Legislature(2015 - 2016)BELTZ 105 (TSBldg)

03/26/2015 01:30 PM LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 86 REFINED FUEL SURCHARGE; MOTOR FUEL TAX
Moved CSSB 86(L&C) Out of Committee
= SB 14 MEDICAL BOARD; MEDICAL REVIEW ORG.
Moved CSSB 14(L&C) Out of Committee
= SB 2 EMPLOYMENT PREFERENCE: VETERAN & SPOUSES
Moved CSSB 2(L&C) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
          SENATE LABOR AND COMMERCE STANDING COMMITTEE                                                                        
                         March 26, 2015                                                                                         
                           1:33 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Mia Costello, Chair                                                                                                     
Senator Cathy Giessel, Vice Chair                                                                                               
Senator Kevin Meyer                                                                                                             
Senator Gary Stevens                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Johnny Ellis                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 14                                                                                                              
"An Act  relating to the  appointment of a mobile  intensive care                                                               
paramedic to the State Medical  Board; relating to medical review                                                               
organizations;  relating  to  immunity  pertaining  to  automated                                                               
external defibrillators; and providing for an effective date."                                                                  
                                                                                                                                
     - MOVED  CSSB 14(L&C) OUT OF COMMITTEE                                                                                     
                                                                                                                                
SENATE BILL NO. 86                                                                                                              
"An Act relating to a refined fuel surcharge; relating to the                                                                   
motor fuel tax; relating to a qualified dealer license; and                                                                     
providing for an effective date."                                                                                               
                                                                                                                                
     - MOVED  CSSB 86(L&C) OUT OF COMMITTEE                                                                                     
                                                                                                                                
SENATE BILL NO. 2                                                                                                               
"An Act relating to a voluntary preference for veterans and for                                                                 
spouses and domestic partners of veterans by private employers."                                                                
                                                                                                                                
     - MOVED  CSSB 2(L&C) OUT OF COMMITTEE                                                                                      
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB  86                                                                                                                  
SHORT TITLE: REFINED FUEL SURCHARGE; MOTOR FUEL TAX                                                                             
SPONSOR(s): SENATOR(s) MICCICHE                                                                                                 
                                                                                                                                
03/20/15       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/20/15       (S)       L&C, FIN                                                                                               
03/24/15       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/24/15       (S)       Heard & Held                                                                                           
03/24/15       (S)       MINUTE(L&C)                                                                                            
03/26/15       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB  14                                                                                                                  
SHORT TITLE: MEDICAL BOARD; MEDICAL REVIEW ORG.                                                                                 
SPONSOR(s): SENATOR(s) COGHILL                                                                                                  
                                                                                                                                
01/21/15       (S)       PREFILE RELEASED 1/16/15                                                                               
01/21/15       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/21/15       (S)       L&C, JUD, FIN                                                                                          
03/17/15       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/17/15       (S)       Heard & Held                                                                                           
03/17/15       (S)       MINUTE(L&C)                                                                                            
03/26/15       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB   2                                                                                                                  
SHORT TITLE: EMPLOYMENT PREFERENCE: VETERAN & SPOUSES                                                                           
SPONSOR(s): SENATOR(s) WIELECHOWSKI                                                                                             
                                                                                                                                
01/21/15       (S)       PREFILE RELEASED 1/9/15                                                                                
01/21/15       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/21/15       (S)       L&C, STA                                                                                               
03/19/15       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/19/15       (S)       Heard & Held                                                                                           
03/19/15       (S)       MINUTE(L&C)                                                                                            
03/26/15       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JORDAN SHILLING, Staff                                                                                                          
Senator John Coghill                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions related to SB 14 on                                                                   
behalf of the sponsor.                                                                                                          
                                                                                                                                
LARRY SEMMONS, Staff                                                                                                            
Senator Peter Micciche                                                                                                          
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Reviewed the changes in the CS for SB 86 on                                                              
behalf of the sponsor.                                                                                                          
                                                                                                                                
KEN ALPER, Director                                                                                                             
Tax Division                                                                                                                    
Department of Revenue (DOR)                                                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Reviewed the DOR fiscal note for SB 86.                                                                  
                                                                                                                                
KRISTIN RYAN, Director                                                                                                          
Division of Spill Prevention and Response                                                                                       
Department of Environmental Conservation (DEC)                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions related to SB 86.                                                                     
                                                                                                                                
KALYSSA MAILE, Staff                                                                                                            
Senator Bill Wielechowski                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Reviewed the changes in the CS  for SB 2 on                                                             
behalf of the sponsor.                                                                                                          
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:33:31 PM                                                                                                                    
CHAIR MIA COSTELLO called the  Senate Labor and Commerce Standing                                                             
Committee meeting  to order at 1:33  p.m. Present at the  call to                                                               
order were Senators Giessel, Stevens, Meyer, and Chair Costello.                                                                
                                                                                                                                
           SB  14-MEDICAL BOARD; MEDICAL REVIEW ORG.                                                                        
                                                                                                                                
1:34:16 PM                                                                                                                    
CHAIR  COSTELLO announced  the consideration  of SB  14. "An  Act                                                               
relating to the appointment of  a mobile intensive care paramedic                                                               
to  the   State  Medical  Board;   relating  to   medical  review                                                               
organizations;  relating  to  immunity  pertaining  to  automated                                                               
external defibrillators;  and providing  for an  effective date."                                                               
She noted that  this was the second hearing  and public testimony                                                               
was  closed. She  asked  for a  motion to  adopt  the work  draft                                                               
committee substitute (CS).                                                                                                      
                                                                                                                                
1:34:29 PM                                                                                                                    
SENATOR  GIESSEL  moved to  adopt  the  proposed  CS for  SB  14,                                                               
labeled 29-LS0025\E, as the working document.                                                                                   
                                                                                                                                
SENATOR MEYER objected for discussion purposes.                                                                                 
                                                                                                                                
1:34:54 PM                                                                                                                    
WESTON  EILER,  Staff,  Senator   Mia  Costello,  explained  that                                                               
version E:  changes the  composition of  the State  Medical Board                                                               
("board") by removing one public  seat when it sunsets and adding                                                               
one licensed paramedic; removes  the repealer section relating to                                                               
defibrillators; and amends the effective date to 3/1/2017.                                                                      
                                                                                                                                
SENATOR MEYER removed his objection.                                                                                            
                                                                                                                                
CHAIR COSTELLO announced that  without further objection, version                                                               
E  was  before  the  committee. She  advised  that  she  reviewed                                                               
licensing boards  and their membership  and found that  there are                                                               
12 in Alaska that have just one public seat.                                                                                    
                                                                                                                                
SENATOR  GIESSEL expressed  concern  that  sunsetting one  public                                                               
seat  dilutes  the  voice  of  the  consumer.  She  assumed  that                                                               
maintaining the  current number of  seats rather than  adding one                                                               
was done for economic reasons.                                                                                                  
                                                                                                                                
CHAIR COSTELLO  said the reason  for keeping the number  the same                                                               
is to  maintain the current  balance of medical members.  This is                                                               
in  line with  other boards  and  commissions like  the Board  of                                                               
Dental Examiners  that has  eight industry  seats and  one public                                                               
member  and the  Board of  Chiropractic Examiners  that has  four                                                               
industry seats and one public member.                                                                                           
                                                                                                                                
1:39:41 PM                                                                                                                    
SENATOR STEVENS  voiced concern that  paramedics would  be making                                                               
decisions   about   licensing   and  disciplinary   actions   for                                                               
physicians. He noted that this  wouldn't happen in the university                                                               
setting.                                                                                                                        
                                                                                                                                
MR.  EILER  suggested  Mr. Shilling  speak  to  Senator  Steven's                                                               
concern.                                                                                                                        
                                                                                                                                
SENATOR  GIESSEL said  she  shares the  concern  that this  would                                                               
diversify the composition of a professional regulatory board.                                                                   
                                                                                                                                
1:41:18 PM                                                                                                                    
JORDAN  SHILLING,  Staff,  Senator   John  Coghill,  stated  that                                                               
paramedics and physicians are  two entirely different professions                                                               
and the  relationship is different  than between a  professor and                                                               
an associate professor.  He said the sponsor  feels strongly that                                                               
if this board  is to regulate the paramedics, then  they ought to                                                               
have a voice.                                                                                                                   
                                                                                                                                
SENATOR  GIESSEL questioned  how  someone who  is a  pre-hospital                                                               
professional could  understand the  issues of a  professional who                                                               
is in the hospital.                                                                                                             
                                                                                                                                
MR.  SHILLING  relied  the paramedics  similarly  might  question                                                               
whether  physicians are  qualified to  regulate their  profession                                                               
without  a paramedic  voice at  the table.  He opined  that there                                                               
were probably similar discussions  when the legislature initially                                                               
contemplated adding a physician assistant (PA) to the board.                                                                    
                                                                                                                                
SENATOR  GIESSEL said  she could  honestly argue  for a  separate                                                               
paramedic board.                                                                                                                
                                                                                                                                
MR. SHILLING  offered his  belief that  paramedics would  be very                                                               
satisfied to have a board that regulates EMTs and paramedics.                                                                   
                                                                                                                                
1:44:31 PM                                                                                                                    
SENATOR STEVENS asked if physicians  have taken a position on the                                                               
bill.                                                                                                                           
                                                                                                                                
MR. SHILLING relayed  that the physicians who have  served on the                                                               
State Medical  Board in the  past have been supportive.  He noted                                                               
that the  sponsor hasn't heard  opposition from  physicians other                                                               
than their guild.                                                                                                               
                                                                                                                                
CHAIR COSTELLO  noted the committee  had documented  support from                                                               
the American  Medical Association  (AMA) for the  current version                                                               
of the  bill. She also pointed  out that the 2017  effective date                                                               
provides  a   window  of  opportunity  for   further  discussion,                                                               
including for a separate board.                                                                                                 
                                                                                                                                
1:45:43 PM                                                                                                                    
SENATOR MEYER  opined that this is  the best way forward  at this                                                               
time.                                                                                                                           
                                                                                                                                
CHAIR COSTELLO  noted that the  next committee of  referral could                                                               
probably zero the $7,000 receipts  services in the fiscal note in                                                               
light of the CS.                                                                                                                
                                                                                                                                
SENATOR GIESSEL highlighted  that the licensees will  pay just as                                                               
they would if it were a separate paramedic board.                                                                               
                                                                                                                                
CHAIR  COSTELLO  found  no  further  questions  or  comments  and                                                               
solicited a motion.                                                                                                             
                                                                                                                                
1:47:34 PM                                                                                                                    
SENATOR GIESSEL  moved to report  the CS  for SB 14,  labeled 29-                                                               
LS0025\E,  from  committee  with individual  recommendations  and                                                               
attached fiscal note(s).                                                                                                        
                                                                                                                                
CHAIR COSTELLO announced that without  objection, CSSB 14(L&C) is                                                               
reported from the Senate Labor and Commerce Standing Committee.                                                                 
                                                                                                                                
1:47:58 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
         SB  86-REFINED FUEL SURCHARGE; MOTOR FUEL TAX                                                                      
                                                                                                                                
1:49:23 PM                                                                                                                    
CHAIR  COSTELLO   reconvened  the   meeting  and   announced  the                                                               
consideration  of SB  86.  "An  Act Relating  to  a refined  fuel                                                               
surcharge;  relating  to  the  motor  fuel  tax;  relating  to  a                                                               
qualified dealer  license; and providing for  an effective date."                                                               
She  asked  for  a  motion  to adopt  the  work  draft  committee                                                               
substitute (CS)). She noted that  this was the second hearing and                                                               
public testimony was closed. She asked  for a motion to adopt the                                                               
proposed committee substitute (CS).                                                                                             
                                                                                                                                
1:49:52 PM                                                                                                                    
SENATOR  GIESSEL moved  to adopt  the CS  to SB  86, labeled  29-                                                               
LS0675\S, as the working document.                                                                                              
                                                                                                                                
CHAIR COSTELLO objected for discussion purposes.                                                                                
                                                                                                                                
1:50:18 PM                                                                                                                    
LARRY SEMMONS,  Staff, Senator Peter Micciche,  stated that there                                                               
are three main changes  in the CS for SB 86: 1)  fuel sold to the                                                               
state  for official  use will  be exempt  from the  surcharge; 2)                                                               
statutory  language  related  to  alcohol  in  fuel  was  deleted                                                               
because it is no longer applicable  due to a five year limitation                                                               
and 3) the term "surcharge" was added in Section 6.                                                                             
                                                                                                                                
CHAIR COSTELLO  removed her  objection and  version S  was before                                                               
the committee.                                                                                                                  
                                                                                                                                
SENATOR  GIESSEL commented  that this  is a  great solution  to a                                                               
long-standing problem.                                                                                                          
                                                                                                                                
CHAIR COSTELLO  asked Mr.  Alper to review  the fiscal  note from                                                               
the Department of Revenue.                                                                                                      
                                                                                                                                
1:51:46 PM                                                                                                                    
KEN ALPER,  Director, Tax Division, Department  of Revenue (DOR),                                                               
explained  that the  DOR fiscal  note is  the calculated  amount,                                                               
based on past  motor fuel filings less exemptions,  that would be                                                               
subject to  this surcharge.  The estimate  is that  the surcharge                                                               
will apply  to about 950 million  gallons of refined fuel  in the                                                               
first  year. At  0.8  cents per  gallon,  this represents  annual                                                               
revenue  of  about $7.7  million,  with  an estimated  2  percent                                                               
increase each year thereafter.                                                                                                  
                                                                                                                                
SENATOR MEYER  expressed hope that this  additional revenue would                                                               
not serve  as a disincentive  for DEC  to pursue those  who cause                                                               
spills. He asked  Ms. Ryan to state on the  record that she would                                                               
aggressively go after the "cost causers."                                                                                       
                                                                                                                                
KRISTIN  RYAN,   Director,  Division  of  Spill   Prevention  and                                                               
Response, Department  of Environmental Conservation  (DEC) stated                                                               
that this  legislation does not change  the statutory requirement                                                               
for  DEC to  do cost  recovery so  there will  continue to  be an                                                               
expectation  that  DEC will  pursue  people  who are  capable  of                                                               
paying the costs of spill prevention and response.                                                                              
                                                                                                                                
SENATOR MEYER recalled  seeing documentation that the  state is a                                                               
polluter.                                                                                                                       
                                                                                                                                
MS.  RYAN  agreed  that  state-owned  contaminated  sites  are  a                                                               
problem. DEC  has tried to  address the  problem in a  variety of                                                               
ways in  the past and  some are off  the table. For  example, the                                                               
most recent  solution was to use  general funds to work  on those                                                               
sits but  that won't  work anymore.  DEC is  trying to  develop a                                                               
plan  that will  work for  the department  and other  agencies to                                                               
make sure  that state sites  are meeting the same  standards that                                                               
the private entities are expected to achieve.                                                                                   
                                                                                                                                
SENATOR  MEYER said  he  wants to  make sure  that  the State  of                                                               
Alaska doesn't  follow the  same path  as the  federal government                                                               
with  the "travesty  wells" [in  the National  Petroleum Reserve-                                                               
Alaska.]                                                                                                                        
                                                                                                                                
MS. RYAN replied, "Understood."                                                                                                 
                                                                                                                                
CHAIR COSTELLO  thanked the sponsor for  bringing the legislation                                                               
forward.                                                                                                                        
                                                                                                                                
1:56:25 PM                                                                                                                    
SENATOR  GIESSEL  moved to  report  CS  for  SB 86,  labeled  29-                                                               
LS0675\S,  from  committee  with individual  recommendations  and                                                               
attached fiscal notes.                                                                                                          
                                                                                                                                
CHAIR COSTELLO announced that without  objection, CSSB 86(L&C) is                                                               
reported from the Senate Labor and Commerce Standing Committee.                                                                 
                                                                                                                                
1:56:49 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
        SB   2-EMPLOYMENT PREFERENCE: VETERAN & SPOUSES                                                                     
                                                                                                                                
1:58:40 PM                                                                                                                    
CHAIR  COSTELLO   reconvened  the   meeting  and   announced  the                                                               
consideration  of  SB   2.  "An  Act  relating   to  a  voluntary                                                               
preference for veterans and for  spouses and domestic partners of                                                               
veterans  by private  employers."  She noted  that  this was  the                                                               
second hearing.                                                                                                                 
                                                                                                                                
1:59:31 PM                                                                                                                    
SENATOR  GIESSEL  moved to  adopt  the  proposed  CS for  SB  14,                                                               
labeled 29-LS0041\P, as the working document.                                                                                   
                                                                                                                                
CHAIR COSTELLO objected for discussion purposes.                                                                                
                                                                                                                                
1:59:57 PM                                                                                                                    
SENATOR BILL WIELECHOWSKI, sponsor of  SB 2, said his staff would                                                               
explain the changes in the CS.                                                                                                  
                                                                                                                                
2:00:10 PM                                                                                                                    
KALYSSA  MAILE, Staff,  Senator Bill  Wielechowski, reviewed  the                                                               
changes  in the  CS  for SB  2:  1)  the scope  of  the bill  was                                                               
narrowed to  extend the voluntary  employment preference  to just                                                               
veterans,  not spouses  and partners;  and 2)  the definition  of                                                               
"veteran"  was enhanced  to include  National  Guard members  and                                                               
members of  reserve units.  In response  to an  earlier question,                                                               
she confirmed  that Coast  Guard members  are included  under the                                                               
definition of the Armed Forces of the United States.                                                                            
                                                                                                                                
SENATOR STEVENS expressed satisfaction with the answer.                                                                         
                                                                                                                                
CHAIR COSTELLO  thanked the sponsor for  bringing the legislation                                                               
forward.                                                                                                                        
                                                                                                                                
2:01:16 PM                                                                                                                    
SENATOR GIESSEL moved to report CS for SB 2, labeled 29-                                                                        
LS0041\P, from committee with individual recommendations and                                                                    
attached zero fiscal note.                                                                                                      
                                                                                                                                
CHAIR COSTELLO announced that without objection CSSB 2(L&C) is                                                                  
reported from the Senate Labor and Commerce Standing Committee.                                                                 
                                                                                                                                
2:01:41 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Costello adjourned the Senate Labor and Commerce Standing                                                                 
Committee meeting at 2:01 p.m.                                                                                                  

Document Name Date/Time Subjects
SB 86 - Version S.pdf SL&C 3/26/2015 1:30:00 PM
SB 86
SB 86 - L&C CS Sectional.pdf SL&C 3/26/2015 1:30:00 PM
SB 86
SB 14 - Version E.PDF SL&C 3/26/2015 1:30:00 PM
SB 14
SB 14 - State Medical Board Membership Matrix.pdf SL&C 3/26/2015 1:30:00 PM
SB 14
SB 14 - Select State Boards and Commissions Seat Designations.pdf SL&C 3/26/2015 1:30:00 PM
SB 14
SB 14 - Boards and Commissions Rosters and Fact Sheets.PDF SL&C 3/26/2015 1:30:00 PM
SB 14
SB 2 - Version P.PDF SL&C 3/26/2015 1:30:00 PM
SB 2
SB 2 - Fiscal Note.pdf SL&C 3/26/2015 1:30:00 PM
SB 2
SB 2 - Explanation of Changes - Version H to Version P.pdf SL&C 3/26/2015 1:30:00 PM
SB 2