Legislature(2023 - 2024)BELTZ 105 (TSBldg)
04/21/2023 01:30 PM Senate LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| SB89 | |
| SB123 | |
| SB73 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 89 | TELECONFERENCED | |
| + | SB 123 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 73 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
April 21, 2023
1:35 p.m.
MEMBERS PRESENT
Senator Jesse Bjorkman, Chair
Senator Click Bishop, Vice Chair
Senator Elvi Gray-Jackson
Senator Forrest Dunbar
MEMBERS ABSENT
Senator Kelly Merrick
COMMITTEE CALENDAR
SENATE BILL NO. 89
"An Act relating to tobacco, tobacco products, electronic
smoking products, nicotine, and products containing nicotine;
raising the minimum age to purchase, sell, exchange, or possess
tobacco, a product containing nicotine, or an electronic smoking
product; relating to the taxation of electronic smoking products
and vapor products; and providing for an effective date."
- MOVED CSSB 89(L&C) OUT OF COMMITTEE
SENATE BILL NO. 123
"An Act relating to commercial motor vehicle drivers' license
requirements; and providing for an effective date."
- HEARD & HELD
SENATE BILL NO. 73
"An Act relating to registered interior designers and interior
design; establishing requirements for the practice of registered
interior design; renaming the State Board of Registration for
Architects, Engineers, and Land Surveyors the State Board of
Registration for Design Professionals; relating to the State
Board of Registration for Design Professionals; relating to
liens for labor or materials furnished; relating to the
procurement of interior design services; and providing for an
effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 89
SHORT TITLE: AGE FOR TOBACCO/NICOTINE/E-CIG; TAX E-CIG
SPONSOR(s): SENATOR(s) STEVENS
03/01/23 (S) READ THE FIRST TIME - REFERRALS
03/01/23 (S) L&C, FIN
03/24/23 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
03/24/23 (S) Heard & Held
03/24/23 (S) MINUTE(L&C)
03/31/23 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
03/31/23 (S) Heard & Held
03/31/23 (S) MINUTE(L&C)
04/03/23 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
04/03/23 (S) Heard & Held
04/03/23 (S) MINUTE(L&C)
04/21/23 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 123
SHORT TITLE: LICENSE REQUIREMENTS: COMM. DRIVERS
SPONSOR(s): TRANSPORTATION
04/05/23 (S) READ THE FIRST TIME - REFERRALS
04/05/23 (S) TRA, L&C
04/11/23 (S) TRA AT 1:30 PM BUTROVICH 205
04/11/23 (S) Heard & Held
04/11/23 (S) MINUTE(TRA)
04/13/23 (S) TRA AT 1:30 PM BUTROVICH 205
04/13/23 (S) Moved SB 123 Out of Committee
04/13/23 (S) MINUTE(TRA)
04/14/23 (S) TRA RPT 3DP
04/14/23 (S) DP: KAUFMAN, MYERS, WILSON
04/21/23 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 73
SHORT TITLE: REGISTER INTERIOR DESIGNERS
SPONSOR(s): CLAMAN
02/17/23 (S) READ THE FIRST TIME - REFERRALS
02/17/23 (S) L&C, FIN
04/10/23 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
04/10/23 (S) <Bill Hearing Canceled>
04/12/23 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
04/12/23 (S) Heard & Held
04/12/23 (S) MINUTE(L&C)
04/21/23 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
TIM LAMKIN, Staff
Senator Gary Stevens
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Gave a recap of and responded to questions
on SB 89.
KONRAD JACKSON, Staff
Senator Jesse Bjorkman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the summary of changes from
version B to S for SB 89.
SENATOR JAMES KAUFMAN, District F
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 123.
EMMA TORKELSON, Staff
Senator James Kaufman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for SB 123.
JOE MICHEL, Executive Director
Alaska Trucking Association
Anchorage, Alaska
POSITION STATEMENT: Gave invited testimony in support of SB 123.
JOEY CRUM, Chief Executive Officer
Northern Industrial Training (NIT)
Palmer, Alaska
POSITION STATEMENT: Gave invited testimony in support of SB 123.
BREANNA KAKARUK, Staff
Senator Matt Claman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the summary of changes from
version S to version U for SB 73.
JESSICA CEDERBERG, President-elect
American Institute of Architects (AIA) Alaska
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SB 73.
ELIZABETH JOHNSTON, representing self
Fairbanks, Alaska
POSITION STATEMENT: Gave testimony on SB 73.
DANA NUNN, member
American Society of Interior Designers
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 73.
MATT BARUSCH, Director
Government Affairs, Council for Interior Design Qualification
Washington, D.C.
POSITION STATEMENT: testified in support of SB 73.
CATHERINE FRITZ, Chair
Alaska Board of Registration for Architects, Engineers, and Land
Surveyors (AELS)
POSITION STATEMENT: Gave testimony on SB 73, requesting more
time to deliberate on the proposed CS.
RAMONA SCHIMSCHEIMER, representing self
Anchorage, Alaska
POSITION STATEMENT: Gave testimony on SB 73, requesting more
time to consider the proposed CS.
PAUL BARIL, representing self
Anchorage, Alaska
POSITION STATEMENT: Requested time to review the proposed CS for
SB 73.
RYAN MORSE, member
American Institute of Architects (AIA) Alaska
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to SB 73 as it is
currently written.
ACTION NARRATIVE
1:35:22 PM
CHAIR JESSE BJORKMAN called the Senate Labor and Commerce
Standing Committee meeting to order at 1:35 p.m. Present at the
call to order were Senators Dunbar, Gray-Jackson, Bishop, and
Chair Bjorkman.
SB 89-AGE FOR TOBACCO/NICOTINE/E-CIG; TAX E-CIG
1:36:28 PM
CHAIR BJORKMAN announced the consideration of SENATE BILL NO. 89
"An Act relating to tobacco, tobacco products, electronic
smoking products, nicotine, and products containing nicotine;
raising the minimum age to purchase, sell, exchange, or possess
tobacco, a product containing nicotine, or an electronic smoking
product; relating to the taxation of electronic smoking products
and vapor products; and providing for an effective date."
He stated that this is the fourth hearing of this bill and Tim
Lamkin will provide a recap.
1:37:05 PM
TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, Juneau, Alaska, gave a recap of and responded to
question on SB 89. He stated that this bill aligns state law
with federal law for sales of tobacco and e-cigarette products
to individuals age 21 and older and establishes a 25 percent
retail sales tax on e-cigarette products.
CHAIR BJORKMAN noted there was a committee substitute (CS) two
amendments for the committee to consider. He solicited a motion
to adopt the proposed CS.
1:37:55 PM
SENATOR GRAY-JACKSON moved to adopt the committee substitute
(CS) for SB 89, work order 33-LS0247\S, as the working document.
CHAIR BJORKMAN objected for purposes of discussion.
1:38:34 PM
KONRAD JACKSON, Staff, Senator Jesse Bjorkman, Alaska State
Legislature, Juneau, Alaska, presented the following summary of
changes from CS version B to S for SB 89:
[Original punctuation provided.]
SUMMARY of CHANGES
(from version B to version S)
Reflected version S:
Change #1: Page 3, lines 17-19
The fine for a violation for underage possession was
reduced from up to $300, to up to $150. A provision
was also added for the court to offer a defendant, in
lieu of paying a fine, the option of participating in
an educational program on the risks of tobacco use;
Change #2: Page 9, line 30
Added the tax on E-Cigs is "25% of the retail sales
price" of the products;
Change #3: Page 10, 19-20
Added the definition of Hemp products, given hemp
products are being exempted from the tax program;
Change #4: Page 12, after line 2
Deleted from version B was a subsection on tax credits
and refunds, as they apply to wholesale tax structure,
and this is a retail tax program;
Change #5: Page 12, lines 17-19
Added an allowance for tax proceeds to be used for
relief for schools in contracting with health
advocates conducting smoking cessation seminars and
installation of vaping detection devices;
Change #6: Page 14, line 23
Increased the limit of nicotine concentration from 20
mg/mL to 60 mg/mL;
Change #7: Page 16, line 18
Under the definition of "retailer," added "..in the
business of selling [ESPs] at retail;"
Change #8: Page 21, line 25
Moved the effective date from July 1, 2023 to January
1, 2024. This change also resulted in deleting
Sections 2 and 10 from version B, as they were
technical in nature.
1:41:45 PM
CHAIR BJORKMAN removed his objection. Finding no further
objection, CSSB 89, version S, was adopted as the working
document.
1:42:08 PM
SENATOR DUNBAR moved to adopt Amendment 1, work order 33-
LS0247\B.1, for CSSB 89. He advised that the amendment was
drafted to SB 89, version B, so the committee would need to
grant Legislative Legal authority to make conforming changes to
CSSB 89, version S if the amendment is adopted.
33-LS0247\B.1
Nauman
4/6/23
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR DUNBAR
TO: SB 89
Page 1, line 2:
Delete "sell,"
Page 2, line 5:
Delete "21 [19]"
Insert "19"
Page 3, line 10:
Delete "A"
Insert "Except as provided in (e) of this
section, a [A]"
Page 4, line 3:
Delete "a new subsection"
Insert "new subsections"
Page 4, following line 5:
Insert a new subsection to read:
"(e) The provisions of (a) of this section do
not apply to a person 19 or 20 years of age who is
employed by a person with a business license
endorsement under AS 43.70.075 and, as part of that
employment, is selling a cigarette, a cigar, tobacco,
a product containing tobacco, an electronic smoking
product, or a product containing nicotine."
Page 5, line 9:
Delete "21 [19]"
Insert "19"
Page 22, line 3:
Delete "(a)"
Page 22, line 8, following "AS 11.76.105(d)":
Insert "and (e)"
Page 22, lines 19 - 22:
Delete all material.
CHAIR BJORKMAN objected for purposes of discussion.
CHAIR BJORKMAN removed his objection.
1:45:24 PM
SENATOR BISHOP asked whether the Anchorage Assembly collected
analytical data showing the number of 19-year-olds operating in
this space.
SENATOR DUNBAR replied that he was unable to collect that data.
Anecdotally, he relayed a story about a 19 or 20-year-old who
said he would lose his job without this amendment. Senator
Dunbar said that these entry-level positions are the kind of
jobs that young people have the most access to and they should
not be restricted from such employment.
1:46:27 PM
SENATOR GRAY-JACKSON asked for the sponsor's position on
Amendment 1.
1:46:45 PM
MR. LAMKIN answered that first and foremost Senator Stevens
wants to see progress on SB 89. He described the controlled
access provision in state law and assured the members that the
bill does not preclude someone who is 18 or 19 from the job,
they just need a supervisor who is age 21 or older who is
present to facilitate the transaction.
1:48:12 PM
CHAIR BJORKMAN found no further objection and Amendment 1 was
adopted.
1:48:26 PM
SENATOR GRAY-JACKSON, on behalf of Senator Bjorkman, moved to
adopt Amendment 2 to SB 89, [work order 33-LS0247\S.1].
33-LS0247\S.1
Nauman
4/18/23
AMENDMENT 2
OFFERED IN THE SENATE BY SENATOR BJORKMAN
TO: CSSB 89(L&C), Draft Version "S"
Page 1, line 2:
Delete "raising"
Insert "relating to"
Page 2, line 5:
Delete "21"
Insert "18"
Page 2, line 25:
Delete "A"
Insert "Except as provided in (e) of this
section, a [A]"
Page 3, line 20:
Delete "a new subsection"
Insert "new subsections"
Page 3, following line 22:
Insert a new subsection to read:
"(e) The provisions of (a) of this section do
not apply to a person 18, 19, or 20 years of age who
is employed by a person with a business license
endorsement under AS 43.70.075 and, as part of that
employment, is selling a cigarette, a cigar, tobacco,
a product containing tobacco, an electronic smoking
product, or a product containing nicotine."
Page 4, line 26:
Delete "21"
Insert "18"
Page 21, line 5:
Delete "(a)"
Page 21, line 10, following "AS 11.76.105(d)":
Insert "and (e)"
Page 21, lines 21 - 24:
Delete all material.
CHAIR BJORKMAN objected for purposes of discussion. He said
Amendment 1 permits a person 19 or 20 years of age to sell
cigarettes, cigars, tobacco products, electronic smoking
products and products containing nicotine as part of their
employment. He argued that the age range should be expanded to
include a person 18 years of age. An 18-year-old would be
unemployable without an older person onsite and available to
supervise. A college-age person who has graduated from high
school should be able to work in this area. It would still be
illegal with harsh punishments if they were to buy, sell, or
possess these products in violation of the law. However, 18-
year-olds should not be prevented from working in these
establishments to fulfill their economic needs. The age should
be 18 instead of 19.
CHAIR BJORKMAN removed his objection and asked if there was
further objection.
1:50:16 PM
SENATOR DUNBAR objected for purposes of further discussion. He
asked the bill sponsor whether there is a legal difference
between 18- and 19-year-olds under existing law, and if so,
whether Amendment 2 would cause SB 89 to roll back existing law
on tobacco products.
1:51:58 PM
MR. LAMKIN replied that this subject matter has a long, sordid
history. State law is 19, currently. It has been 19 since the
1980s. The policy decision orbited around the idea that 18-year-
olds are still in school. He offered the notion that if the
state targets young adults and sub-adults who have social
circles that include 15-, 16-, 17- and 18-year-olds, it is
easier for those under 18 to access the products. Herein lies
the core question. He asked whether the law is written to
support adults at 18 or protect children under 18.
1:52:11 PM
SENATOR DUNBAR commented that this is a challenging area. Young
people are in a legal and societal liminal space. Young men are
required to register for Selective Service at age 18 could be
sent to war, however, many 18-year-olds are still in high
school. He clarified that 19-year-olds are in high school too,
though far fewer. He said that SB 89 should move in a positive
direction of discouraging nicotine addiction and tobacco product
use. An amendment to keep that age at 19 and 20 is neutral,
whereas an amendment to drop the age to 18 is moving in the
opposite direction. He said for that reason he maintains his
objection to Amendment 2.
1:53:45 PM
SENATOR GRAY-JACKSON said she cosponsored this legislation last
year and she is a cosponsor this year. She thanked Mr. Lamkin
for reiterating the importance of SB 89. She opposed the
[amendment].
1:54:19 PM
At ease.
1:54:58 PM
CHAIR BJORKMAN reconvened the meeting.
1:55:12 PM
SENATOR GRAY-JACKSON corrected her previous statement stating
that she supports the bill but not Amendment 2.
1:55:38 PM
CHAIR BJORKMAN said he discourages teens from vaping and e-
cigarette use; however, he does not want to discourage an 18-
year-old high school graduate from working. This country values
economic freedom, opportunity, and the ability to work and earn.
He said that with freedom comes responsibility. People have the
responsibility to make good choices and follow the law. Passing
laws that prevent people who are above the age of adulthood from
working is not in keeping with the spirit of liberty and
freedom. Employers need employees to serve alcohol or to wait
tables, people willing to do the work. As laws continue to
restrict people from working, fewer people will be willing to
work.
1:57:26 PM
SENATOR DUNBAR responded to the comment about high school
graduates who are 18 years of age. He said he could support the
amendment, but not while the 18-year-old is in school.
1:58:28 PM
SENATOR BISHOP commented he wants the bill to be effective and
work. He found that Senator Dunbar made an important
distinction. He stated that an 18-year-old who is still in high
school has peer pressure from classmates.
1:59:24 PM
SENATOR GRAY-JACKSON commented that these establishments are not
the only establishments where 18-year-olds can find work.
2:00:02 PM
CHAIR BJORKMAN moved to withdraw Amendment 2. Finding no
objection, Amendment 2 was withdrawn.
2:00:25 PM
SENATOR GRAY-JACKSON moved to report CSSB 89, work order 33-
LS0247\S, as amended, from committee with individual
recommendations and attached fiscal note(s). She further moved
that the committee grant Legislative Legal the authorization to
make technical and conforming changes.
2:00:49 PM
CHAIR BJORKMAN found no objection and CSSB 89(L&C) was reported
from the Senate Labor and Commerce Standing Committee.
2:01:03 PM
At ease.
SB 123-LICENSE REQUIREMENTS: COMM. DRIVERS
2:05:58 PM
CHAIR BJORKMAN reconvened the meeting and announced the
consideration of SENATE BILL NO. 123 "An Act relating to
commercial motor vehicle drivers' license requirements; and
providing for an effective date."
2:06:47 PM
SENATOR JAMES KAUFMAN, District F, Alaska State Legislature,
Juneau, Alaska, sponsor of SB 123, introduced the legislation
paraphrased the following sponsor statement:
[Original punctuation provided.]
Senate Bill 123 repeals the requirement in AS
28.33.100(a)(2) that requires applicants for a
Commercial Driver's License (CDL) to hold a regular
Alaska driver's license for at least one year before
they can begin the process of obtaining a CDL.
This requirement was enacted in 1985 before state and
federal regulators modernized the training and
licensing standards for CDLs. Today, an individual
seeking a CDL has an extensive training and testing
process to go through to ensure they are ready to
safely drive commercial vehicles.
On the state level, a prospective commercial driver
must pass a written test at the DMV to obtain a CDL
Learners Permit and then a driving test to obtain
their full license. Beginning in February 2022,
federally mandated Entry Level Driver Training (ELDT)
requirements must also be met during the CDL Learner's
Permit stage. ELDT requires comprehensive theory
testing and a driving evaluation process to ensure
that CDL applicants possess the necessary skills and
knowledge to operate commercial vehicles safely and
efficiently. With these new safety and training
standards, the one-year regular driver's license
requirement now only serves as a barrier to workforce
development.
The Alaska Trucking Association estimates that Alaska
is about 500 truck drivers short, presenting a risk
both to food security and major new development
projects in industries like construction, mining, oil
and gas, etc. For young people in urban areas, getting
a driver's license at 16 is common. However, for
people coming from rural communities, a growing number
of urban youth waiting to get their license, and
newcomers to the county, the year-long wait to start
the licensing process often prevents the trucking
industry from being a viable career option.
Repealing the one-year regular driver's license
requirement aligns Alaska's CDL requirements with
modern federal standards and removes a barrier to a
workforce that, although relatively small, is ready
and willing. With the passage of SB 123, Alaska will
better be able to meet our commercial vehicle driver
needs and empower Alaskans to pursue meaningful
employment critical to our state.
2:09:33 PM
SENATOR DUNBAR asked if there was invited testimony.
CHAIR BJORKMAN answered yes.
2:09:51 PM
EMMA TORKELSON, Staff, Senator James Kaufman, Alaska State
Legislature, Juneau, Alaska, presented the following sectional
analysis for SB 123:
[Original punctuation provided.]
Sectional Analysis for SB 123, Version A
"An Act relating to commercial motor vehicle drivers'
license requirements; and providing for an effective
date"
Sec 1. Amends AS 28.33.100(a) to remove subsection
(2) which requires an applicant for a Commercial
Driver's License to have held a regular driver's
license for at least one year before beginning the CDL
certification process.
Sec 2. Sets January 20, 2024, effective date.
2:11:36 PM
SENATOR DUNBAR asked why the effective date wasn't sooner than
January 20, 2024.
2:12:18 PM
MS. TORKELSON replied that this language was modeled on the
companion bill in the House. She agreed that the date should be
sooner and noted that the committee could make that change.
2:13:22 PM
JOE MICHEL, Executive Director, Alaska Trucking Association,
Anchorage, Alaska, gave invited testimony in support of SB 123.
He said that the Alaska Trucking Association fully supports this
bill. It will eliminate one of the many barriers to embarking on
a career in the trucking and transportation industry. In
February 2022, the Federal Motor Carrier Safety Administration
implemented an entry-level driver training program and
established the minimum training requirements for entry-level
motor vehicle operators. This program came after years of
engagement with safety organizations, industry leaders, and
stakeholders. There is a checklist of well over a hundred
different skills, inspection, and knowledge requirements that
applicants must prove themselves proficient in before they are
allowed to test for a CDL. The association found the one-year
requirement redundant. Insurance companies are one of the
biggest regulators of trucking and safety scores, and records
dictate whether one can operate on the roads or not.
2:15:53 PM
JOEY CRUM, Chief Executive Officer, Northern Industrial Training
(NIT), Palmer, Alaska, gave invited testimony in support of SB
123. He stated that Northern Industrial Training trains drivers
statewide. This bill removes barriers to entry, especially those
in rural Alaska allowing more workers to choose this career
path. Since the new regulations passed a year ago, the current
statute has been rendered moot. The process to obtain a CDL now
requires a person to pass a Division of Motor Vehicles (DMV)
written exam and a Department of Transportation and Public
Facilities (DOTPF) physical to be issued a commercial learner's
permit. After the permit is issued, they must practice written
exams proctored by a federally registered training provider, and
pass practical exams and a performance test approved by the DMV
or an approved third party. He said it is important to note that
vehicles such as 16-passenger vans or pick-ups hauling highly
hazardous materials require CDLs. He said the bill needs to pass
to remove unnecessary barriers to gainful employment.
2:19:33 PM
CHAIR BJORKMAN opened public testimony on SB 123.
2:20:14 PM
At ease.
2:20:46 PM
CHAIR BJORKMAN reconvened the meeting. He stated there were
technical issues with the phone lines. He invited the public to
email written testimony to [email protected].
2:21:37 PM
CHAIR BJORKMAN closed public testimony and held SB 123 in
committee.
2:21:58 PM
At ease.
SB 73-REGISTER INTERIOR DESIGNERS
2:28:08 PM
CHAIR BJORKMAN reconvened the meeting and announced the
consideration of SENATE BILL NO. 73 "An Act relating to
registered interior designers and interior design; establishing
requirements for the practice of registered interior design;
renaming the State Board of Registration for Architects,
Engineers, and Land Surveyors the State Board of Registration
for Design Professionals; relating to the State Board of
Registration for Design Professionals; relating to liens for
labor or materials furnished; relating to the procurement of
interior design services; and providing for an effective date."
He stated that this is the second hearing of this bill and
Breanna Kakaruk will present a recap of the bill.
2:28:42 PM
BREANNA KAKARUK, Staff, Senator Matt Claman, Alaska State
Legislature, Juneau, Alaska, stated that the proposed committee
substitute (CS) for SB 73, version U, incorporates the changes
the American Society of Interior Designers and the American
Institute of Architects Working Group requested following
collaborative meetings.
2:29:41 PM
CHAIR BJORKMAN requested a motion to adopt the CS for SB 73 as
the working document.
2:29:50 PM
SENATOR GRAY-JACKSON moved to adopt the committee substitute
(CS) for SB 73, work order 33-LS0244\U, as the working document.
CHAIR BJORKMAN objected for purposes of discussion. He asked Ms.
Kakaruk to continue with the summary of changes.
2:30:08 PM
MS. KAKARUK presented the following summary of changes from
version S to version U for SB 73.
Senate Bill 73
Summary of Changes
Version S to Version U
The legislation was amended to include changes
requested by the American Society of Interior
Designers and the American Institute of Architects
Working Group. The Working Group was formed for
collaborative work between interior designers and
architects on Senate Bill 73. During the last Working
Group meeting, the architects and interior designers
came to a consensus agreement on amendments for Senate
Bill 73. Version U of Senate Bill 73 incorporates
these as agreed upon by the Working Group.
All language related to changing the name from the
"State Board of Registration for Architects,
Engineers, and Land Surveyors" (AELS) to the "State
Board of Registration for Design Professionals" were
removed. Senate Bill 73 will no longer change the name
of the board.
Transitional language was added to include a voting
board member seat for an interior designer on the AELS
Board for the period before the legislation's
registration requirement is implemented. The interior
designer board member must be an Alaska resident for
at least 3 years immediately preceding their
appointment, and they must be certified by the
National Council for Interior Design Qualification
(NCIDQ).
The word "registered" was included before "interior
design" and "interior designer" for specificity
throughout the bill, with a few exceptions.
Restrictions that limited the scope of practice of
interior designers were removed for services that do
not change or affect the structural system or the
safety of the building, or that do not affect public
health, safety, or welfare.
New definitions of the practice of registered interior
design were aligned to existing definitions of other
professional design disciplines.
2:31:46 PM
CHAIR BJORKMAN maintained his objection to give members time to
review the committee substitute.
2:32:13 PM
At ease.
2:33:30 PM
CHAIR BJORKMAN reconvened the meeting and opened public
testimony on SB 73.
2:34:04 PM
JESSICA CEDERBERG, President-elect, American Institute of
Architects (AIA) Alaska Chapter, Anchorage, Alaska, testified in
opposition to SB 73. She stated that the 200 members of AIA
Alaska Chapter are joined by AIA National in opposing SB 73 and
its companion bill, HB 159. AIA needs more time to review the
CS.
2:35:41 PM
ELIZABETH JOHNSTON, representing self, Fairbanks, Alaska, gave
testimony on SB 73. She is a member of the AIA board but is
speaking for herself on this bill. She spoke specifically about
the change to AS 08.48.011(b) that adds one interior designer to
the board, but no longer separates the electrical and mechanical
engineering board seats. She expressed her concern that this
would result in an underrepresentation of both mechanical and
electrical engineers.
2:37:36 PM
SENATOR DUNBAR asked if she said that the board member seats
would be reduced by one or two.
MS. JOHNSTON replied that the existing statute, AS 08.48.011(b),
describes an 11-member board that includes one electrical or
mechanical engineer, but it does not have a registered interior
designer. SB 73, version S, initially proposed increasing the
board from 11 to 13 members to include one electrical engineer,
one mechanical engineer, and one registered interior designer.
The board, under the proposed CS version U, would be composed of
12 members, including one electrical or mechanical engineer, and
one interior designer.
SENATOR DUNBAR thanked her for the explanation.
2:39:08 PM
DANA NUNN, representing the American Society of Interior
Designers, Anchorage, Alaska, testified in support of SB 73, as
amended. She spoke to the legislative process, stating this bill
has not been rushed. It began in 2017 and there have been two
bills before this with ample opportunity for collaboration. It
is only recently that the Society has been able to get a
foothold in the collaboration. She expressed excitement about
the legislative advancements.
2:41:22 PM
MATT BARUSCH, Director, Government Affairs, Council for Interior
Design Qualification (CIDQ), Washington, D.C., testified in
support of SB 73. He said that CIDQ administers the three-part
NCIDQ examination which would be the prerequisite exam for
registered interior designers in the state of Alaska. The
council supports this bill because of the legal recognition of
interior designers and design professionals.
2:42:11 PM
CATHERINE FRITZ, Chair, Alaska Board of Registration for
Architects, Engineers, and Land Surveyors (AELS), gave testimony
on SB 73, requesting more time to deliberate on the proposed CS.
She said the board just received the CS and has not had time to
review it. She did a personal scan of the committee substitute
and of the six issues of concern that AELS brought up to the
legislature, and all still exist. She said if granted more time
to allow for public notice as per the Open Meetings Act, she can
schedule a special board meeting to discuss the issues.
2:44:05 PM
RAMONA SCHIMSCHEIMER, representing self, Anchorage, Alaska, gave
testimony on SB 73 as a working architect. She requested that
the committee postpone approving the bill with the new
amendment, as the AIA Working Group has not had enough time to
go through the entire document and discuss each item.
2:45:16 PM
PAUL BARIL, representing self, Anchorage, Alaska, requested time
to review the committee substitute for SB 73. He said he is the
principal architect and owner at Nvision Architecture and an AIA
Working Group member who has been collaborating with the
interior designer's group. He expressed the need for more time
to collaborate with the AIA Working Group and discuss necessary
amendments.
2:46:30 PM
SENATOR DUNBAR asked how much time is needed to review the
committee substitute.
MR. BARIL replied one to two weeks is needed.
2:47:55 PM
RYAN MORSE, representing the AIA Alaska component of the Working
Group, Fairbanks, Alaska, testified in opposition to SB 73 as it
is currently written. He qualified his testimony by stating that
he was the past president of the AIA Alaska Chapter and a
current strategic council member of the AIA National Chapter
representing Alaska and the Mariana Islands. Both the chapter
locally and the organization as a whole represent over 90,000
architects and they oppose this bill as currently written. He
pointed out that the introduction and reading of amendments was
not accurate. In Section 28, the definition did not change from
the prior version as it was not updated to match the board-
approved amendment. This was one of many examples of the
discrepancies. He warned against rushing the process of passing
this legislation. Progress has been made, but more time is
needed to craft this bill.
2:51:43 PM
CHAIR BJORKMAN asked how long interior designers and their group
have been in talks with AIA Alaska.
MR. MORSE replied that it has been going on for some years in
Alaska, and this is not the first legislative cycle where bills
like this were introduced. He has been involved in the process
since 2020 to craft a mutually agreeable bill.
2:53:03 PM
SENATOR DUNBAR asked whether AIA or other affiliates in other
states have come to a mutual agreement with interior designers.
MR. MORSE replied absolutely yes. He said that North Carolina,
Wisconsin, and Illinois are three examples that the AIA Working
Group reviewed that have passed bills that resulted from AIA
groups and interior designers working in collaboration. These
bills have commonalities that help set a standard, but this bill
is not at that point. Once it is there, he wants to go back to
his group and get approval. He wants to steer this bill to get
those results.
2:55:02 PM
CHAIR BJORKMAN kept public testimony open and held SB 73 in
committee.
2:55:16 PM
There being no further business to come before the committee,
Chair Bjorkman adjourned the Senate Labor and Commerce Standing
Committee meeting at 2:55 p.m.