Legislature(2015 - 2016)BELTZ 105 (TSBldg)

03/10/2015 01:30 PM LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 60 ESTABLISH MARIJUANA CONTROL BOARD TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
*+ SB 53 ADVANCED PRACTICE REGISTERED NURSES TELECONFERENCED
Heard & Held
*+ SB 44 RELIGIOUS UNION EXEMPTION: PERA & AKRR TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
          SENATE LABOR AND COMMERCE STANDING COMMITTEE                                                                        
                         March 10, 2015                                                                                         
                           1:30 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Mia Costello, Chair                                                                                                     
Senator Cathy Giessel, Vice Chair                                                                                               
Senator Kevin Meyer                                                                                                             
Senator Johnny Ellis                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Gary Stevens                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 60                                                                                                              
"An  Act establishing  the Marijuana  Control Board;  relating to                                                               
the powers  and duties of  the Marijuana Control  Board; relating                                                               
to the  appointment, removal, and  duties of the director  of the                                                               
Marijuana  Control  Board;  relating to  the  Alcoholic  Beverage                                                               
Control Board; and providing for an effective date."                                                                            
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 53                                                                                                              
"An  Act  relating  to   advanced  practice  registered  nursing;                                                               
relating to certified direct- entry  midwifery; and providing for                                                               
an effective date."                                                                                                             
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 44                                                                                                              
"An  Act  relating to  the  religious  exemptions in  the  Public                                                               
Employment  Relations Act  and  the  Alaska Railroad  Corporation                                                               
Act."                                                                                                                           
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB  60                                                                                                                  
SHORT TITLE: ESTABLISH MARIJUANA CONTROL BOARD                                                                                  
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
02/23/15       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/23/15       (S)       L&C, STA, FIN                                                                                          
03/10/15       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB  53                                                                                                                  
SHORT TITLE: ADVANCED PRACTICE REGISTERED NURSES                                                                                
SPONSOR(s): GIESSEL                                                                                                             
                                                                                                                                
02/18/15       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/18/15       (S)       L&C, HSS                                                                                               
03/10/15       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB  44                                                                                                                  
SHORT TITLE: RELIGIOUS UNION EXEMPTION: PERA & AKRR                                                                             
SPONSOR(s): GIESSEL                                                                                                             
                                                                                                                                
02/09/15       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/09/15       (S)       L&C, JUD                                                                                               
03/10/15       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JOHN BITTNER, Deputy Commissioner                                                                                               
Department of Commerce, Community and Economic Development                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Introduced SB 60 on behalf of the                                                                        
administration.                                                                                                                 
                                                                                                                                
CYNTHIA FRANKLIN, Director                                                                                                      
Alcoholic Beverage Control Board (ABC)                                                                                          
Department of Commerce, Community and Economic Development                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Provided supporting testimony for SB 60.                                                                 
                                                                                                                                
JANE CONWAY, Staff                                                                                                              
Senator Cathy Giessel                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided a sectional analysis for SB 53.                                                                 
                                                                                                                                
SARA CHAMBERS, Operations Manager                                                                                               
Division of Corporations, Business and Professional Licensing                                                                   
Department of Commerce, Community and Economic Development                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Explained the fiscal note for SB 53.                                                                     
                                                                                                                                
CARRIE DOYLE, DNP                                                                                                               
Alaska Clinical Nurse Specialist Association                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of SB 53.                                                                           
                                                                                                                                
ARLENE BRISCOE, Legislative Chair                                                                                               
Alaska Nurses Association                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 53.                                                                            
                                                                                                                                
FORREST WOLFE, Staff                                                                                                            
Senator Cathy Giessel                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions related to SB 44.                                                                     
                                                                                                                                
GREGORY W. HAMILTON, President                                                                                                  
Northwest Religious Liberty Association                                                                                         
Ridgefield, Washington                                                                                                          
POSITION STATEMENT:  Testified in support of SB 44.                                                                           
                                                                                                                                
MARK TORGERSON, Administrator and Hearing Officer                                                                               
Alaska Labor Relations Agency                                                                                                   
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Provided information related to SB 44.                                                                   
                                                                                                                                
DON ETHRIDGE, Lobbyist                                                                                                          
Alaska AFL-CIO                                                                                                                  
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Suggested a small change to SB 44.                                                                       
                                                                                                                                
CAROL CARMAN, representing herself                                                                                              
Palmer, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of SB 44.                                                                           
                                                                                                                                
DAVID NEES, representing himself                                                                                                
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of SB 44.                                                                           
                                                                                                                                
DAVID BOYLE, representing himself                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of SB 44.                                                                           
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:30:43 PM                                                                                                                    
CHAIR MIA COSTELLO called the  Senate Labor and Commerce Standing                                                             
Committee meeting  to order at 1:30  p.m. Present at the  call to                                                               
order were Senators Ellis, Meyer and Chair Costello.                                                                            
                                                                                                                                
            SB  60-ESTABLISH MARIJUANA CONTROL BOARD                                                                        
                                                                                                                                
1:31:06 PM                                                                                                                    
CHAIR  COSTELLO announced  the consideration  of SB  60. "An  Act                                                               
establishing the Marijuana Control  Board; relating to the powers                                                               
and  duties  of the  Marijuana  Control  Board; relating  to  the                                                               
appointment,  removal,   and  duties  of  the   director  of  the                                                               
Marijuana  Control  Board;  relating to  the  Alcoholic  Beverage                                                               
Control Board; and providing for an effective date."                                                                            
                                                                                                                                
1:31:50 PM                                                                                                                    
JOHN  BITTNER,  Deputy   Commissioner,  Department  of  Commerce,                                                               
Community and  Economic Development (DCCED), introduced  SB 60 on                                                               
behalf  of the  administration. He  explained that  following the                                                               
passage  of  Ballot  Measure  2,  DCCED  explored  a  variety  of                                                               
regulatory  structures for  regulating  marijuana  in Alaska  and                                                               
settled on a hybrid of a stand-alone entity.                                                                                    
                                                                                                                                
SB  60 creates  a  stand-alone Marijuana  Control  Board that  is                                                               
housed within  the ABC agency in  order to take advantage  of the                                                               
existing  Alcoholic   Beverage  Control  (ABC)   Board  executive                                                               
director and  staff. He acknowledged  that alcohol is  a distinct                                                               
substance from  marijuana and  posited that a  lot of  the issues                                                               
and difficulties that will arise are  likely to be the same. This                                                               
structure will  reduce the  costs associated  with standing  up a                                                               
stand-alone  entity  while  still  achieving the  intent  of  the                                                               
initiative and meeting the deadlines within the proposition.                                                                    
                                                                                                                                
1:34:58 PM                                                                                                                    
MR. BITTNER provided the following sectional analysis:                                                                          
                                                                                                                                
     Section 1:  Amends Title 4  naming the director  of the                                                                  
     Alcoholic  Beverage Control  Board as  the director  of                                                                    
     the Marijuana  Control Board.  It also  establishes the                                                                    
     process for  appointment and  removal of  the director,                                                                    
     requiring a majority vote from both boards.                                                                                
                                                                                                                                
     Section  2:   Establishes  the   five-member  Marijuana                                                                  
     Control  Board in  Title 17  with designated  seats for                                                                    
     public  health,  rural representation,  public  safety,                                                                    
     and  industry members.  This section  reflects the  way                                                                    
     DCCED  wishes alcohol  was regulated,  not the  current                                                                    
     structure.  Subsections (d)  and  (e)  provide that  in                                                                    
     certain  circumstances  the  director may  fulfill  the                                                                    
     obligation of a public  safety or public health member.                                                                    
     That  person  would then  be  replaced  with a  general                                                                    
     public member.                                                                                                             
                                                                                                                                
     Section 3:  Establishes the terms  of office  for board                                                                  
     members and the chair,  sets out requirements for board                                                                    
     meetings, and provides for board  members' per diem. It                                                                    
     also outlines  the powers  and duties  of the  board to                                                                    
     propose     and     adopt    regulations,     establish                                                                    
     qualifications for  licensure, review  applications for                                                                    
     licensure,  hear  appeals  from   the  actions  of  the                                                                    
     director, reduce  the area of  a licensed  premise, and                                                                    
     adopt  regulations  according  to  AS  44.63.  It  also                                                                    
     establishes   the   board's   enforcement   powers   as                                                                    
     mirroring  those  of  the  Alcoholic  Beverage  Control                                                                    
     Board  outlined in  AS 04.06.110.  And it  provides for                                                                    
     appointment   and   removal   of   the   director   and                                                                    
     establishes the duties of the director.                                                                                    
                                                                                                                                
     Section  4: Defines  the board  in  AS 17.38.900(1)  to                                                                  
     mean the  Marijuana Control Board  created by  this Act                                                                    
     to reflect the changes made in Ballot Measure 2.                                                                           
                                                                                                                                
     Section 5: Defines the term  "director" as the director                                                                  
     of  the  Alcoholic  Beverage   Control  Board  and  the                                                                    
     Marijuana    Control    Board.    It    also    defines                                                                    
     "registration"  to mean  registration  or licensure  as                                                                    
     determined by regulation                                                                                                   
                                                                                                                                
     Section  6:  Amends the  duties  of  the Department  of                                                                  
     Commerce,  Community,   and  Economic   Development  to                                                                    
     include providing  clerical and  administrative support                                                                    
     for  the Marijuana  Control Board,  similar to  the way                                                                    
     DCCED provides support to the ABC Board.                                                                                   
                                                                                                                                
     Section  7:  Amends  the  uncodified  law  for  initial                                                                  
     appointment of board members.                                                                                              
                                                                                                                                
     Section 8:  Provides for the transition  of regulations                                                                  
     such  that  if  the Alcoholic  Beverage  Control  Board                                                                    
     adopts  any regulations  before  the Marijuana  Control                                                                    
     Board   is   created,    those   regulations   can   be                                                                    
     implemented,  enforced,  amended  or  repealed  by  the                                                                    
     Marijuana Control Board,  and provides that regulations                                                                    
       adopted by the board in any transition period take                                                                       
     effect after the effective date of the Act.                                                                                
                                                                                                                                
     Section 9: Provides for an immediate effective date.                                                                     
                                                                                                                                
1:38:37 PM                                                                                                                    
SENATOR MEYER asked how the makeup  of this new board compares to                                                               
the makeup of the ABC Board.                                                                                                    
                                                                                                                                
1:38:59 PM                                                                                                                    
CYNTHIA  FRANKLIN,  Director,  Alcoholic Beverage  Control  (ABC)                                                               
Board,   Department   of   Commerce,   Community   and   Economic                                                               
Development  (DCCED), explained  that the  ABC Board  is a  five-                                                               
member volunteer  board; two seats  are designated  for industry,                                                               
two seats  are public, and one  seat is designated as  rural. The                                                               
proposed Marijuana  Control Board also consists  of five members;                                                               
not  more than  two  members  may be  involved  in the  marijuana                                                               
industry,  one member  shall be  from public  safety, one  member                                                               
shall  be from  public health,  and one  member shall  be from  a                                                               
rural area.  She noted that  the stakeholder group that  has been                                                               
working for  several years  on revisions  to Title  4 recommended                                                               
changing  the composition  of  the ABC  Board  to include  public                                                               
safety  and  public  health  designations   similar  to  the  new                                                               
marijuana board. That group also  recommended that the background                                                               
of the  agency director  be taken  into account  when determining                                                               
the designated  seats. For  example, if  the agency  is led  by a                                                               
director  who has  a  background in  the  alcohol industry,  that                                                               
would reduce the industry seat on the board by one.                                                                             
                                                                                                                                
SENATOR MEYER  asked if  there were other  options to  bring down                                                               
the cost of this new board.                                                                                                     
                                                                                                                                
MS.  FRANKLIN  answered that  DCCED  looked  at options  such  as                                                               
adding additional members to the  ABC Board, but that would upset                                                               
the  balance between  the public  and industry.  To maintain  the                                                               
balance while  not giving  industry a majority  vote it  would be                                                               
necessary to  add two public  and two industry members.  Based on                                                               
the  current   travel  costs  for  the   five-member  ABC  Board,                                                               
extending  the  membership to  nine  members  would yield  little                                                               
savings  and  increase the  difficulty  of  getting nine  members                                                               
together five  times a  year for  required meetings.  The balance                                                               
that  was struck  was to  keep the  agency staffing  the same  to                                                               
serve the two boards.                                                                                                           
                                                                                                                                
1:45:39 PM                                                                                                                    
SENATOR  MEYER asked  how  SB 30  the criminal  bill,  SB 62  the                                                               
regulatory civil law  bill, and SB 60 that  creates the Marijuana                                                               
Control Board interrelate.                                                                                                      
                                                                                                                                
MS.  FRANKLIN opined  that the  regulatory bill  doesn't have  to                                                               
pass in order  for this bill to  have an effect. SB  60 is stand-                                                               
alone  legislation  for  fleshing out  the  regulatory  authority                                                               
contained in  AS 17.38. If  SB 60 or similar  legislation doesn't                                                               
pass,  the  ABC  Board  will   undertake  the  responsibility  of                                                               
regulating  marijuana. However,  AS 17.38  only gives  the agency                                                               
the  authority to  control  licensees,  not unlicensed  marijuana                                                               
businesses. She said that's a problem.                                                                                          
                                                                                                                                
1:49:41 PM                                                                                                                    
SENATOR MEYER asked if the  silver lining of legalizing marijuana                                                               
is that spice and bath salts will be used less.                                                                                 
                                                                                                                                
MS. FRANKLIN opined that the  legislation on spice and bath salts                                                               
made a  big difference  in terms  of retail  sales, and  that the                                                               
demand for  other types of  "legal" highs will fall  as marijuana                                                               
licenses are issued.                                                                                                            
                                                                                                                                
SENATOR MEYER  asked if spice could  still be sold in  a licensed                                                               
marijuana establishment.                                                                                                        
                                                                                                                                
MS.  FRANKLIN stated  that  the intention  is  to have  marijuana                                                               
tracking  software  similar  to   what's  used  in  Colorado  and                                                               
Washington so  the plant can  be tracked from cultivation  to the                                                               
retail outlet. This is to ensure  that the marijuana was grown by                                                               
a licensed grower,  processed by a licensed  processor, tested by                                                               
a licensed testing facility, and sold by a licensed retailer.                                                                   
                                                                                                                                
1:52:22 PM                                                                                                                    
CHAIR COSTELLO asked if a  person with industry experience leaves                                                               
the  position  of  director,  would preference  be  given  to  an                                                               
applicant whose background fulfills the missing designation.                                                                    
                                                                                                                                
MS. FRANKLIN answered that is her understanding.                                                                                
                                                                                                                                
CHAIR  COSTELLO expressed  concern  that this  approach might  be                                                               
adopted by other boards and  commissions. She also asked why some                                                               
of the restrictions on board members extends to family members.                                                                 
                                                                                                                                
MS.  FRANKLIN explained  that the  language  is in  Title 4  with                                                               
regard to  the industry designation.  It's intended to  avoid the                                                               
potential circumstance  of a public member  essentially acting on                                                               
behalf  of  the  industry  because   he/she  has  such  a  vested                                                               
interest.                                                                                                                       
                                                                                                                                
CHAIR COSTELLO asked  if the intention is to set  up a board that                                                               
registers  participants in  the  marijuana  industry or  licenses                                                               
participants like  is done  with alcohol,  because the  bill uses                                                               
the terms interchangeably.                                                                                                      
                                                                                                                                
MS. FRANKLIN replied the intention  is to use the terms "license"                                                               
and  "licensure." The  word "registration"  appears in  AS 17.38,                                                               
which  is the  reason for  the  definition that  equates the  two                                                               
terms.                                                                                                                          
                                                                                                                                
1:56:51 PM                                                                                                                    
CHAIR COSTELLO asked about the lack of a sunset provision.                                                                      
                                                                                                                                
MS. FRANKLIN responded that an  amendment is being drafted to add                                                               
a sunset; the omission was an oversight.                                                                                        
                                                                                                                                
CHAIR COSTELLO asked her to speak to the fiscal note.                                                                           
                                                                                                                                
MS. FRANKLIN explained  that the costs of the  separate board are                                                               
the per  diem and travel  for the additional five  board members.                                                               
She said the  fiscal note reflects higher costs than  for the ABC                                                               
Board  in 2014  because the  new board  might need  to meet  more                                                               
often the first  year to work on regulations.  The staffing costs                                                               
reflect six additional agency staff  over the FY2015 supplemental                                                               
and  the FY2016  budget  cycles. The  fiscal  note also  reflects                                                               
startup costs,  the majority of  which was $500,000  for software                                                               
in FY2016.  There is  also some cost  associated with  moving the                                                               
current  staff to  accommodate the  additional  people, which  is                                                               
included in the FY2015 supplemental budget.                                                                                     
                                                                                                                                
1:58:57 PM                                                                                                                    
SENATOR GIESSEL joined the committee.                                                                                           
                                                                                                                                
2:00:50 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
2:02:29 PM                                                                                                                    
CHAIR COSTELLO reconvened the meeting.                                                                                          
                                                                                                                                
MS. FRANKLIN  delivered a PowerPoint titled  "State Regulation of                                                               
Recreational Marijuana - Structures of Government Agencies."                                                                    
                                                                                                                                
She  explained that  Colorado does  not have  a regulatory  board                                                               
structure. Marijuana,  alcohol, and gaming are  overseen by state                                                               
employees  in  three  divisions in  the  Colorado  Department  of                                                               
Revenue.  The Marijuana  Enforcement  Division  has four  offices                                                               
statewide  with  55  full-time   employees,  many  of  which  are                                                               
criminal  investigators and  compliance investigators.  There are                                                               
also 13  licensing employees and a  few administrative employees.                                                               
She noted that  any commercial establishment is  required to hold                                                               
both a state and local license to sell marijuana.                                                                               
                                                                                                                                
MS. FRANKLIN  reviewed data for the  Marijuana Licensing Division                                                               
for the City and County of  Denver, noting that the population is                                                               
similar to  that of the  state of Alaska. The  division initially                                                               
requested 16 new employees in the  2014 budget and then 21.5 more                                                               
in the supplemental  budget to cover the  additional work created                                                               
by  licensing.   The  revenue   from  the   commercialization  of                                                               
marijuana more than covers the cost of these employees.                                                                         
                                                                                                                                
2:07:14 PM                                                                                                                    
She highlighted that Washington  State uses the Washington Liquor                                                               
Control Board to  issue and enforce marijuana  licenses, which is                                                               
a  more similar  structure  to Alaska's.  The  board consists  of                                                               
three  full-time state  employees who  meet three  times a  week.                                                               
There is a  director and 297 employees statewide.  She noted that                                                               
some of the employees were  hired short-term with the expectation                                                               
that they wouldn't be needed later on.                                                                                          
                                                                                                                                
2:08:36 PM                                                                                                                    
MS. FRANKLIN  noted that Oregon legalized  recreational marijuana                                                               
at  the  same  time  as  Alaska and  the  Oregon  Liquor  Control                                                               
Commission is  the regulatory authority.  For alcohol,  there are                                                               
five  citizen commissioners  appointed by  the governor  who meet                                                               
monthly for  1-2 days.  One commissioner  is a  representative of                                                               
the  alcohol/food   industry.  The  commission  has   an  alcohol                                                               
director  with  211  employees to  oversee  about  15,000  liquor                                                               
licenses.  A  marijuana  director   was  hired  and  1  marijuana                                                               
industry representative  was added to the  citizen commission. At                                                               
this time  it isn't  clear how many  full-time employees  will be                                                               
needed for  the regulation and licensure  of marijuana statewide.                                                               
She offered to  follow-up with the data as  it becomes available.                                                               
She highlighted that  unlike Alaska, Oregon has  no local option;                                                               
the  rules the  state adopts  for  marijuana will  apply for  the                                                               
entire state.                                                                                                                   
                                                                                                                                
MS.  FRANKLIN  reviewed  the  current   data  for  the  Alcoholic                                                               
Beverage Control  (ABC) Board for comparison  purposes. The five-                                                               
member volunteer board  meets five times per year in  each of the                                                               
jurisdictions.  The  current  employees include  a  director,  an                                                               
enforcement supervisor,  4 enforcement officers -  2 in Anchorage                                                               
and 1  each in  Fairbanks and Juneau,  a licensing  supervisor, 2                                                               
licensing specialists, 1 administrative assistant, and 1 clerk.                                                                 
                                                                                                                                
She  noted that  the FY2015  supplemental budget  request is  not                                                               
included  in the  fiscal  note, but  would  add 1  administrative                                                               
officer  and 1  additional  business  registration examiner.  The                                                               
FY2016 budget  request is for 1  additional business registration                                                               
examiner and 3 additional enforcement  officers for a total of 17                                                               
employees. She said  the board and staff has done  quite a bit of                                                               
work  on marijuana  since the  initiative passed  and more  staff                                                               
will likely be  needed going forward if the  board regulates both                                                               
alcohol and marijuana long term.                                                                                                
                                                                                                                                
CHAIR COSTELLO  noted that the  revised fiscal note  includes the                                                               
supplemental request.                                                                                                           
                                                                                                                                
She stated  that SB  60 would  be held  in committee  for further                                                               
consideration.                                                                                                                  
                                                                                                                                
                                                                                                                                
           SB  53-ADVANCED PRACTICE REGISTERED NURSES                                                                       
                                                                                                                                
2:14:22 PM                                                                                                                    
CHAIR  COSTELLO announced  the consideration  of SB  53. "An  Act                                                               
relating  to advanced  practice registered  nursing; relating  to                                                               
certified direct entry midwifery;  and providing for an effective                                                               
date." She  stated her intention  to hear the  introduction, take                                                               
public testimony, and hold the bill for further consideration.                                                                  
                                                                                                                                
SENATOR  CATHY  GIESSEL,  sponsor,  SB 53,  explained  that  this                                                               
legislation  updates  the  statutory  title  of  "Advanced  Nurse                                                               
Practitioner"  to "Advanced  Practice  Registered Nurse"  (APRN).                                                               
This change  would bring  Alaska statutes  into alignment  with a                                                               
national movement  to standardize  the titles  for this  level of                                                               
primary care provider.                                                                                                          
                                                                                                                                
2:17:01 PM                                                                                                                    
JANE  CONWAY,  Staff,  Senator  Cathy  Giessel,  paraphrased  the                                                               
following sectional analysis for SB 53:                                                                                         
                                                                                                                                
     Section 1  amends AS  08.02.010 and  adds APRNs  to the                                                                    
     list  of professions  that are  required  to use  their                                                                    
     professional  titles  on  stationery, signs,  or  other                                                                    
     advertising.                                                                                                               
                                                                                                                                
     Sections 2-4 are conforming  amendments that change the                                                                    
     statutory reference from  "advanced nurse practitioner"                                                                    
     to "advance practice registered nurse."                                                                                    
                                                                                                                                
2:17:42 PM                                                                                                                    
     Section 5 amends AS 08.68.100(a)  by requiring that the                                                                    
     Board  of  Nursing   regulations  pertaining  to  APRNs                                                                    
     include  the   practices  of  APRNs  who   practice  as                                                                    
     certified  registered   nurse  anesthetists,  certified                                                                    
     clinical    nurse    specialists,    certified    nurse                                                                    
     practitioners,  or certified  nurse midwives  and makes                                                                    
     conforming amendments.                                                                                                     
                                                                                                                                
     Section  6  amends  AS  08.68.160  by  adding  advanced                                                                    
     practice  registered  nursing  to the  licenses  issued                                                                    
     under  AS  08.68  and changes  the  term  "professional                                                                    
     nursing" to "registered nursing."                                                                                          
                                                                                                                                
     Section 7  adds a new  subsection to AS  08.68.170 that                                                                    
     sets out  the qualifications  for an  advanced practice                                                                    
     registered nursing license.                                                                                                
                                                                                                                                
     Section 8 repeals and  reenacts AS 08.68.190 concerning                                                                    
     license  examinations  and  adds an  advanced  practice                                                                    
     registered   nursing  examination   to  the   licensing                                                                    
     examinations conducted under AS 08.68.                                                                                     
                                                                                                                                
     Section  9 is  a  conforming amendment  that changes  a                                                                    
     statutory reference from  "advanced nurse practitioner"                                                                    
     to advance practice registered nurse."                                                                                     
                                                                                                                                
     Section  10  amends  AS 08.68  by  adding  a  paragraph                                                                    
     requiring  the Department  of  Commerce, community  and                                                                    
     Economic Development  to set  fees related  to advanced                                                                    
     practice  registered nursing  and deletes  "vocational"                                                                    
     nursing.                                                                                                                   
                                                                                                                                
     Section   11  amends   AS   08.68.230(a)  by   removing                                                                    
     "licensed   professional   nurse"   from   the   titles                                                                    
     authorized for persons licensed under AS 08.68.                                                                            
                                                                                                                                
     Section   12  amends   AS  08.68.230   by  adding   new                                                                    
     subsections   authorizing  the   use   of  the   titles                                                                    
     "advanced   practice   registered  nurse",   "certified                                                                    
     registered  nurse   anesthetist",  "certified  clinical                                                                    
     nurse specialist",  "certified nurse  practitioner", or                                                                    
     "certified nurse midwife" and associated initials.                                                                         
                                                                                                                                
2:19:16 PM                                                                                                                    
     Section  13   amends  AS  08.65.265  to   add  advanced                                                                    
     practice  registered nurses  to the  persons authorized                                                                    
     to supervise a practical nurse.                                                                                            
                                                                                                                                
     Section 14  adds impersonation of an  advanced practice                                                                    
     registered nurse  as a grounds for  denial, suspension,                                                                    
     or revocation of a nursing license.                                                                                        
                                                                                                                                
     Section 15 requires institutions  that are applying for                                                                    
     accreditation  of  advanced practice  registered  nurse                                                                    
     training to  provide certain  information to  the Board                                                                    
     of Nursing.                                                                                                                
                                                                                                                                
     Section 16  adds impersonation of an  advanced practice                                                                    
     registered nurse  as a grounds for  denial, suspension,                                                                    
     or revocation of  a certificate to practice  as a nurse                                                                    
     aide.                                                                                                                      
                                                                                                                                
     Sections   17-19  add   advanced  practice   registered                                                                    
     nursing  to  the  licenses issued  by  the  board,  and                                                                    
     change the  term "professional nursing"  to "registered                                                                    
     nursing"  in AS  08.68.360 -  08.68.390, which  declare                                                                    
     the unlicensed  practice of  nursing a  public nuisance                                                                    
     and provide for injunctive relief.                                                                                         
                                                                                                                                
     Section 20 adds advanced  practice registered nurses to                                                                    
     the licensees who may delegate certain nursing duties.                                                                     
                                                                                                                                
     Section  21 is  a conforming  amendment that  changes a                                                                    
     statutory reference from  "advanced nurse practitioner"                                                                    
     to  "advance practice  registered  nurse"  and makes  a                                                                    
     related technical change.                                                                                                  
                                                                                                                                
     Section 22  defines the  practice of  advanced practice                                                                    
     registered nursing.                                                                                                        
                                                                                                                                
     Section 23-25  are conforming amendments that  change a                                                                    
     statutory reference from  "advanced nurse practitioner"                                                                    
     to "advance  practice registered nurse" and  make other                                                                    
     related technical amendments.                                                                                              
                                                                                                                                
2:20:45 PM                                                                                                                    
     Section 26 adds advanced  practice registered nurses to                                                                    
     persons who  are considered  justified in  conduct that                                                                    
     would  otherwise be  considered the  use of  force when                                                                    
     delivering emergency medical care.                                                                                         
                                                                                                                                
     Sections 27-28 are conforming  amendments that change a                                                                    
     statutory  reference from  "advanced nurse  practioner"                                                                    
     to "advance practice registered nurse."                                                                                    
                                                                                                                                
     Section 29 adds advanced  practice registered nurses to                                                                    
     those licensees immune from civil  liability for an act                                                                    
     or omission  in delivering patient care  services while                                                                    
     escorting an  injured or sick  person whose life  is in                                                                    
     danger in a conveyance that is not an ambulance.                                                                           
                                                                                                                                
     Section  30 is  a conforming  amendment that  changes a                                                                    
     statutory reference from  "advanced nurse practitioner"                                                                    
     to "advance practice registered nurse."                                                                                    
                                                                                                                                
     Section 31 adds advanced  practice registered nurses to                                                                    
     those practitioners authorized to  draw blood for tests                                                                    
     of persons charged with sex offenses.                                                                                      
                                                                                                                                
     Sections 32-33 are conforming  amendments that change a                                                                    
     statutory reference from  "advanced nurse practitioner"                                                                    
     to "advance practice registered nurses."                                                                                   
                                                                                                                                
     Section  34 clarifies  that  nurse-midwives and  direct                                                                    
     entry midwives are certified.                                                                                              
                                                                                                                                
     Sections 35-38 are conforming  amendments that change a                                                                    
     statutory reference from  "advanced nurse practitioner"                                                                    
     to "advance  practice registered nurse" and  make other                                                                    
     related technical amendments.                                                                                              
                                                                                                                                
     Section  39 changes  the term  "registered professional                                                                    
     nursing" to "registered nursing."                                                                                          
                                                                                                                                
     Section  40  clarifies   that  nurse-midwives  must  be                                                                    
     certified to be a provider under AS 21.87.                                                                                 
                                                                                                                                
     Section  41 is  a conforming  amendment that  changes a                                                                    
     statutory reference from  "advanced nurse practitioner"                                                                    
     to "advance practice registered nurse."                                                                                    
                                                                                                                                
     Sections  42-43   clarifies  that   nurse-midwives  are                                                                    
     certified and makes other technical amendments.                                                                            
                                                                                                                                
     Sections 44-46 are conforming  amendments that change a                                                                    
     statutory reference from  "advanced nurse practitioner"                                                                    
     to "advance practice registered nurse."                                                                                    
                                                                                                                                
     Section 47 adds advanced  practice registered nurses to                                                                    
     the  definition of  health care  provider in  statutory                                                                    
     provisions concerning prisons.                                                                                             
                                                                                                                                
     Section  48 is  a conforming  amendment that  changes a                                                                    
     statutory reference from  "advanced nurse practitioner"                                                                    
     to "advance practice registered nurse."                                                                                    
                                                                                                                                
     Section 49 adds advanced  practice registered nurses to                                                                    
     licensees  with particular  training who  may assess  a                                                                    
     child  with respect  to the  waiver  under a  statutory                                                                    
     provision concerning  home and community  based medical                                                                    
     assistance.                                                                                                                
                                                                                                                                
     Section  50 is  a conforming  amendment that  changes a                                                                    
     statutory reference from  "advanced nurse practitioner"                                                                    
     to  "advance practice  registered  nurse"  and makes  a                                                                    
     related technical change.                                                                                                  
                                                                                                                                
     Section 51 adds advanced  practice registered nurses to                                                                    
     practitioners   who  are   not  liable   for  providing                                                                    
     information  to the  Department  of  Health and  Social                                                                    
     Services  for  the  purpose of  providing  services  to                                                                    
     certain children and makes a related technical change.                                                                     
                                                                                                                                
2:23:18 PM                                                                                                                    
     Sections 52-54 add  advanced practice registered nurses                                                                    
     to  practitioners who  may  under statutory  provisions                                                                    
     concerning  mental health  commitment,  determine if  a                                                                    
     person  may  be  administered  psychotropic  medication                                                                    
     without   the  person's   consent,  and   add  advanced                                                                    
     practice registered nurses  with particular training to                                                                    
     the  definition  of  mental  health  professionals  for                                                                    
     those statutory provisions.                                                                                                
                                                                                                                                
     Section 55 adds advanced  practice registered nurses to                                                                    
     practitioners who may review a  health care plan for an                                                                    
     assisted living home resident.                                                                                             
                                                                                                                                
     Sections 56-59 are conforming  amendments that change a                                                                    
     statutory reference from  "advanced nurse practitioner"                                                                    
     to "advance practice registered nurse."                                                                                    
                                                                                                                                
     Section 60 repeals specific statutes.                                                                                      
                                                                                                                                
     Section 61 sets July 1, 2015 as the effective date for                                                                     
     the bill.                                                                                                                  
                                                                                                                                
2:24:33 PM                                                                                                                    
CHAIR COSTELLO  asked if this legislation  will require currently                                                               
practicing nurses to get additional certification.                                                                              
                                                                                                                                
SENATOR GIESSEL answered no.                                                                                                    
                                                                                                                                
CHAIR COSTELLO asked if she'd heard any opposition to the bill.                                                                 
                                                                                                                                
SENATOR GIESSEL answered no.                                                                                                    
                                                                                                                                
2:25:09 PM                                                                                                                    
CHAIR COSTELLO asked Ms. Chambers to speak to the fiscal note.                                                                  
                                                                                                                                
SARA  CHAMBERS,  Operations  Manager, Division  of  Corporations,                                                               
Business  and  Professional  Licensing, Department  of  Commerce,                                                               
Community and  Economic Development  (DCCED), explained  that the                                                               
fiscal note anticipates the statutory  and regulation changes the                                                               
six boards  within the division will  have to make to  conform to                                                               
the  APRN Consensus  Model.  The fiscal  note  is a  conservative                                                               
estimate based on the cost  of an average regulations project for                                                               
a moderately  sized board,  which is  $2,500. The  division would                                                               
like to work with the board  in articulating these changes to the                                                               
other  boards that  are affected  and encourage  them to  include                                                               
changes in  any existing regulation  projects to reduce  the cost                                                               
to licensees.                                                                                                                   
                                                                                                                                
CHAIR  COSTELLO asked  if this  will affect  any fees  the boards                                                               
collect from the licensees.                                                                                                     
                                                                                                                                
MS. CHAMBERS answered no.                                                                                                       
                                                                                                                                
2:27:26 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
2:28:50 PM                                                                                                                    
CARRIE  DOYLE, DNP,  Clinical Nurse  Specialist representing  the                                                               
Alaska Clinical Nurse  Specialist Association, Anchorage, Alaska,                                                               
testified in support  of SB 53. She stated  that nationwide there                                                               
are  four  types  of  advanced  practice  registered  nurses.  In                                                               
Alaska,  three  of the  categories  operate  under the  title  of                                                               
advanced  nurse practitioner  while nurse  anesthetists are  in a                                                               
separate category  of clinician in Alaska  statute. As previously                                                               
mentioned, the APRN  Consensus Model is a  nationwide movement to                                                               
include all four specialties under  the title of advance practice                                                               
registered  nurse.   It  seeks  uniformity  in   APRN  licensure,                                                               
accreditation, certification,  and education. This  will expedite                                                               
insurance  reimbursement by  eliminating confusion  about service                                                               
providers and will  allow APRNs from other states  to more easily                                                               
obtain licensure  in Alaska. SB 53  does not change the  scope of                                                               
practice for  ANPs and  nurse anesthetists;  they will  just have                                                               
the new name of advanced practice registered nurse (APRN).                                                                      
                                                                                                                                
2:31:41 PM                                                                                                                    
CHAIR COSTELLO opened public testimony.                                                                                         
                                                                                                                                
2:31:52 PM                                                                                                                    
ARLENE  BRISCOE, Legislative  Chair,  Alaska Nurses  Association,                                                               
Anchorage, Alaska stated support for SB 53.                                                                                     
                                                                                                                                
2:32:44 PM                                                                                                                    
CHAIR  COSTELLO,  discerning  there  were  no  other  testifiers,                                                               
closed public testimony  and held SB 53 in  committee for further                                                               
consideration.                                                                                                                  
                                                                                                                                
         SB  44-RELIGIOUS UNION EXEMPTION: PERA & AKRR                                                                      
                                                                                                                                
2:33:35 PM                                                                                                                    
CHAIR  COSTELLO announced  the consideration  of SB  44. "An  Act                                                               
relating  to the  religious exemptions  in the  Public Employment                                                               
Relations Act and the Alaska Railroad Corporation Act."                                                                         
                                                                                                                                
SENATOR  CATHY GIESSEL,  sponsor  of SB  44,  explained that  the                                                               
legislation changes  a provision in [AS  23.40.225] that provides                                                               
a religious exemption for a  public employee in a bargaining unit                                                               
from paying union  dues. As currently written,  the employee pays                                                               
the  equivalent  of  the  union  dues  and  the  receiving  union                                                               
contributes the money to a charity  of its choice. SB 44 provides                                                               
that the union  shall contribute the equivalent of the  dues to a                                                               
charity of the employee's choice.  She noted that this would also                                                               
cover the Alaska Railroad union.                                                                                                
                                                                                                                                
2:35:03 PM                                                                                                                    
FORREST WOLFE,  Staff, Senator Cathy  Giessel, offered  to answer                                                               
questions related to SB 44.                                                                                                     
                                                                                                                                
CHAIR COSTELLO asked  for some background on  the introduction of                                                               
the legislation.                                                                                                                
                                                                                                                                
MR. WOLFE said he received a  letter today from a person who said                                                               
she was a member of the NEA for  20 years and her dues were given                                                               
to  charities she  didn't support.  He imagined  that there  were                                                               
other examples.                                                                                                                 
                                                                                                                                
CHAIR COSTELLO asked  if he would categorize  this legislation as                                                               
a matter of freedom of speech.                                                                                                  
                                                                                                                                
MR. WOLFE  replied it's  about freedom of  speech and  freedom of                                                               
religion.                                                                                                                       
                                                                                                                                
2:37:36 PM                                                                                                                    
GREGORY   HAMILTON,   President,  Northwest   Religious   Liberty                                                               
Association (NRLA), testified  in support of SB 44.  He said NRLA                                                               
represents the  Seventh Day  Adventist Church  and any  person or                                                               
institution  of faith  in  a  five state  region  to advance  the                                                               
separation  of  church  and  state   and  the  free  exercise  of                                                               
religion. NRLA  also mediates and  litigates Title  VII religious                                                               
discrimination in the workplace as  well as labor union exemption                                                               
requests.                                                                                                                       
                                                                                                                                
MR.  HAMILTON opined  that the  bill makes  just a  modest change                                                               
because the  way contract bargaining  law has worked is  that the                                                               
union can have  the ultimate say about what charity  the money is                                                               
donated to, but  generally there is mutual  agreement. If someone                                                               
wants  to give  outright  to a  religious  organization and  it's                                                               
objectionable  or doesn't  meet the  neutral criteria,  then it's                                                               
turned down.                                                                                                                    
                                                                                                                                
2:42:25 PM                                                                                                                    
MARK TORGERSON, Administrator and  Hearing Examiner, Alaska Labor                                                               
Relations  Agency ("Agency")  Anchorage, Alaska,  stated that  he                                                               
was asked to discuss the  framework of AS 23.40.225. He explained                                                               
that section  225 provides that an  employee who wants to  file a                                                               
request   for  non-association   based   on  bonafide   religious                                                               
convictions must file  a claim with the Agency  along with proper                                                               
proof of their  religious conviction. The Agency  then grants the                                                               
employee  an exemption  and the  receiving  union contributes  an                                                               
equivalent amount of dues, fees,  and assessments to a charity of                                                               
the union's choice.                                                                                                             
                                                                                                                                
CHAIR COSTELLO opened public testimony.                                                                                         
                                                                                                                                
2:44:37 PM                                                                                                                    
DON ETHRIDGE, Alaska  AFL-CIO, Juneau, AK, stated  that the union                                                               
would like  one small  change in  Section 2  to clarify  that the                                                               
employee cannot  realize personal  gain from  the funds  that are                                                               
donated to a charity of the employee's choice.                                                                                  
                                                                                                                                
2:46:03 PM                                                                                                                    
CAROL CARMAN, representing herself,  Palmer, Alaska, testified in                                                               
support of SB  44. She reported that when she  was working it was                                                               
very  difficult  to get  a  religious  exemption and  she  really                                                               
didn't have  a choice  about where her  dues equivalent  would be                                                               
donated. The National Education  Association (NEA) allowed her to                                                               
select one of the three organizations that the union chose.                                                                     
                                                                                                                                
SENATOR  MEYER asked  the names  of the  three organizations  she                                                               
could select from.                                                                                                              
                                                                                                                                
MS. CARMAN  recalled Beans Cafe  and Salvation Army, but  not the                                                               
third.                                                                                                                          
                                                                                                                                
2:49:04 PM                                                                                                                    
DAVID  NEES, representing  himself, Anchorage,  Alaska, testified                                                               
in support of  SB 44. He stated that the  employee should be able                                                               
to  decide  where  his/her  money goes.  He  cautioned  that  the                                                               
language on page 1, lines  10-13, regarding religious convictions                                                               
based on tenets may be unconstitutional.                                                                                        
                                                                                                                                
2:51:25 PM                                                                                                                    
DAVID BOYLE,  representing himself, Anchorage,  Alaska, testified                                                               
in  support  of   SB  44.  He  said  this   bill  emphasizes  the                                                               
constitutional   rights  of   freedom  of   speech,  freedom   of                                                               
association,  and  freedom  of religion.  It  also  prohibits  an                                                               
individual's  dues   from  going   to  support   non-profits  the                                                               
individual may not agree with philosophically.                                                                                  
                                                                                                                                
2:52:55 PM                                                                                                                    
CHAIR  COSTELLO  closed  public  testimony  and  held  SB  44  in                                                               
committee for further consideration.                                                                                            
                                                                                                                                
2:53:20 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair Costello  adjourned the Senate Labor  and Commerce Standing                                                               
Committee meeting at 2:53 p.m.                                                                                                  

Document Name Date/Time Subjects
SB 60 - DCCED Comp. Marijuana Regulatory Institutions.pdf SL&C 3/10/2015 1:30:00 PM
SB 60
SB 60 - Sectional Analysis.pdf SL&C 3/10/2015 1:30:00 PM
SB 60
SB 60 - Gov. Transmittal Letter.pdf SL&C 3/10/2015 1:30:00 PM
SB 60
SB 60 - Sen. L&C Hearing Request.pdf SL&C 3/10/2015 1:30:00 PM
SB 60
SB 60 - Version A.pdf SL&C 3/10/2015 1:30:00 PM
SB 60
SB 60 - Fiscal Note.pdf SL&C 3/10/2015 1:30:00 PM
SB 60
SB 53 - APRN Title Change Chart.pdf SL&C 3/10/2015 1:30:00 PM
SB 53
SB 53 - Fiscal Note.pdf SL&C 3/10/2015 1:30:00 PM
SB 53
SB 53 - Sectional Analysis.pdf SL&C 3/10/2015 1:30:00 PM
SB 53
SB 53 - Sen. L&C Hearing Request.pdf SL&C 3/10/2015 1:30:00 PM
SB 53
SB 53 - Sponsor Statement.pdf SL&C 3/10/2015 1:30:00 PM
SB 53
SB 53 - Version N.pdf SL&C 3/10/2015 1:30:00 PM
SB 53
SB53 - Myers.pdf SL&C 3/10/2015 1:30:00 PM
SB 53
SB53 - AaNA.pdf SL&C 3/10/2015 1:30:00 PM
SB 53
SB53 - AARP.pdf SL&C 3/10/2015 1:30:00 PM
SB 53
SB53 - AK Affiliate ACNM.pdf SL&C 3/10/2015 1:30:00 PM
SB 53
SB53 - AKANA.pdf SL&C 3/10/2015 1:30:00 PM
SB 53
SB53 - ANPA.pdf SL&C 3/10/2015 1:30:00 PM
SB 53
SB53 - APRN Alliance.pdf SL&C 3/10/2015 1:30:00 PM
SB 53
SB53 - ASHNHA.pdf SL&C 3/10/2015 1:30:00 PM
SB 53
SB53 - Bd of Nursing.pdf SL&C 3/10/2015 1:30:00 PM
SB 53
SB53 - Dooley.pdf SL&C 3/10/2015 1:30:00 PM
SB 53
SB53 - FASDx Services.pdf SL&C 3/10/2015 1:30:00 PM
SB 53
SB53 - Hartz.pdf SL&C 3/10/2015 1:30:00 PM
SB 53
SB53 - Rader.pdf SL&C 3/10/2015 1:30:00 PM
SB 53
SB 44 - Fiscal Note AKRR.pdf SL&C 3/10/2015 1:30:00 PM
SB 44
SB 44 - Fiscal Note DOLW&D.pdf SL&C 3/10/2015 1:30:00 PM
SB 44
SB 44 - Hearing Request.pdf SL&C 3/10/2015 1:30:00 PM
SB 44
SB 44 - Overview of Union Dues in Alaska.pdf SL&C 3/10/2015 1:30:00 PM
SB 44
SB 44 - Sponsor Statement.pdf SL&C 3/10/2015 1:30:00 PM
SB 44
SB 44 - Teamsters Dues Information.pdf SL&C 3/10/2015 1:30:00 PM
SB 44
SB 44 - Version W.PDF SL&C 3/10/2015 1:30:00 PM
SB 44