05/10/2022 09:00 AM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB133 | |
| HB289 | |
| HB227 | |
| HB145 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 133 | TELECONFERENCED | |
| + | SB 181 | TELECONFERENCED | |
| *+ | HB 289 | TELECONFERENCED | |
| *+ | HB 145 | TELECONFERENCED | |
| += | HB 227 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
May 10, 2022
5:33 p.m.
MEMBERS PRESENT
Senator Mia Costello, Chair
Senator Joshua Revak, Vice Chair
Senator Peter Micciche
Senator Elvi Gray-Jackson
MEMBERS ABSENT
Senator Gary Stevens
COMMITTEE CALENDAR
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 133(L&C)
"An Act relating to the Alaska savings program for eligible
individuals; relating to education savings programs; relating to
the Education Trust of Alaska; relating to the Alaska advance
college tuition savings fund; relating to the Alaska education
savings program for children; and relating to the Governor's
Council on Disabilities and Special Education."
- MOVED CSHB 133(L&C) OUT OF COMMITTEE
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 289(FIN)
"An Act establishing the Alaska marijuana industry task force;
and providing for an effective date."
- MOVED CSHB 289(FIN) OUT OF COMMITTEE
HOUSE BILL NO. 227
"An Act relating to municipal energy and resilience improvement
assessment programs; and providing for an effective date."
- MOVED SCS HB 227(L&C) OUT OF COMMITTEE
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 145(HSS)
"An Act relating to the Board of Pharmacy; relating to health
care services provided by pharmacists and pharmacy technicians;
and relating to the practice of pharmacy."
- MOVED CSHB 145(HSS) OUT OF COMMITTEE
SENATE BILL NO. 181
"An Act relating to identification requirements for
contractors."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: HB 133
SHORT TITLE: AK ED SAVINGS PROGRAMS/ELIGIBILITY
SPONSOR(s): LABOR & COMMERCE
03/10/21 (H) READ THE FIRST TIME - REFERRALS
03/10/21 (H) L&C, FIN
03/17/21 (H) L&C AT 5:45 PM BARNES 124
03/17/21 (H) <Bill Hearing Canceled>
03/19/21 (H) L&C AT 3:15 PM BARNES 124
03/19/21 (H) Heard & Held
03/19/21 (H) MINUTE(L&C)
03/24/21 (H) L&C AT 3:15 PM DAVIS 106
03/24/21 (H) Moved CSHB 133(L&C) Out of Committee
03/24/21 (H) MINUTE(L&C)
03/24/21 (H) L&C AT 5:45 PM DAVIS 106
03/24/21 (H) -- MEETING CANCELED --
03/25/21 (H) L&C RPT CS(L&C) 6DP 1NR
03/25/21 (H) DP: SNYDER, SCHRAGE, MCCARTY, NELSON,
SPOHNHOLZ, FIELDS
03/25/21 (H) NR: KAUFMAN
04/07/21 (H) HSS REPLACES FIN REFERRAL
04/07/21 (H) BILL REPRINTED
04/20/21 (H) HSS AT 3:00 PM DAVIS 106
04/20/21 (H) Heard & Held
04/20/21 (H) MINUTE(HSS)
04/22/21 (H) HSS AT 3:00 PM DAVIS 106
04/22/21 (H) Moved CSHB 133(L&C) Out of Committee
04/22/21 (H) MINUTE(HSS)
04/26/21 (H) HSS RPT CS(L&C) 5DP 1NR
04/26/21 (H) DP: FIELDS, SPOHNHOLZ, MCCARTY,
ZULKOSKY, SNYDER
04/26/21 (H) NR: KURKA
05/07/21 (H) TRANSMITTED TO (S)
05/07/21 (H) VERSION: CSHB 133(L&C)
05/10/21 (S) READ THE FIRST TIME - REFERRALS
05/10/21 (S) HSS, L&C
02/03/22 (S) HSS AT 1:30 PM BUTROVICH 205
02/03/22 (S) Heard & Held
02/03/22 (S) MINUTE(HSS)
02/08/22 (S) HSS AT 1:30 PM BUTROVICH 205
02/08/22 (S) Heard & Held
02/08/22 (S) MINUTE(HSS)
02/15/22 (S) HSS AT 1:30 PM BUTROVICH 205
02/15/22 (S) Moved HB 133 Out of Committee
02/15/22 (S) MINUTE(HSS)
02/16/22 (S) HSS RPT 3NR 2DP
02/16/22 (S) NR: WILSON, REINBOLD, COSTELLO
02/16/22 (S) DP: BEGICH, HUGHES
03/23/22 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
03/23/22 (S) Heard & Held
03/23/22 (S) MINUTE(L&C)
05/10/22 (S) L&C AT 9:00 AM BELTZ 105 (TSBldg)
BILL: HB 289
SHORT TITLE: AK MARIJUANA INDUSTRY TASK FORCE
SPONSOR(s): REPRESENTATIVE(s) HOPKINS
01/26/22 (H) READ THE FIRST TIME - REFERRALS
01/26/22 (H) L&C, FIN
02/09/22 (H) L&C AT 4:30 PM BARNES 124
02/09/22 (H) Heard & Held
02/09/22 (H) MINUTE(L&C)
02/14/22 (H) L&C AT 3:15 PM BARNES 124
02/14/22 (H) Moved CSHB 289(L&C) Out of Committee
02/14/22 (H) MINUTE(L&C)
02/16/22 (H) L&C RPT CS(L&C) 6DP 1NR
02/16/22 (H) DP: SCHRAGE, MCCARTY, NELSON, SNYDER,
FIELDS, SPOHNHOLZ
02/16/22 (H) NR: KAUFMAN
03/18/22 (H) FIN AT 1:30 PM ADAMS 519
03/18/22 (H) Heard & Held
03/18/22 (H) MINUTE(FIN)
04/20/22 (H) FIN AT 1:30 PM ADAMS 519
04/20/22 (H) Moved CSHB 289(FIN) Out of Committee
04/20/22 (H) MINUTE(FIN)
04/25/22 (H) FIN RPT CS(FIN) 8DP 2NR
04/25/22 (H) DP: ORTIZ, EDGMON, THOMPSON, WOOL,
JOSEPHSON, RASMUSSEN, MERRICK, FOSTER
04/25/22 (H) NR: LEBON, CARPENTER
05/04/22 (H) TRANSMITTED TO (S)
05/04/22 (H) VERSION: CSHB 289(FIN)
05/05/22 (S) READ THE FIRST TIME - REFERRALS
05/05/22 (S) L&C, FIN
05/09/22 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
05/09/22 (S) -- Invited & Public Testimony --
05/10/22 (S) L&C AT 9:00 AM BELTZ 105 (TSBldg)
BILL: HB 227
SHORT TITLE: MUNI ENERGY IMPROVEMNT ASSESSMENT PROGRAM
SPONSOR(s): REPRESENTATIVE(s) SCHRAGE
01/18/22 (H) PREFILE RELEASED 1/7/22
01/18/22 (H) READ THE FIRST TIME - REFERRALS
01/18/22 (H) ENE, CRA
01/20/22 (H) ENE AT 10:15 AM ADAMS 519
01/20/22 (H) Heard & Held
01/20/22 (H) MINUTE(ENE)
01/27/22 (H) ENE AT 10:15 AM ADAMS 519
01/27/22 (H) Moved HB 227 Out of Committee
01/27/22 (H) MINUTE(ENE)
01/31/22 (H) ENE RPT 4DP 2NR
01/31/22 (H) DP: ZULKOSKY, CLAMAN, FIELDS, SCHRAGE
01/31/22 (H) NR: KAUFMAN, RAUSCHER
03/01/22 (H) CRA AT 8:00 AM BARNES 124
03/01/22 (H) Heard & Held
03/01/22 (H) MINUTE(CRA)
03/03/22 (H) CRA AT 8:00 AM BARNES 124
03/03/22 (H) Moved HB 227 Out of Committee
03/03/22 (H) MINUTE(CRA)
03/07/22 (H) CRA RPT 3DP 3NR 1AM
03/07/22 (H) DP: DRUMMOND, HANNAN, SCHRAGE
03/07/22 (H) NR: PATKOTAK, PRAX, MCCABE
03/07/22 (H) AM: MCCARTY
03/24/22 (H) SESSION CANCELED 3/23 - ON 3/24
CALENDAR
03/24/22 (H) TECHNICAL SESSION 3/24 - ON 3/28
CALENDAR
03/28/22 (H) ADJOURNED TO 3/29 CALENDAR
03/29/22 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
03/29/22 (S) <Pending Introduction & Referral>
03/31/22 (H) SESSION CANCELED 3/29 - ON 3/30
CALENDAR
03/31/22 (H) SESSION CANCELED 3/30 - ON 3/31
CALENDAR
03/31/22 (H) TECHNICAL SESSION 3/31 - ON 4/4
CALENDAR
04/04/22 (H) TRANSMITTED TO (S)
04/04/22 (H) VERSION: HB 227
04/05/22 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
04/05/22 (S) Bills Previously Heard/Scheduled
04/06/22 (S) READ THE FIRST TIME - REFERRALS
04/06/22 (S) CRA, L&C
04/07/22 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
04/07/22 (S) Bills Previously Heard/Scheduled
04/12/22 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
04/12/22 (S) Heard & Held
04/12/22 (S) MINUTE(CRA)
04/19/22 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
04/19/22 (S) Moved SCS HB 227(CRA) Out of Committee
04/19/22 (S) MINUTE(CRA)
04/20/22 (S) CRA RPT SCS(CRA) 2DP 1AM SAME TITLE
04/20/22 (S) DP: HUGHES, GRAY-JACKSON
04/20/22 (S) AM: WILSON
04/25/22 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
04/25/22 (S) -- Invited & Public Testimony --
05/04/22 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
05/04/22 (S) Heard & Held
05/04/22 (S) MINUTE(L&C)
05/10/22 (S) L&C AT 9:00 AM BELTZ 105 (TSBldg)
BILL: HB 145
SHORT TITLE: EXPAND PHARMACIST AUTHORITY
SPONSOR(s): REPRESENTATIVE(s) SNYDER
03/24/21 (H) READ THE FIRST TIME - REFERRALS
03/24/21 (H) L&C, HSS
04/12/21 (H) L&C AT 3:15 PM BARNES 124
04/12/21 (H) Heard & Held
04/12/21 (H) MINUTE(L&C)
04/16/21 (H) L&C AT 8:00 AM GRUENBERG 120
04/16/21 (H) Moved HB 145 Out of Committee
04/16/21 (H) MINUTE(L&C)
04/19/21 (H) L&C RPT 6DP 1NR
04/19/21 (H) DP: SCHRAGE, MCCARTY, SNYDER, NELSON,
FIELDS, SPOHNHOLZ
04/19/21 (H) NR: KAUFMAN
04/20/21 (H) HSS AT 3:00 PM DAVIS 106
04/20/21 (H) Heard & Held
04/20/21 (H) MINUTE(HSS)
04/22/21 (H) HSS AT 3:00 PM DAVIS 106
04/22/21 (H) Moved CSHB 145(HSS) Out of Committee
04/22/21 (H) MINUTE(HSS)
04/26/21 (H) HSS RPT CS(HSS) 5DP 1NR
04/26/21 (H) DP: FIELDS, SPOHNHOLZ, MCCARTY,
ZULKOSKY, SNYDER
04/26/21 (H) NR: KURKA
04/15/22 (H) TECHNICAL SESSION 4/15 - ON 4/19
CALENDAR
04/19/22 (H) NOT TAKEN UP 4/19 - ON 4/20 CALENDAR
04/20/22 (H) REFERRED TO FINANCE
04/25/22 (H) FIN AT 1:30 PM ADAMS 519
04/25/22 (H) Moved CSHB 145(HSS) Out of Committee
04/25/22 (H) MINUTE(FIN)
04/26/22 (H) FIN RPT 9DP 2NR
04/26/22 (H) DP: ORTIZ, EDGMON, LEBON, CARPENTER,
THOMPSON, JOSEPHSON, RASMUSSEN,
MERRICK,
04/26/22 (H) FOSTER
04/26/22 (H) NR: JOHNSON, WOOL
04/26/22 (H) BEFORE HOUSE IN THIRD READING
04/26/22 (H) TRANSMITTED TO (S)
04/26/22 (H) VERSION: CSHB 145(HSS)
04/27/22 (S) READ THE FIRST TIME - REFERRALS
04/27/22 (S) L&C
05/09/22 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
05/09/22 (S) -- Invited & Public Testimony --
05/10/22 (S) L&C AT 9:00 AM BELTZ 105 (TSBldg)
WITNESS REGISTER
REPRESENTATIVE ZACK FIELDS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 133.
REPRESENTATIVE GRIER HOPKINS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 289.
LACY WILCOX, President
Alaska Marijuana Industry Association (AMIA)
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 289.
SAM HACHEY, Owner
Tanana Herb Company (THC)
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 289.
TRAVOR HAYNES, representative
Good Cannabis
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 289.
BRANDON EMMETT, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 289.
SARAH OATES, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 289.
AARON MORSE, CEO and Co-Owner
Great Northern Cannabis
Anchorage, Alaska
POSITION STATEMENT: Stated support for HB 289.
REPRESENTATIVE CALVIN SCHRAGE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 227.
REPRESENTATIVE LIZ SNYDER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 145.
ALLIANA SALANGUIT, Staff
Representative Liz Snyder
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for HB 145
on behalf of the sponsor.
JUSTIN RUFFRIDGE, Chair
State Board of Pharmacy
Soldotna, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
145.
TOM WADSWORTH, representing self
Wasilla, Alaska
POSITION STATEMENT: Testified in support of HB 145.
LIV SWONGER, Student
UAA/ISU Doctor of Pharmacy Program
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 145.
RENEE ROBINSON, President
Alaska Pharmacists Association
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 145.
ACTION NARRATIVE
5:33:15 PM
CHAIR MIA COSTELLO called the Senate Labor and Commerce Standing
Committee meeting to order at 5:33 p.m. Present at the call to
order were Senators Gray-Jackson, Revak, and Chair Costello.
Senator Micciche arrived as the meeting was in progress.
HB 133-AK ED SAVINGS PROGRAMS/ELIGIBILITY
5:33:55 PM
CHAIR COSTELLO announced the consideration of CS FOR HOUSE BILL
NO. 133(L&C) "An Act relating to the Alaska savings program for
eligible individuals; relating to education savings programs;
relating to the Education Trust of Alaska; relating to the
Alaska advance college tuition savings fund; relating to the
Alaska education savings program for children; and relating to
the Governor's Council on Disabilities and Special Education."
CHAIR COSTELLO noted that this was the second hearing.
5:34:18 PM
REPRESENTATIVE ZACK FIELDS, Alaska State Legislature, Juneau,
Alaska, sponsor of HB 133, introduced himself and his daughter,
Zara.
REPRESENTATIVE FIELDS explained that HB 133 provides updates to
the ABLE Act to conform to federal changes that strengthen the
program significantly. HB 133 provides greater flexibility to
roll higher education accounts into ABLE accounts; increases the
age of eligibility to open an ABLE account; and tracks the
federal law for the age of onset of a disability. He highlighted
that since the legislature passed the initial ABLE Act, more
than 750 families have opened accounts. This is a very
successful program that is most helpful to families with
dependents who are living with disabilities.
5:35:55 PM
SENATOR REVAK moved to report the committee substitute (CS) for
HB 133, work order 32-LS0450\I, from committee with individual
recommendations and attached fiscal note(s).
CHAIR COSTELLO found no objection, and CSHB 133(L&C) was
reported from the Senate Labor and Commerce Standing Committee.
5:36:27 PM
At ease
HB 289-AK MARIJUANA INDUSTRY TASK FORCE
5:38:21 PM
CHAIR COSTELLO reconvened the meeting and announced the
consideration of CS FOR HOUSE BILL NO. 289(FIN) "An Act
establishing the Alaska marijuana industry task force; and
providing for an effective date."
She noted that this was the first hearing and the intention was
to hear the introduction, take public testimony, and look to the
will of the committee.
5:38:50 PM
REPRESENTATIVE GRIER HOPKINS, Alaska State Legislature, Juneau,
Alaska, sponsor of HB 289, stated that this legislation
establishes the Alaska Marijuana Industry Task Force for the
purpose of taking an overall look at the state's regulations,
permitting, certificates, tax laws, and statutes relating to the
marijuana industry. The task force will meet for approximately
six months and bring its nonbinding recommendations to the
legislature next January for consideration. He highlighted that
the House Labor and Commerce Committee amended the bill to allow
the task force will meet virtually. The Marijuana Control Board
agreed with the amendment, which reduced the fiscal note about
$100,000. He paraphrased the sponsor statement as he described
the need for the legislation: It read as follows:
[Original punctuation provided.]
Since the 2014 legalization of recreational marijuana
by citizen initiative, the state of Alaska has sought
to create a vibrant, sustainable and responsible
marijuana industry. Under the oversight of the
Marijuana Control Board, marijuana businesses have
sprung up across Alaska putting Alaskans to work,
creating new revenue streams for local governments,
and moving an unregulated black market out of the dark
and into the public light.
While many businesses initially thrived under the
terms of Alaska's marijuana market, the ongoing
inequities and inflexible fiscal terms of the voter
initiative has left many marijuana businesses
struggling to comply with the letter and spirit of the
law. Limited scope of enforcement powers have resulted
in scattershot oversight, resulting in too many small
businesses running afoul of regulations.
With the wide, varied scope and size of the businesses
competing in Alaska's marijuana market, it is
difficult to find a single solution to stabilize our
business model, maintain revenue streams for state and
local governments and preserve our unique Alaskan-
controlled marijuana industry.
HB 289 would convene a task force of knowledgeable
Alaskans to analyze this problem, propose solutions,
create models to see how these proposed changes would
impact taxpayers, businesses and governmental
entities, and offer their findings to the next Alaska
legislature for action. Chaired by the head of the
Marijuana Control Board, the task force will be
composed of the heads of relevant state agencies,
local government leaders, representatives of the
marijuana industry, a public health representative and
an economist from the University of Alaska. Members of
the Alaska House and Senate will serve as ex-officio
task force members.
This task force will meet over the 2022 interim, and
make their recommendations for action to the Thirty-
Third Alaska Legislature. I urge your support for HB
289.
5:41:15 PM
CHAIR COSTELLO opened public testimony on HB 289.
5:41:35 PM}
LACY WILCOX, President, Alaska Marijuana Industry Association
(AMIA), Juneau, Alaska, stated enthusiastic support for HB 289.
She said the excise tax on marijuana at the point of cultivation
is destabilizing the industry. For example, the $800 per pound
excise tax in Alaska is the wholesale price of a pound of
marijuana in Oregon. She said AMIA has been analyzing potential
changes, but without access to tax experts and state data, it's
been like shooting darts at the wall. She expressed hope that
passage of HB 289 would result in robust, smart, and data-driven
conversations between the industry, regulators, tax experts,
municipal stakeholders, and the legislature.
She expressed appreciation that AMIA was named as a qualified
industry representative. She acknowledged that AMIA doesn't
represent the views of the entire industry, but pointed out that
it is the only statewide trade group in the state, so the
appointment was appropriate. AMIA's goal is to help identify a
sustainable, enforceable, and fair tax structure that allows for
growth and better compliance. She characterized the future of
the industry in Alaska as bright.
5:43:40 PM
SENATOR GRAY-JACKSON asked what marijuana costs pound.
MS. WILCOX replied it's about $3,400 and can be as low as $2,800
for lower quality, $800 of which goes to the excise taxe.
5:44:27 PM
SAM HACHEY, Owner, Tanana Herb Company (THC), Fairbanks, Alaska,
stated that as both a manufacturing and a retail operation, he
appreciates the opportunity to provide information and hopefully
find a solution to tax issues plaguing the industry. He looks
forward to the federal legalization of marijuana and wants
Alaska's tax structure to align with other states.
5:45:14 PM
SENATOR MICCICHE joined the meeting.
5:45:26 PM
TRAVOR HAYNES, representative, Good Cannabis, Fairbanks, Alaska,
stated that Good Cannabis holds a retail, cultivation, and
manufacturing license. He said he'd testified on the bill
several times before, but the perspective he was offering today
was about the economic viability of communities and the state.
He relayed that he spoke to someone recently who had a
pessimistic outlook about the Fairbanks economy. He recounted
the reasons. After some thought, he realized that those reasons
could be extrapolated to the entire state. He found this a
little disconcerting because the cannabis industry is growing.
It's a bright spot in the Alaska economy in a time when there
aren't as many as there could be, he said.
MR. HAYNES said this highlights the importance of getting the
tax structure for the industry right because it will literally
make or break some cannabis businesses. He stressed that the
task force has a great opportunity to help one bright spot in
the Alaska economy.
5:47:22 PM
BRANDON EMMETT, representing self, Fairbanks, Alaska, stated
that he is the owner/operator of a cannabis company called Good
Titrations and is on the board of directors for the Alaska
Marijuana Industry Association (AMIA). He described the bill as
well written and inclusive of a broad range of stakeholders. He
offered his perspective that the existing tax structure for
marijuana needs to be adjusted. The price has dropped
considerable since 2017 but the tax floor is immobile. He views
this as poor policy for an agricultural product in an emerging
market. HB 289 provides the structure to create a more equitable
tax for the industry.
5:48:45 PM
SARAH OATES, representing self, Anchorage, Alaska, advised that
she is the President and CEO of Alaska CHARR, but today she was
speaking as an individual. She related that when she worked for
the Alcohol and Marijuana Control Office in 2017, she was tasked
with implementing the regulated marijuana industry. She said the
tax structure that was implemented at the time is not working.
She stressed that restructuring is essential to preserve a
robust, legal, and regulated cannabis industry and to help small
Alaska cannabis businesses succeed. HB 289 works to this end by
authorizing a diverse group of stakeholders to meet and provide
recommendations to the state on how to help the existing, highly
regulated industry be successful. She urged passage of HB 289.
5:50:13 PM
CHAIR COSTELLO noted that Aaron Morse, CEO of Great Northern
Cannabis was available to answer questions. She asked if he
supported the legislation.
5:50:25 PM
AARON MORSE, CEO and Co-Owner, Great Northern Cannabis,
Anchorage, Alaska, answered that GNC is a vertically integrated
operation and he was speaking in support of HB 289.
5:50:57 PM
CHAIR COSTELLO closed public testimony on HB 289 and solicited
the will of the committee.
5:51:06 PM
SENATOR MICCICHE stated strong support for HB 289. He summarized
that there had been a good faith effort to follow the marijuana
initiative, but the tax structure was fundamentally flawed,
which was preventing businesses from succeeding. Thus it was
appropriate to convene a task force to adjust the tax structure
and get the industry back on track.
SENATOR GRAY-JACKSON stated support for convening the task
force, but questioned why it couldn't meet in person
5:52:07 PM
REPRESENTATIVE HOPKINS answered that it was a policy call by the
House Labor and Commerce Committee to save money. The committee
worked with the Alcohol and Marijuana Control Office (AMCO), the
board, and industry members and the meetings have been virtual
for several years. He offered his understanding that AMCO has a
conference room that could be available but that would add cost.
He relayed that the six-month task force is paid for with
designated general fund (DGF) dollars from industry licensing
fees.
SENATOR GRAY-JACKSON clarified that she likes Zoom meetings as
opposed to in-person, she was just curious.
5:53:23 PM
CHAIR COSTELLO asked if task forces must meet in person unless
specifically authorized to meet virtually.
REPRESENTATIVE HOPKINS said he wasn't aware of any such
limitation. The bill specifically provides for virtual meetings
to save money.
CHAIR COSTELLO voiced support for subsection (f) on page 3, line
17 that specifically states the meetings may not take place in
person.
SENATOR REVAK provided supportive quips about the bill, the task
force, and the industry.
5:54:35 PM
SENATOR REVAK moved to report the committee substitute (CS) for
HB 289, work order 32-LS1317\G, from committee with individual
recommendations and attached fiscal note(s).
CHAIR COSTELLO found no objection, and CSHB 289(FIN) was
reported from the Senate Labor and Commerce Standing Committee.
5:54:56 PM
At ease
HB 227-MUNI ENERGY IMPROVEMNT ASSESSMENT PROGRAM
5:56:28 PM
CHAIR COSTELLO reconvened the meeting and announced the
consideration of HOUSE BILL NO. 227 "An Act relating to
municipal energy and resilience improvement assessment programs;
and providing for an effective date."
She noted that the Senate committee substitute (SCS) for HB 227,
work order 32-LS1028\W, was before the committee and that
Senator Micciche had an amendment.
5:56:53 PM
SENATOR MICCICHE moved to adopt Amendment 1, work order 32-
LS1028\W.2.
32-LS1028\W.2
Dunmire
5/6/22
AMENDMENT 1
OFFERED IN THE SENATE
TO: SCS HB 227(L&C)
Page 1, line 1, following "programs;
Insert "relating to the planning commission
membership apportionment requirement for first and
second class boroughs;
Sec. 29.40.020. Planning commission.
(a) Each first and second class borough shall
establish a planning commission consisting
of five residents unless a greater number is
required by ordinance. [COMMISSION
MEMBERSHIP SHALL BE APPORTIONED SO THAT THE
NUMBER OF MEMBERS FROM HOME RULE AND FIRST
CLASS CITIES REFLECTS THE PROPORTION OF
BOROUGH POPULATION RESIDING IN HOME RULE AND
FIRST CLASS CITIES LOCATED IN THE BOROUGH.]
A member shall be appointed by the borough
mayor for a term of three years subject to
confirmation by the assembly, except that a
member from a home rule or first class city
shall be selected from a list of
recommendations submitted by the council.
Members first appointed shall draw lots for
one, two, and three year terms. Appointments
to fill vacancies are for the unexpired
term. The compensation and expenses of the
planning commission and its staff are paid
as directed by the assembly.
Renumber the following bill sections accordingly.
CHAIR COSTELLO objected for purposes of an explanation.
SENATOR MICCICHE explained that Amendment 1 would allow first
and second class boroughs to divide into districts, similar to
what's allowed for borough assembly seats, to make it easier for
boroughs to fill seats on their planning commission. The
amendment doesn't change how commissioners are selected or
appointed; it simply allows the borough to divide into districts
and provides more local control.
SENATOR COSTELLO removed her objection; she found no further
objection and Amendment 1 was adopted. She asked the sponsor if
he had any comment on the bill as currently amended.
5:58:51 PM
REPRESENTATIVE CALVIN SCHRAGE, Alaska State Legislature, Juneau,
Alaska, sponsor of HB 227, thanked the committee for hearing the
bill again. He expressed appreciation for the amendment and hope
that the committee would support moving the bill forward.
5:59:11 PM
SENATOR REVAK moved to report the CS for HB 227(CRA) from
committee with attached fiscal note.
5:59:27 PM
At ease
5:59:47 PM
CHAIR COSTELLO reconvened the meeting and recognized Senator
Revak.
5:59:51 PM
SENATOR REVAK withdrew his previous motion.
5:59:58 PM
SENATOR REVAK moved to report the Senate committee substitute
(SCS) for HB 227, work order 32-LS1028\W, as amended, from
committee with individual recommendations and attached fiscal
note(s).
CHAIR COSTELLO found no objection, and SCS HB 227(L&C) was
reported from the Senate Labor and Commerce Standing Committee.
6:00:26 PM
At ease
HB 145-EXPAND PHARMACIST AUTHORITY
6:02:18 PM
CHAIR COSTELLO reconvened the meeting and announced the
consideration of CS FOR HOUSE BILL NO. 145(HSS) "An Act relating
to the Board of Pharmacy; relating to health care services
provided by pharmacists and pharmacy technicians; and relating
to the practice of pharmacy."
She noted that this was the first hearing and the intention was
to hear the introduction, take public testimony, answer any
questions, and look to the will of the committee.
6:02:51 PM
REPRESENTATIVE LIZ SNYDER, Alaska State Legislature, Juneau,
Alaska, sponsor of HB 145, described HB 145 as a health care
access bill that provides long overdue updates to the statutes
governing the practice of pharmacy in Alaska so the profession
is able to continue providing the services long associated with
pharmacy. HB 145:
• defines patient care services that pharmacists and support
staff are able to provide
• allows pharmacy technicians to administer vaccines and
emergency medications under the direct supervision of a
licensed pharmacist
• empowers the Board of pharmacy to regulate pharmacists,
student pharmacists, and pharmacy support staff
• updates the statutes consistent with current practices and
training
• updates the provider antidiscrimination statute to support
insurance coverage of these patient care services when they
are provided by a pharmacist
REPRESENTATIVE SNYDER clarified that HB 145 does not expand
pharmacists' prescriptive authority. She highlighted the
extensive support for the bill from pharmacists and health care
organizations throughout the state.
6:05:53 PM
CHAIR COSTELLO asked Alliana Salanguit to walk through the
sectional analysis for HB 145.
6:06:01 PM
ALLIANA SALANGUIT, Staff, Representative Liz Snyder, Alaska
State Legislature, Juneau, Alaska, presented the sectional
analysis for HB 145 on behalf of the sponsor. It read as
follows:
Sec. 1: Adds language to AS 08.80.030(b) Powers and
Duties of the Board, statute that outlines the Board
of Pharmacy's powers, that allows the Board of
Pharmacy to adopt rules to regulate the independent
monitoring of drug therapy and independent pharmacist
prescribing of vaccines and naloxone.
Sec. 2: Adds a new subsection to AS 08.80.045
Nonprescription Drugs that aligns statute with the
current practice of pharmacists recommending non-
prescription medications and devices for treating
minor and self-limited conditions.
Sec. 3: Amends AS 08.80.155 Emergency Permit to
increase the Board of Pharmacy's flexibility to grant
emergency licenses for all relevant licenses used in
pharmacies.
Sec. 4: Amends AS 08.80.168(a) Administration of
Vaccines and Related Emergency Medications by adding
"prescribe" to existing vaccine administration
statute.
6:07:10 PM
MS. SALANGUIT continued the sectional analysis for HB 145.
Sec. 5: Amends AS 08.80.168(b) by replacing "dispense"
with "prescribe and administer" in regards to
administering an opioid overdose drug.
Sec. 6: Adds a new subsection to AS 08.80.168 that
allows a pharmacy technician to administer a vaccine
or related emergency medication but only if they have
been authorized by the Board of Pharmacy to do so AND
if they are under the direct supervision of a licensed
pharmacist who meets the requirements in AS 08.80.168
(a).
Sec. 7: Adds language to AS 08.80.297(a) Prescription
Prices Available to Consumer that allows personnel who
are not licensed pharmacists to disclose the cost of
filling a prescription when directed by a pharmacist
working at the same institution.
6:07:57 PM
Sec. 8: Amends AS 08.080 Pharmacists and Pharmacies by
adding a new section, AS 08.80.337 Other Patient Care
Services, that:
• Allows a pharmacist to provide patient care
services for a disease or condition with an
existing diagnosis under an agreement made with
and approved by a practitioner
• Limits patient care services that pharmacists can
provide to those that are minor, self-limiting,
and have a CLIA-waived laboratory test which
guides clinical decision making.
• Provides language that allows pharmacists to be
reimbursed for providing these services
Sec. 9: Amends AS 08.80.480 Definitions by removing
"dosage form" as a definition of "equivalent drug
product". This allows pharmacists to make minor, non-
therapeutic changes to prescriptions using clinical
judgement and expertise without contacting the
prescriber for verbal or written approval. This does
not allow a pharmacist to substitute a dosage form
that would negatively impact patient outcomes, safety,
or cost effectiveness. Examples of appropriate
substitutions under this section include changing from
a tablet form of medication to a capsule form of the
same medication and strength.
6:09:18 PM
MS. SALANGUIT continued the sectional analysis for HB 145.
Sec. 10: Amends AS 08.80.480(30) by adding
"dispensing" and "independent prescribing" to the
definition of the "Practice of Pharmacy" to align with
the changes made in Section 4 & 5 (AS 08.80.168) of
this bill. These additions better represent actual
provision of naloxone and vaccine by pharmacists.
Sec. 11: Amends AS 21.36.090(d) Unfair Discrimination
to include "pharmacists" as protected health care
providers in the provider anti-discrimination statute.
This aligns the state statute with federal statute
(CFR 438.12) and afford pharmacists the same
protection as all other healthcare providers when
engaging health plans for covered services such as
ordering laboratory tests, point-of-care testing,
vaccine prescribing and administration, preventative
health services, managing minor self-limiting
conditions, and participating in collaborative disease
state management.
Sec. 12: Amends AS 21.42 The Insurance Contract by
adding language ensuring health insurance plans
reimburse pharmacists for eligible health care
services they provide.
CHAIR COSTELLO asked if there were questions.
6:09:34 PM
SENATOR MICCICHE asked for an explanation of "unfair
discrimination" because it seems as though it's related to
providers.
MS. SALANGUIT confirmed that the statute addresses unfair
discrimination by providers; it lists all the health care
providers with the exception of pharmacists.
SENATOR MICCICHE asked what that statute covered and how it was
associated with pharmacists.
6:10:24 PM
REPRESENTATIVE SNYDER explained that Alaska statute and federal
statute CFR 438.12 provide protections for other types of
providers who deliver covered services. Pharmacists have federal
protection and Section 11 of the bill extends that protection to
pharmacists practicing in Alaska. She deferred further
explanation to the chair of the Board of Pharmacy.
SENATOR MICCICHE requested Board of Pharmacy Chair Ruffridge
describe the type of discrimination this protects against.
6:11:37 PM
JUSTIN RUFFRIDGE, Chair, State Board of Pharmacy, Soldotna,
Alaska, explained that the change to the anti-discrimination
statute allows pharmacists to bill for health care services
through Medicare, Medicaid, and private insurance. Pharmacists
often are unable to bill for certain testing and other limited
patient care services because they are not recognized as a
provider. The amendment addresses this issue by specifically
mentioning pharmacists in the anti-discrimination statute.
SENATOR MICCICHE expressed appreciation for the answer.
6:13:08 PM
CHAIR COSTELLO opened public testimony on HB 145.
6:13:13 PM
TOM WADSWORTH, representing self, Wasilla, Alaska, stated that
he is a pharmacist licensed in Alaska and the administrator of
UAAs ISU Doctor of Pharmacy program. He clarified that he was
not representing the university. Rather, he was speaking as a
practicing pharmacist and Doctor of Pharmacy educator in support
of HB 145.
He conveyed that HB 145 represents two years of close
collaboration between the Alaska Pharmacists Association, the
Board of Pharmacy, and the School of Pharmacy. The updates are
long overdue and more accurately reflect the contemporary
practices of pharmacy and pharmacists. The public is aware of
pharmacists working in retail settings such as Walmart or
Safeway but 60 percent of pharmacists actually work in health
systems, primary care systems, and tribal systems.
MR. WADSWORTH explained that a pharmacist is behind ever
medication order and they also provide a variety of health care
services unrelated to dispensing medication. This has been the
case for over 30 years in Alaska, primarily in the VA system,
tribal organizations, and private sector. He said this simply
contemporizes the statute so the Board of Pharmacy is able to
promulgate regulations around those practices.
He highlighted that the Doctor of Pharmacy program in Alaska was
growing its own pharmacists. Over 40 pharmacists had graduated
and they were all practicing in Alaska communities. He said they
are competent health care providers who should be able to
practice at the highest level of their education.
6:15:53 PM
LIV SWONGER, Doctor of Pharmacy Student, UAA/ISU Doctor of
Pharmacy Program, Anchorage, Alaska, stated that she was a
fourth year Doctor of Pharmacy student on the University of
Alaska Anchorage campus, speaking in support of HB 145. She
conveyed her belief that HB 145 will allow her to practice to
the full extent of her education and training when she receives
her Doctor of Pharmacy degree next year. Provisions in HB 145
will increase accessibility for pharmacists to provide critical
health care services such as independently monitoring drug
therapies for high blood pressure and diabetes. Additionally, HB
145 will help give pharmacists the ability to prescribe and be
reimbursed for the life-saving overdose reverse medication such
as Naloxone. This will help combat Alaska's high overdose deaths
involving opioids. Passage of HB 145 will also mitigate barriers
to care by allowing people experiencing illness such as strep
throat or influenza to access testing and treatment through
community pharmacists. Finally, adding pharmacists to the
insurance anti-discrimination statute will ensure the
sustainability of and access to services that pharmacists can
provide.
CHAIR COSTELLO asked Renee Robinson if she wanted to provide
testimony on HB 145.
6:18:35 PM
RENEE ROBINSON, President, Alaska Pharmacists Association (APA),
Anchorage, Alaska, stated that she was available for questions
and had not prepared specific testimony, but as president of the
Alaska Pharmacists Association she was supportive of the
legislation. This has been a collaborative effort among
stakeholders over the past two years, she said.
6:19:00 PM
CHAIR COSTELLO closed public testimony on HB 145.
6:19:20 PM
At ease
6:19:43 PM
CHAIR COSTELLO reconvened the meeting and solicited a motion.
6:19:49 PM
SENATOR REVAK moved to report the committee substitute (CS) for
HB 145, work order 32-LS0720\B, from committee with individual
recommendations and attached fiscal note(s).
CHAIR COSTELLO found no objection, and CSHB 145(HSS) was
reported from the Senate Labor and Commerce Standing Committee.
6:20:19 PM
REPRESENTATIVE SNYDER thanked the committee.
6:20:34 PM
There being no further business to come before the committee,
Chair Costello adjourned the Senate Labor and Commerce Standing
Committee meeting at 6:20 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 227 Amendment W.2.pdf |
SL&C 5/10/2022 9:00:00 AM |
HB 227 |