantage  because  precipitous births  do                                                               
occur.                                                                                                                          
                                                                                                                                
MS.  BROWN pointed  out that  there are  no licensed  midwives in                                                               
those areas and the bill doesn't  affect a health aide working in                                                               
a  village  because  they  aren't under  the  jurisdiction  of  a                                                               
direct-entry midwife license.                                                                                                   
                                                                                                                                
SENATOR  OLSON  asked  if  she  was  saying  that  there  are  no                                                               
certified direct-entry midwives in rural Alaska.                                                                                
                                                                                                                                
MS. BROWN asked him to define rural.                                                                                            
                                                                                                                                
SENATOR  OLSON said  he  was talking  about  places like  Bethel,                                                               
Barrow, Kotzebue, or Nome.                                                                                                      
                                                                                                                                
MS. BROWN  responded that she  was not aware of  any direct-entry                                                               
midwives practicing in villages that are off the road system.                                                                   
                                                                                                                                
2:11:51 PM                                                                                                                    
JENNITH   LUCAS,   representing   herself,   Anchorage,   Alaska,                                                               
testified in support  of SB 156. She said she  used a midwife for                                                               
the births of her children and  she knows that they were aware of                                                               
the most recent  studies and best practices  for safe childbirth.                                                               
She described the bill as important for Alaskan consumers.                                                                      
                                                                                                                                
2:13:32 PM                                                                                                                    
SASKIA ESSLINGER,  representing herself, Anchorage,  Alaska, said                                                               
she used  midwives for the births  of her two children.  This was                                                               
the best option for her, but  she did notice that the regulations                                                               
didn't always allow  for the most current  standards of practice.                                                               
She said she  supports SB 156 because it will  allow the board to                                                               
update and revise  the practice guidelines. It  will also enhance                                                               
public safety by requiring more experience for preceptors.                                                                      
                                                                                                                                
2:15:07 PM                                                                                                                    
SARA  CHAMBERS, Administrative  Operations  Manager, Division  of                                                               
Corporations, Business and  Professional Licensing, Department of                                                               
Commerce, Community and  Economic Development (DCCED), introduced                                                               
herself and offered to answer questions.                                                                                        
                                                                                                                                
SENATOR OLSON asked if there  were any licensed midwives in rural                                                               
Alaska.                                                                                                                         
                                                                                                                                
MS.  CHAMBERS replied  the division  doesn't track  licenses that                                                               
way  but she  would look  at the  addresses on  the licenses  and                                                               
follow up with the information.                                                                                                 
                                                                                                                                
SENATOR OLSON  asked how many  midwives would be affected  by the                                                               
50-birth requirement to be a preceptor.                                                                                         
                                                                                                                                
MS. CHAMBERS said it would  take additional research to make that                                                               
determination.                                                                                                                  
                                                                                                                                
SENATOR OLSON asked  how many births are required  to qualify for                                                               
a license.                                                                                                                      
                                                                                                                                
MS. CHAMBERS suggested he pose the question to Ms. Corrick.                                                                     
                                                                                                                                
SENATOR OLSON asked if DCCED was in favor of the bill.                                                                          
                                                                                                                                
MS.  CHAMBERS   answered  that  the  department   didn't  have  a                                                               
position.                                                                                                                       
                                                                                                                                
SENATOR MICCICHE  offered his perspective  that the  current two-                                                               
year requirement had less value  in measuring experience than the                                                               
proposed 50-birth requirement.                                                                                                  
                                                                                                                                
MS. CHAMBERS,  responding to an  earlier question,  reported that                                                               
there were 62 midwife licensees in FY13 and 8 investigations.                                                                   
                                                                                                                                
2:20:48 PM                                                                                                                    
SENATOR MICCICHE asked  Ms. Corrick if she agrees  with his logic                                                               
that the number of births has  more value than the length of time                                                               
a person has held a license.                                                                                                    
                                                                                                                                
MS. CORRICK agreed that 50  births is more telling of experience.                                                               
Responding  to  an earlier  question,  she  relayed that  to  get                                                               
licensed as  a certified direct-entry midwife  the apprentice has                                                               
to attend 60  births. Ten of the births are  observations, 20 are                                                               
assisting at the birth, and 30  are as the primary provider under                                                               
the  supervision of  the preceptor.  The licensing  process takes                                                               
approximately two  years so a midwife  should be able to  get the                                                               
required 50  births within that timeframe.  She acknowledged that                                                               
it would be more difficult for  someone who moved to a more rural                                                               
area, less populated area.                                                                                                      
                                                                                                                                
CHAIR DUNLEAVY opened public testimony.                                                                                         
                                                                                                                                
2:23:00 PM                                                                                                                    
JUDY DAVIDSON,  CDM, MatSu Midwifery and  Family Health, Wasilla,                                                               
Alaska, said she's been licensed  since 1993 when the state first                                                               
provided  licensure  for  direct-entry midwives.  She  said  it's                                                               
important to  understand that direct-entry midwives  are licensed                                                               
to provide  care to  low-risk women  and their  training includes                                                               
precipitous births.  She and a  number of other  midwives provide                                                               
training for people living in other  areas and part of the reason                                                               
for updating  the statute  is to show  that they're  qualified as                                                               
preceptors.  She said  Alaska  has  the highest  rate  of out  of                                                               
hospital births in the nation and  it is looked to as an example.                                                               
Updating  the statute  shows continued  progress  to reflect  the                                                               
standard of maternity care that midwives offer.                                                                                 
                                                                                                                                
2:26:21 PM                                                                                                                    
KAYE KANNE, CDM, Juneau, Alaska,  said she's been practicing as a                                                               
midwife for 30 years and was  involved in the 1985 legislation to                                                               
keep midwifery legal. Legislation passed  in 1992 created a board                                                               
for certified direct-entry  midwives and she served  on the board                                                               
for eight years and helped craft the current regulations.                                                                       
                                                                                                                                
MS. KANNE  said she  believes that  the number  of births  that a                                                               
midwife has attended  since being licensed is  important in terms                                                               
of having  the knowledge  to be  a preceptor,  but the  number of                                                               
years is  not important.  For example, a  former student  who has                                                               
been licensed  for eight  months has  attended 180  births. She's                                                               
very qualified to be a preceptor,  but she can't until she's been                                                               
licensed for two years.                                                                                                         
                                                                                                                                
She explained that the required  practices that they're trying to                                                               
move into regulation were put  into statute in 1985 because there                                                               
wasn't a board and there were  no regulations. Now that there's a                                                               
very  well-functioning  board  it   makes  sense  to  move  those                                                               
required practices into regulation so  that the board can keep it                                                               
up to date, she said.                                                                                                           
                                                                                                                                
SENATOR OLSON asked if she was in favor of the legislation.                                                                     
                                                                                                                                
MS.  KANNE   replied  she   was  definitely   in  favor   of  the                                                               
legislation.                                                                                                                    
                                                                                                                                
SENATOR  OLSON   asked  if  midwives   have  a   requirement  for                                                               
continuing education.                                                                                                           
                                                                                                                                
MS.  KANNE  replied  the  law requires  20  hours  of  continuing                                                               
education per licensing period.                                                                                                 
                                                                                                                                
SENATOR  OLSON   asked  where  a   midwife  can   get  continuing                                                               
education.                                                                                                                      
                                                                                                                                
MS. KANNE said  there's an annual midwifery  conference in Juneau                                                               
and there are a number of them held every year in other states.                                                                 
                                                                                                                                
SENATOR OLSON asked if courses were available online.                                                                           
                                                                                                                                
MS. KANNE answered yes.                                                                                                         
                                                                                                                                
SENATOR OLSON asked if she had ever practiced in rural Alaska.                                                                  
                                                                                                                                
MS. KANNE said  she has practiced in Juneau for  30 years serving                                                               
this community and all of Southeast Alaska.                                                                                     
                                                                                                                                
SENATOR  OLSON  asked  if  there were  midwives  in  places  like                                                               
Klawock, Hollis, or Coffman Cove.                                                                                               
                                                                                                                                
MS. KANNE replied she wasn't aware of any.                                                                                      
                                                                                                                                
SENATOR OLSON asked to hear from the recently licensed midwife.                                                                 
                                                                                                                                
2:31:41 PM                                                                                                                    
MADISON NOLAN, CDM,  Juneau, Alaska, told the  committee that she                                                               
was  an  apprentice  for  three   years  and  was  licensed  last                                                               
September.                                                                                                                      
                                                                                                                                
SENATOR OLSON, noting that she  had attended 180 births, asked if                                                               
she feels qualified to be a preceptor.                                                                                          
                                                                                                                                
MS. NOLAN  said she  had only  attended 40  births since  she was                                                               
licensed  so she  wouldn't qualify  under  the proposed  50-birth                                                               
requirement. She added  that for her personal  comfort she'd want                                                               
at least  a year  of licensure before  becoming a  preceptor. The                                                               
time component isn't as important, but it does have some value.                                                                 
                                                                                                                                
SENATOR OLSON said he'd like to hear from rural hospitals.                                                                      
                                                                                                                                
CHAIR DUNLEAVY agreed.                                                                                                          
                                                                                                                                
2:33:42 PM                                                                                                                    
CHAIR DUNLEAVY announced  that he would hold SB  156 in committee                                                               
for further consideration. Public testimony remained open.                                                                      
                                                                                                                                
          SB 190-DELEGATION OF GUIDE-OUTFITTER DUTIES                                                                       
                                                                                                                                
2:33:47 PM                                                                                                                    
CHAIR DUNLEAVY  announced the  consideration of  SB 190.  "An Act                                                               
permitting certain persons  who are not licensed by  the Big Game                                                               
Commercial  Services  Board to  provide  or  assist in  providing                                                               
certain  guide  services."  He  noted that  this  was  the  first                                                               
hearing and there was a new committee substitute (CS).                                                                          
                                                                                                                                
2:34:02 PM                                                                                                                    
SENATOR  MICCICHE moved  to  adopt  CS for  SB  190, labeled  28-                                                               
LS1466\U, as the working document.                                                                                              
                                                                                                                                
CHAIR DUNLEAVY objected for discussion purposes.                                                                                
                                                                                                                                
2:34:23 PM                                                                                                                    
GARY  ZEPP,   Staff,  Senator   Charlie  Huggins,   reviewed  the                                                               
following  changes between  Version  A and  Version U:  [Original                                                               
punctuation provided.]                                                                                                          
                                                                                                                                
                                                                                                                                
     Section 1 (a), page 1, lines 5-9:                                                                                          
        · Lines 5-7, the verbiage was reworded and lines 8                                                                      
          and 9 were deleted because this is already                                                                            
          included in AS 08.54.790 (9)(c) 'Definitions"                                                                         
          section.                                                                                                              
                                                                                                                                
     Section 1(b), page 1, lines  10-14 & continuing on page                                                                    
     2, lines 1-2,  the verbiage was reworded  to insure the                                                                    
     legislation wasn't  allowing unlicensed  personnel more                                                                    
     authority than the licensed personnel.                                                                                     
                                                                                                                                
CHAIR DUNLEAVY removed his objection. Finding no further                                                                        
objection, Version U was adopted.                                                                                               
                                                                                                                                
2:36:24 PM                                                                                                                    
MR. ZEPP introduced SB 190 speaking to the following sponsor                                                                    
statement   and   sectional    summary:   [Original   punctuation                                                               
provided.]                                                                                                                      
                                                                                                                                
     Senate  Bill 190,  version U,  authorizes a  Registered                                                                    
     Guide-Outfitter   to   delegate   certain   duties   to                                                                    
     unlicensed personnel, as long  as a licensed registered                                                                    
     guide-outfitter   or  class   A   assistant  guide   is                                                                    
     physically  present for  certain  delegated duties.  In                                                                    
     addition,  it  authorizes  unlicensed personnel  to  be                                                                    
     compensated for carrying out those delegated duties.                                                                       
                                                                                                                                
     Current  Alaska  statutes  (AS  08.54)  prohibit  these                                                                    
     activities.                                                                                                                
                                                                                                                                
     Example 1:  A registered  guide out-fitter  cannot hire                                                                    
     unlicensed personnel  to pack  meat from the  field and                                                                    
     receive compensation.                                                                                                      
                                                                                                                                
     As you can  imagine, it is difficult  to find personnel                                                                    
     to  work   for  free!  This  legislation   would  allow                                                                    
     unlicensed personnel, including  local residents, to be                                                                    
     hired and  compensated for packing meat  from the field                                                                    
     without having to obtain a license.                                                                                        
                                                                                                                                
     Example 2:  A registered  guide-outfitter or a  class A                                                                    
     assistant  guide cannot  delegate  guide services,  for                                                                    
     training purposes,  to unlicensed personnel  to perform                                                                    
     certain   tasks  while   either  a   registered  guide-                                                                    
     outfitter  or class  A  assistant  guide is  physically                                                                    
     present.                                                                                                                   
                                                                                                                                
     Note: The class A assistant guide must be:                                                                                 
        · Employed by and under the supervision of the                                                                          
          registered guide-outfitter who contracted for the                                                                     
          big game hunt; and                                                                                                    
        · Be licensed in the game management unit where the                                                                     
          hunt is conducted.                                                                                                    
                                                                                                                                
     This   makes  it   difficult  to   train  and   prepare                                                                    
     perspective guides  to further advance in  the Big Game                                                                    
     Guiding industry  when they  cannot be  compensated for                                                                    
     carrying  out those  duties. Not  many people  work for                                                                    
     free!                                                                                                                      
                                                                                                                                
     This   creates  an   apprentice   structure  to   allow                                                                    
     unlicensed  personnel to  be prepared  for and  qualify                                                                    
     for the 'assistant guide" level in the industry.                                                                           
                                                                                                                                
     Under  current statutes:  An assistant  guide candidate                                                                    
     must  have   at  least  60   days  of   Alaska  hunting                                                                    
     experience and 30 days must  be in a hunting camp being                                                                    
     instructed by a licensed guide-outfitter.                                                                                  
                                                                                                                                
     In summary, it  is difficult to find  personnel to work                                                                    
     for free  and it also  makes it difficult to  train and                                                                    
     prepare  perspective   guides  for  a  future   in  the                                                                    
     industry.                                                                                                                  
                                                                                                                                
     Sectional Summary                                                                                                          
     Section 1. Adds a  new statutory section, AS 08.54.635,                                                                  
     that allows  the Big Game Commercial  Services Board to                                                                    
     adopt  regulations   permitting  a   registered  guide-                                                                    
     outfitter  to  delegate  certain guide  services  to  a                                                                    
     person  not  licensed  under AS  08.54.  Provides  what                                                                    
     guide   services   may    be   delegated.   Establishes                                                                    
     conditions  on  the  delegation  of  services.  Permits                                                                    
     unlicensed  persons  to  assist  in  providing  certain                                                                    
     guide  services. Requires  unlicensed  persons to  meet                                                                    
     standards  adopted by  the board  before providing,  or                                                                    
     assisting   in  providing,   guide  services.   Permits                                                                    
     unlicensed persons providing  or assisting in providing                                                                    
     guide services to be compensated.                                                                                          
                                                                                                                                
     Section 2. Conforms AS 08.54.720(a)  to the addition of                                                                  
     AS 08.54.635 in sec. 1 of the bill.                                                                                        
                                                                                                                                
     Section  3. Amends  AS 08.54.740(a)  to provide  that a                                                                  
     registered guide-outfitter  is equally  responsible for                                                                    
     a violation  of a state  or federal wildlife,  game, or                                                                    
     guiding  statute or  regulation committee  by a  person                                                                    
     while  that  person  provides guide  services  for  the                                                                    
     guide-outfitter under the new section AS 08.54.635.                                                                        
                                                                                                                                
2:39:27 PM                                                                                                                    
SENATOR OLSON asked if there was any opposition to the bill.                                                                    
                                                                                                                                
MR ZEPP replied he hadn't heard anything negative.                                                                              
                                                                                                                                
SENATOR  OLSON asked  if affected  guides had  voiced support  or                                                               
opposition.                                                                                                                     
                                                                                                                                
MR. ZEPP  replied he reached out  to all the stakeholders  he was                                                               
aware   of   including   the  Alaska   Wildlife   Troopers,   the                                                               
professional  licensing operations  manager  for  DCCED, the  Big                                                               
Game  Commercial  Services  Board, the  Alaska  Outdoor  Council,                                                               
Safari Club  International, and  the Alaska  Professional Hunters                                                               
Association. So far he's heard nothing but support.                                                                             
                                                                                                                                
2:41:17 PM                                                                                                                    
CABOT PITTS,  representing himself, Wasilla, Alaska,  said he's a                                                               
registered   guide  and   outfitter  and   a  member   of  Alaska                                                               
Professional Hunters Association. He plans  to use packers in his                                                               
business and believes that they  need to be compensated for their                                                               
work. He asked the committee to support SB 190.                                                                                 
                                                                                                                                
2:42:24 PM                                                                                                                    
JOE   KLUTSCH,  representing   himself,   King  Salmon,   Alaska,                                                               
testified in support of SB 190. He  said he's been a guide for 34                                                               
years and  he started as  a packer. Most  of the best  guides and                                                               
many  of  the  Native  guides were  packers  before  they  became                                                               
registered  and  master  guides.  He  described  the  bill  as  a                                                               
technical correction to solve the  problem facing both registered                                                               
guides and the packers that help them.                                                                                          
                                                                                                                                
SENATOR OLSON  asked if he'd  had any trouble with  citations and                                                               
overly aggressive game wardens.                                                                                                 
                                                                                                                                
MR. KLUTSCH replied he wasn't aware of anything like that.                                                                      
                                                                                                                                
2:45:43 PM                                                                                                                    
KELLY  VREM Chair,  Big Game  Commercial Services  Board, Sutton,                                                               
Alaska,  testified in  support of  SB 190.  He said  he's been  a                                                               
guide  or assistant  guide  since  1973 and  packers  have had  a                                                               
history in  guiding since  before statehood.  It has  always been                                                               
the accepted  practice to  hire a packer  and the  assumption was                                                               
that it  was legal. It  was therefore  quite a surprise  to learn                                                               
that the practice was illegal.  SB 190 will legitimize this long-                                                               
standing practice in the guiding industry, he said.                                                                             
                                                                                                                                
He explained  that in 1989  and 1990  the Alaska Senate  formed a                                                               
task force  on guiding that  defined transporters and  guides and                                                               
the  privileges  for  each one.  They  decided  that  entry-level                                                               
guides and/or  laborers didn't  rise to  the level  of licensure,                                                               
but  this   wasn't  clarified  in  the   definition  section,  AS                                                               
08.54.790. He  said the bill  is a technical correction  and he'd                                                               
heard no objection.                                                                                                             
                                                                                                                                
MR. VREM suggested  inserting the term "assistant  guide" on page                                                               
2, line 1, to allow that person to supervise a trainee.                                                                         
                                                                                                                                
2:48:35 PM                                                                                                                    
JOE  WANT,  representing  himself,  Fairbanks,  Alaska,  said  he                                                               
doesn't disagree  with the  concept of  the legislation,  but the                                                               
wording in  subsection (b) gives  too much latitude to  the guide                                                               
that is  delegating authority. He  stressed that a  packer should                                                               
not be directly  involved in the kill and that  the packer should                                                               
not make  decisions with  the client. The  guide should  make the                                                               
decisions.                                                                                                                      
                                                                                                                                
2:51:50 PM                                                                                                                    
CHAIR DUNLEAVY  announced he would  hold SB 190 in  committee for                                                               
further consideration. Public testimony was open.                                                                               
                                                                                                                                
         SB 140-AIDEA: ARCTIC DEVELOPMENT PROGRAM/FUND                                                                      
                                                                                                                                
2:52:04 PM                                                                                                                    
CHAIR DUNLEAVY  announced the consideration  of SB 140.  He noted                                                               
that  this was  the  second  hearing and  that  there  was a  new                                                               
committee substitute (CS).                                                                                                      
                                                                                                                                
2:52:39 PM                                                                                                                    
SENATOR  MICCICHE moved  to  adopt  CS for  SB  140, labeled  28-                                                               
LS1246\R as the working document.                                                                                               
                                                                                                                                
CHAIR DUNLEAVY objected for discussion purposes.                                                                                
                                                                                                                                
2:53:10 PM                                                                                                                    
JESSE LOGAN,  Staff, Senator  Lesil McGuire,  sponsor of  SB 140,                                                               
reviewed the following changes found in Version R:                                                                              
                                                                                                                                
     Section 1. 44.88.088(a)                                                                                                  
     Page 1, Line 5 thru Page 2, Line 19                                                                                        
        · This section of  existing statute establishes that                                                                    
          the  Alaska  Industrial   Development  and  Export                                                                    
          Authority  (AIDEA)   shall  adopt  a   policy  for                                                                    
          payment  of a  dividend to  the state  each fiscal                                                                    
          year from two existing funds.                                                                                         
        · Line   9:    adds   the    Arctic   infrastructure                                                                    
          development  fund  (AIDF)  (AS 44.88.810)  to  the                                                                    
          list of funds  that repay a dividend  each year to                                                                    
          the state.                                                                                                            
        · Page 2,  Lines 14-  19 defines  the amount  of the                                                                    
          dividend from  the AIDF: the  dividend may  not be                                                                    
          less than 25% nor more  than 50% of the net income                                                                    
          of the fund.                                                                                                          
        · This section  puts the  AIDF in-line  with AIDEA's                                                                    
          revolving    fund     and    sustainable    energy                                                                    
          transmission and supply development fund (SETS).                                                                      
                                                                                                                                
     Section 2. AS 44.88.088(b)(2)                                                                                            
     Page 2, Lines 20-29                                                                                                        
        · This  section  of  existing statute  defines  "net                                                                    
          income"                                                                                                               
            o Lines      24-26:    inserts     the    Arctic                                                                    
               infrastructure development fund                                                                                  
                                                                                                                                
     Section 3. AS 44.88.088(b)(3)                                                                                            
     Page 2, line 30 thru Page 3, line 7                                                                                        
        · This  section  defines "unrestricted  net  income"                                                                    
          for the purposes of this chapter.                                                                                     
        · Page   3,   lines    3-4:   inserts   the   Arctic                                                                    
          infrastructure development fund                                                                                       
                                                                                                                                
     Sections 4-9: No change                                                                                                  
                                                                                                                              
     Section 10. AS 44.88                                                                                                     
     Page 6, line 5:                                                                                                            
        · Following "fund"                                                                                                      
            o Insert: "by a majority vote of the members                                                                        
               of the authority under AS 44.88.050 from any                                                                     
               other fund controlled"                                                                                           
               · This change clarifies that AIDEA is                                                                            
                  authorized to  transfer  money  or  assets                                                                    
                  from other funds it controls if there is a                                                                    
                  majority  vote   of  the   members,  which                                                                    
                  constitutes and action of the Board of                                                                        
                  Directors.                                                                                                    
     Page 7, Line 11:                                                                                                           
        · Delete: "an application"                                                                                              
        · Insert: "a"                                                                                                           
            o  This   reduces   the    encumbrance   of   an                                                                    
               application  being filled  out,  but the  due                                                                    
               diligence  on the  applicant and  the project                                                                    
               remain unchanged.                                                                                                
     Page 7, Line 23:                                                                                                           
        · Delete: "30"                                                                                                          
        · Insert: "40"                                                                                                          
            o  This   number   is   more   appropriate   for                                                                    
               infrastructure.                                                                                                  
     Page 7, Line 27 thru Page 8, Line1                                                                                         
        · 44.88.840 now includes this language pertaining                                                                       
          to AS 44.88.900(19)(B)                                                                                                
            o  44.88.840(d) sets  a floor or  minimum amount                                                                    
               for  loans  or  bond guarantees  for  certain                                                                    
               activities  so  that  this program  does  not                                                                    
               compete   with   existing   state   financing                                                                    
               programs related to fisheries.                                                                                   
                                                                                                                                
     Section 11. AS 44.88.900                                                                                                 
         Page 8, Line 7-14: A new definition of "Arctic                                                                         
     Infrastructure Development" is established.                                                                                
        · (19) "Arctic infrastructure development" means                                                                        
            (A)      the     construction,      improvement,                                                                    
            rehabilitation , or expansion  of a facility [IN                                                                  
            THE  ARCTIC OF  A  PORT,  ROAD, ENERGY  PROJECT,                                                                    
            HANGAR, OR  FACILITY  TO AID  IN DEVELOPMENT  OR                                                                    
            MEET EMERGENCY RESPONSE NEEDS].                                                                                     
               (i) In  the Arctic  to aid in  development or                                                                  
               meet emergency response needs; or                                                                              
               (ii)  In  the   state  if  the  construction,                                                                  
               improvement,  rehabilitation,   or  expansion                                                                  
               supports  or furthers  the  development of  a                                                                  
               facility in the Arctic.                                                                                        
        · The removal of the list of types of facilities                                                                        
          was done to ensure that the list was inclusive,                                                                       
          rather than exclusive, of unforeseen future                                                                           
          infrastructure needs.                                                                                                 
        · The addition of AS 44.88.900(19)(b) was done to                                                                       
          ensure that the fund was authorized to help                                                                           
          finance infrastructure needs in all areas of the                                                                      
          state that may be necessary to support the                                                                            
          development of infrastructure in the Arctic.                                                                          
                                                                                                                                
     Page 8, Lines 15-19:                                                                                                       
        · Additional    language    added   pertaining    to                                                                    
          fisheries:                                                                                                            
            o 44.88.900(19)(B)                                                                                                  
                ƒThe purchase or repair of a fishing                                                                         
                  vessel  for use  in  an federally  managed                                                                  
                  fishery, the  purchase of quota  shares or                                                                  
                  individual   fishing  quota   used  in   a                                                                  
                  federally  managed fishery in  the Arctic,                                                                  
                  or   the   construction,   improvement   ,                                                                  
                  rehabilitation,  or expansion of  a plant,                                                                  
                  facility, or equipment  used in support of                                                                  
                  a fishery in the Arctic.                                                                                    
            o This language allows the AIDF to support                                                                          
               fisheries in the Arctic.                                                                                         
                                                                                                                                
2:55:39 PM                                                                                                                    
CHAIR  DUNLEAVY removed  his objection.  There  being no  further                                                               
objection, Version [R] was adopted.                                                                                             
                                                                                                                                
2:55:59 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
2:56:11 PM                                                                                                                    
CHAIR DUNLEAVY reconvened the meeting.                                                                                          
                                                                                                                                
SENATOR OLSON thanked the sponsor for bringing the bill forward.                                                                
                                                                                                                                
2:56:45 PM                                                                                                                    
SENATOR  MICCICHE  directed  attention   to  the  limitations  on                                                               
financing  provision in  Sec. 44.88.840  on page  7, line  15. He                                                               
asked for a  description of the provisions in  paragraphs (1) and                                                               
(2) in subsection (a).                                                                                                          
                                                                                                                                
SENATOR  MCGUIRE   said  her   understanding  was   that  without                                                               
legislative approval,  AIDEA could use the  Arctic infrastructure                                                               
development fund  to make a loan  for less than one-third  of the                                                               
capital cost of  an Arctic infrastructure project  or AIDEA could                                                               
make a  loan guarantee  for less than  $20 million.  She deferred                                                               
further explanation to AIDEA.                                                                                                   
                                                                                                                                
SENATOR MICCICHE asked AIDEA to describe the provisions.                                                                        
                                                                                                                                
2:58:31 PM                                                                                                                    
MARK  DAVIS, Deputy  Director,  Alaska  Industrial Development  &                                                               
Export Authority  (AIDEA), Anchorage, Alaska, explained  that the                                                               
limitations are  designed so  that AIDEA  is always  working with                                                               
the private sector  on these types of  financing. The explanation                                                               
for  the one-third  limitation on  the loan  is that  AIDEA would                                                               
like to  use private sector  lending whenever possible.  The idea                                                               
behind the  $20 million cap  on the  loan guarantee is  to ensure                                                               
that  AIDEA's bonding  capability remains  intact. He  noted that                                                               
the legislature could waive either  of those limitations and they                                                               
were waived  last session  in Senate  Bill 23  in support  of the                                                               
Interior Energy Project. AIDEA feels  it is appropriate to obtain                                                               
legislative approval for very large projects like that.                                                                         
                                                                                                                                
3:01:03 PM                                                                                                                    
SENATOR  MICCICHE  moved  to  adopt   Amendment  1,  labeled  28-                                                               
LS1246\R.2.                                                                                                                     
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE               BY SENATOR MICCICHE                                                                    
                                                                                                                                
          TO:  CSSB 140(   ), Draft Version "R"                                                                                 
                                                                                                                                
                                                                                                                                
     Page 7, following line 26:                                                                                                 
     Insert a new subsection to read:                                                                                           
          "(d)  Notwithstanding (a) of this section, the                                                                        
     authority may  not provide financing  or loans  or bond                                                                    
     guarantees in  an amount less  than $7,000,000  for the                                                                    
     purchase  or  repair of  a  fishing  vessel used  in  a                                                                    
     federally  managed  fishery,   the  purchase  of  quota                                                                    
     shares or individual fishing quota  used in a federally                                                                    
     managed  fishery in  the Arctic,  or the  construction,                                                                    
     improvement, rehabilitation,  or expansion of  a plant,                                                                    
     facility,  or equipment  used in  support  of a  state-                                                                    
     managed fishery in the Arctic."                                                                                            
                                                                                                                                
     Page 8, line 1, following "means":                                                                                         
          Insert "(A)"                                                                                                          
                                                                                                                                
     Page 8, line 3:                                                                                                            
          Delete "(A)"                                                                                                          
          Insert "(i)"                                                                                                          
                                                                                                                                
     Page 8, line 5:                                                                                                            
          Delete "(B)"                                                                                                          
          Insert "(ii)"                                                                                                         
                                                                                                                                
     Page 8, line 6, following "Arctic":                                                                                        
          Insert "; or                                                                                                          
               (B)  the purchase or repair of a fishing                                                                         
     vessel  for use  in  a federally  managed fishery,  the                                                                    
     purchase of  quota shares  or individual  fishing quota                                                                    
     used in a  federally managed fishery in  the Arctic, or                                                                    
     the   construction,  improvement,   rehabilitation,  or                                                                    
     expansion of  a plant,  facility, or equipment  used in                                                                    
     support of a state-managed fishery in the Arctic"                                                                          
                                                                                                                                
CHAIR DUNLEAVY objected for discussion purposes.                                                                                
                                                                                                                                
SENATOR MICCICHE read the amendment.                                                                                            
                                                                                                                                
SENATOR OLSON asked if the sponsor supported the amendment.                                                                     
                                                                                                                                
SENATOR MCGUIRE said she did support the amendment.                                                                             
                                                                                                                                
3:02:10 PM                                                                                                                    
SENATOR STEDMAN asked the purpose of the amendment.                                                                             
                                                                                                                                
SENATOR MICCICHE explained that the amendment allows support for                                                                
Arctic infrastructure and Arctic-related projects for ports that                                                                
support the Arctic but aren't located in the Arctic but.                                                                        
                                                                                                                                
SENATOR OLSON asked if the fiscal note would be affected.                                                                       
                                                                                                                                
SENATOR MICCICHE replied it doesn't change the fiscal note.                                                                     
                                                                                                                                
SENATOR OLSON asked if AIDEA supported the amendment.                                                                           
                                                                                                                                
MR. DAVIS said AIDEA generally supports the amendment but would                                                                 
suggest on page 1, line 8, striking the term "state-managed"                                                                    
because AIDEA supports both federal and state-managed fisheries.                                                                
                                                                                                                                
3:04:27 PM                                                                                                                    
SENATOR STEDMAN asked if that change was acceptable to the                                                                      
amendment sponsor.                                                                                                              
                                                                                                                                
3:05:03 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
3:06:27 PM                                                                                                                    
CHAIR DUNLEAVY reconvened the meeting.                                                                                          
                                                                                                                                
SENATOR MICCICHE said he doesn't object to the suggested                                                                        
revision.                                                                                                                       
                                                                                                                                
CHAIR DUNLEAVY asked if there was any objection to the amendment                                                                
to the amendment.                                                                                                               
                                                                                                                                
3:07:12 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
3:07:41 PM                                                                                                                    
SENATOR MICCICHE withdrew his motion to adopt Amendment 1,                                                                      
labeled 28-LS1246\R.2.                                                                                                          
                                                                                                                                
SENATOR MICCICHE moved to adopt 28-LS1246\R.2 as amended.                                                                       
                                                                                                                                
                          AMENDMENT 2                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE               BY SENATOR MICCICHE                                                                    
                                                                                                                                
          TO:  CSSB 140(   ), Draft Version "R"                                                                                 
                                                                                                                                
                                                                                                                                
     Page 7, following line 26:                                                                                                 
     Insert a new subsection to read:                                                                                           
          "(d)  Notwithstanding (a) of this section, the                                                                        
     authority may  not provide financing  or loans  or bond                                                                    
     guarantees in  an amount less  than $7,000,000  for the                                                                    
     purchase  or  repair of  a  fishing  vessel used  in  a                                                                    
     federally  managed  fishery,   the  purchase  of  quota                                                                    
     shares or individual fishing quota  used in a federally                                                                    
     managed  fishery in  the Arctic,  or the  construction,                                                                    
     improvement, rehabilitation,  or expansion of  a plant,                                                                    
     facility,  or equipment  used in  support  of a  state-                                                                    
     managed fishery in the Arctic."                                                                                            
                                                                                                                                
     Page 8, line 1, following "means":                                                                                         
          Insert "(A)"                                                                                                          
                                                                                                                                
     Page 8, line 3:                                                                                                            
          Delete "(A)"                                                                                                          
          Insert "(i)"                                                                                                          
                                                                                                                                
     Page 8, line 5:                                                                                                            
          Delete "(B)"                                                                                                          
          Insert "(ii)"                                                                                                         
                                                                                                                                
     Page 8, line 6, following "Arctic":                                                                                        
          Insert "; or                                                                                                          
               (B)  the purchase or repair of a fishing                                                                         
     vessel  for use  in  a federally  managed fishery,  the                                                                    
     purchase of  quota shares  or individual  fishing quota                                                                    
     used in a  federally managed fishery in  the Arctic, or                                                                    
     the   construction,  improvement,   rehabilitation,  or                                                                    
     expansion of  a plant,  facility, or equipment  used in                                                                    
     support of a fishery in the Arctic"                                                                                        
                                                                                                                                
CHAIR DUNLEAVY objected for discussion purposes.                                                                                
                                                                                                                                
SENATOR MICCICHE  explained that the foregoing  discussion was to                                                               
remove  the term  "state-managed" from  page  1, line  8, of  the                                                               
original amendment, 28-LS1246\R.2. There was no other change.                                                                   
                                                                                                                                
CHAIR   DUNLEAVY  removed   his  objection   and  opened   public                                                               
testimony.                                                                                                                      
                                                                                                                                
3:09:40 PM                                                                                                                    
RON LONG, City  of Seward, stated support for SB  140 as amended,                                                               
consistent with their testimony on the original bill.                                                                           
                                                                                                                                
3:10:11 PM                                                                                                                    
CHAIR DUNLEAVY closed public testimony.                                                                                         
                                                                                                                                
3:10:21 PM                                                                                                                    
SENATOR STEDMAN moved  to report CS for SB 140,  as amended, from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s).                                                                                                                        
                                                                                                                                
CHAIR DUNLEAVY  announced that  without objection,  CSSB 140(L&C)                                                               
moved from the Senate Labor and Commerce Standing Committee.                                                                    
                                                                                                                                
3:10:35 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
3:10:48 PM                                                                                                                    
CHAIR  DUNLEAVY   reconvened  the   meeting  and   discussed  the                                                               
committee schedule for the following week.                                                                                      
                                                                                                                                
3:11:02 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair Dunleavy  adjourned the Senate Labor  and Commerce Standing                                                               
Committee meeting at 3:11 p.m.                                                                                                  
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
CS SB99 version C.pdf SL&C 3/13/2014 1:30:00 PM
SB 99
CSSB 99 Explanation of Changes Version C.pdf SL&C 3/13/2014 1:30:00 PM
SB 99
CSSB 99 Sectional Analysis Version C.pdf SL&C 3/13/2014 1:30:00 PM
SB 99
SB166_DCCEDResponseLetter.pdf SL&C 3/13/2014 1:30:00 PM
SB 166
SB167_ Infograph.pdf SL&C 3/13/2014 1:30:00 PM
SB 167
CS SB 140 Explanation of Changes Version R.pdf SL&C 3/13/2014 1:30:00 PM
SB 140
CS SB 140 Sectional Analysis version R.pdf SL&C 3/13/2014 1:30:00 PM
SB 140
CS SB140 Version R.pdf SL&C 3/13/2014 1:30:00 PM
SB 140
SB0190A.PDF SL&C 3/13/2014 1:30:00 PM
SB 190
SB190 CS ver U.pdf SL&C 3/13/2014 1:30:00 PM
SB 190
SB 190 Sponsor Statement.pdf SL&C 3/13/2014 1:30:00 PM
SB 190
SB190 Summary of Changes ver A to ver U.pdf SL&C 3/13/2014 1:30:00 PM
SB 190
SB190_ support letters_Bishop.pdf SL&C 3/13/2014 1:30:00 PM
SB 190
SB190_support letters_Chadd.pdf SL&C 3/13/2014 1:30:00 PM
SB 190
SB190_support letters_Entsminger.pdf SL&C 3/13/2014 1:30:00 PM
SB 190
SB190_support letters_Geary.pdf SL&C 3/13/2014 1:30:00 PM
SB 190
SB190_support letters_Harms.pdf SL&C 3/13/2014 1:30:00 PM
SB 190
SB190_support letters_Jacobson.pdf SL&C 3/13/2014 1:30:00 PM
SB 190
SB190_support letters_Joyce.pdf SL&C 3/13/2014 1:30:00 PM
SB 190
SB190_support letters_King.pdf SL&C 3/13/2014 1:30:00 PM
SB 190
SB190_support letters_Klutsch.pdf SL&C 3/13/2014 1:30:00 PM
SB 190
SB190_support letters_Kubat.pdf SL&C 3/13/2014 1:30:00 PM
SB 190
SB190_support letters_Leonard.pdf SL&C 3/13/2014 1:30:00 PM
SB 190
SB190_support letters_McCarthy.pdf SL&C 3/13/2014 1:30:00 PM
SB 190
SB190_support letters_Munsey.pdf SL&C 3/13/2014 1:30:00 PM
SB 190
SB190_support letters_Parker.pdf SL&C 3/13/2014 1:30:00 PM
SB 190
SB190_support letters_Pitts.pdf SL&C 3/13/2014 1:30:00 PM
SB 190
SB190_support letters_Smith.pdf SL&C 3/13/2014 1:30:00 PM
SB 190
SB190_support letters_Tiffany IV.pdf SL&C 3/13/2014 1:30:00 PM
SB 190
SB190-DCCED-CBPL-03-07-14.pdf SL&C 3/13/2014 1:30:00 PM
SB 190
SB190-DPS-AWT-03-07-14.pdf SL&C 3/13/2014 1:30:00 PM
SB 190
SB 156 - Sponsor Statement.pdf SL&C 3/13/2014 1:30:00 PM
SB 156
SB 156.pdf SL&C 3/13/2014 1:30:00 PM
SB 156
SB 156 - Sectional Analysis.pdf SL&C 3/13/2014 1:30:00 PM
SB 156
SB156-DCCED-CBPL-03-07-14.pdf SL&C 3/13/2014 1:30:00 PM
SB 156
SB 156 - Support letter - Lucey.pdf SL&C 3/13/2014 1:30:00 PM
SB 156
SB 156 - Board letter to Rep Munoz Aug 2012.pdf SL&C 3/13/2014 1:30:00 PM
SB 156
SB 156 - Letter from CDM Board.pdf SL&C 3/13/2014 1:30:00 PM
SB 156
SB 156 - Letter of Support - Downing.pdf SL&C 3/13/2014 1:30:00 PM
SB 156
SB 156 - Letter of Support - MAA.pdf SL&C 3/13/2014 1:30:00 PM
SB 156
SB 156 - Letter of Support - Norton.pdf SL&C 3/13/2014 1:30:00 PM
SB 156
SB 156 - Letter of Support - Taygan.pdf SL&C 3/13/2014 1:30:00 PM
SB 156
SB 156 - CDM Annual Report FY 13.pdf SL&C 3/13/2014 1:30:00 PM
SB 156
SB 193 Sectional Analysis_Updated.pdf SL&C 3/13/2014 1:30:00 PM
SB 193
SB 140 ARPA_Polar map.pdf SL&C 3/13/2014 1:30:00 PM
SB 140
SB166_SupportLetter_ProNurses.pdf SL&C 3/13/2014 1:30:00 PM
SB 166