Legislature(2021 - 2022)BARNES 124
02/14/2022 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| HB295 | |
| SB11 | |
| HB289 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 295 | TELECONFERENCED | |
| += | SB 11 | TELECONFERENCED | |
| += | HB 289 | TELECONFERENCED | |
| += | HB 276 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
February 14, 2022
3:17 p.m.
MEMBERS PRESENT
Representative Zack Fields, Co-Chair
Representative Ivy Spohnholz, Co-Chair
Representative Calvin Schrage
Representative Liz Snyder
Representative David Nelson
Representative James Kaufman
Representative Ken McCarty
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 295
"An Act relating to the practice of dentistry; relating to
dental radiological equipment; and providing for an effective
date."
- MOVED HB 295 OUT OF COMMITTEE
SENATE BILL NO. 11
"An Act relating to community property and to community property
trusts; and providing for an effective date."
- MOVED CSSB 11(JUD) OUT OF COMMITTEE
HOUSE BILL NO. 289
"An Act establishing the Alaska marijuana industry task force;
and providing for an effective date."
- MOVED CSHB 289(L&C) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 295
SHORT TITLE: DENTIST SPEC. LICENSE/RADIOLOGIC EQUIP
SPONSOR(S): ORTIZ
1/31/2022 (H) READ THE FIRST TIME REFERRALS
1/31/2022 (H) L&C, HSS, FIN
2/9/2022 (H) LABOR & COMMERCE at 04:30 PM BARNES 124
2/9/2022 (H) Heard & Held Please Note Time Change
2/9/2022 (H) Minutes (HL&C)
2/14/2022 (H) LABOR & COMMERCE at 04:30 PM BARNES 124
BILL: SB 11
SHORT TITLE: COMMUNITY PROPERTY TRUSTS
SPONSOR(S): SENATOR BEGICH
1/22/2021 (S) PREFILE RELEASED 1/8/21
1/22/2021 (S) READ THE FIRST TIME REFERRALS
1/22/2021 (S) L&C, JUD
3/10/2021 (S) LABOR & COMMERCE at 01:30 PM BELTZ 105
(TSBldg)
3/10/2021 (S) Testimony <Invitation Only> -- MEETING
CANCELED
3/12/2021 (S) LABOR & COMMERCE at 01:30 PM BELTZ 105
(TSBldg)
3/12/2021 (S) Heard & Held
3/12/2021 (S) Minutes (SL&C)
3/19/2021 (S) LABOR & COMMERCE at 01:30 PM BELTZ 105
(TSBldg)
3/19/2021 (S) Moved SB 11 Out of Committee
3/19/2021 (S) Minutes (SL&C)
3/22/2021 (S) L&C RPT 4DP
3/22/2021 (S) DP: COSTELLO, GRAY-JACKSON, STEVENS,
HOLLAND
3/22/2021 (S) FN1: ZERO(AJS)
5/5/2021 (S) JUDICIARY at 01:30 PM BUTROVICH 205
5/5/2021 (S) Heard & Held
5/5/2021 (S) Minutes (SJUD)
5/10/2021 (S) JUDICIARY at 01:30 PM BUTROVICH 205
5/10/2021 (S) Moved CSSB 11(JUD) Out of Committee
5/10/2021 (S) Minutes (SJUD)
5/11/2021 (S) JUD RPT CS 3DP 2NR SAME TITLE
5/11/2021 (S) DP: HOLLAND, HUGHES, KIEHL
5/11/2021 (S) NR: MYERS, SHOWER
5/11/2021 (S) FN1: ZERO(AJS)
5/14/2021 (S) RULES TO CALENDAR 5/14/2021
5/14/2021 (S) READ THE SECOND TIME
5/14/2021 (S) JUD CS ADOPTED UC
5/14/2021 (S) ADVANCED TO THIRD READING 5/15 CALENDAR
5/15/2021 (S) 5/15 SESSION XLD ADVANCED TO 3RD READING
5/17 CAL
5/17/2021 (S) READ THE THIRD TIME CSSB 11(JUD)
5/17/2021 (S) PASSED Y19 N- E1
5/17/2021 (S) EFFECTIVE DATES SAME AS PASSAGE
5/17/2021 (S) TRANSMITTED TO (H)
5/17/2021 (S) VERSION: CSSB 11(JUD)
5/18/2021 (H) READ THE FIRST TIME - REFERRALS
5/18/2021 (H) L&C, JUD
2/2/2022 (H) LABOR & COMMERCE at 05:15 PM BARNES 124
2/2/2022 (H) Heard & Held - Please Note Time Change --
2/2/2022 (H) Minutes (HL&C)
2/14/2022 (H) LABOR & COMMERCE at 03:15 PM BARNES
BILL: HB 289
SHORT TITLE: AK MARIJUANA INDUSTRY TASK FORCE
SPONSOR(S): REPRESENTATIVES HOPKINS, Rasmussen
1/26/2022 (H) READ THE FIRST TIME REFERRALS
1/26/2022 (H) L&C, FIN
2/9/2022 (H) LABOR & COMMERCE at 04:30 PM BARNES 124
2/9/2022 (H) Minutes(HL&C)
2/14/2022 (H) LABOR & COMMERCE at 04:30 PM BARNES 124
WITNESS REGISTER
DAVID LOGAN, DDS, Executive Director
Alaska Dental Society
Juneau, Alaska
POSITION STATEMENT: During the hearing on HB 295, answered
questions.
SARA CHAMBERS, Director
Division of Corporations, Business, and Professional Licensing
Department of Commerce, Community, and Economic Development
(DCCED)
Juneau, Alaska
POSITION STATEMENT: During the hearing on HB 295, answered
questions.
JAYME PARKER, MD, Chief
Alaska State Public Health Laboratory Fairbanks
Division of Public Health
Department of Health and Social Services (DHSS)
Fairbanks, Alaska
POSITION STATEMENT: During the hearing on HB 295, answered
questions.
SENATOR TOM BEGICH
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As the prime sponsor of SB 11, thanked the
committee for taking public testimony on the bill.
BELINDA "DOLLY" PHELPS
Kenai, Alaska
POSITION STATEMENT: Testified in support of HB 289 and
suggested a language change.
RYAN TUNSETH, Owner
East Rip
Kenai, Alaska
POSITION STATEMENT: Testified in support of HB 289.
JOE HARDENBROOK, Staff
Representative Grier Hopkins
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: During the hearing on HB 289, answered
questions on behalf of Representative Hopkins, prime sponsor.
ACTION NARRATIVE
3:17:28 PM
CO-CHAIR ZACK FIELDS called the House Labor and Commerce
Standing Committee meeting to order at 3:17 p.m.
Representatives Kaufman, Schrage, McCarty, Snyder, Nelson,
Spohnholz, and Fields were present at the call to order.
HB 295-DENTIST SPEC. LICENSE/RADIOLOGIC EQUIP
3:17:57 PM
CO-CHAIR FIELDS announced that the first order of business would
be HOUSE BILL NO. 295, "An Act relating to the practice of
dentistry; relating to dental radiological equipment; and
providing for an effective date."
3:18:09 PM
CO-CHAIR FIELDS opened public testimony on HB 295, then closed
it after ascertaining that no one wished to testify.
3:18:59 PM
REPRESENTATIVE MCCARTY, in relation to the fiscal note, inquired
about the number of dentists currently under the direction of
the Board of Dental Examiners.
3:19:21 PM
DAVID LOGAN, DDS, Executive Director, Alaska Dental Society,
replied that there are about 550 dentists.
REPRESENTATIVE MCCARTY asked how many of those dentists are
specialists that could fit under this new proposal.
DR. LOGAN responded that it is about 120-150.
REPRESENTATIVE MCCARTY observed that [the analysis sections in
fiscal notes HB295-DCCED-CBPL-02-04-22 and HB295-DOH-LABS-2-4-
2022] state that the responsibility for inspecting dental
radiological equipment would be moved [from the Board of Dental
Examiners in the Department of Commerce, Community, and Economic
Development (DCCED)] to the [Division of Public Health] in the
Department of Health and Social Services (DHSS). He asked why a
large chunk of funds is still requested for DCCED personnel.
3:21:17 PM
SARA CHAMBERS, Director, Division of Corporations, Business, and
Professional Licensing, Department of Commerce, Community, and
Economic Development (DCCED), spoke to the fiscal note from
DCCED. She answered that the legislature would be moving
responsibility to DHSS for a program [within DCCED] that exists
in statute but does not exist in practicality. There is no
effort, staff time, nor expenditure on this program, she
continued, so no staff time is being freed up for this program.
The specialty license portion of the bill would add licensure
for about 150 people at any number of specialties that could
exist. The additional new licenses, complexity, and volume
could not be managed by the one person in DCCED who manages the
Board of Dental Examiners.
REPRESENTATIVE MCCARTY recalled previous statements [during the
bill's 2/9/22 hearing] that the dentists would be paying for an
examiner to come inspect their equipment. He therefore inquired
about the projection of zero revenue on the DHSS fiscal note.
3:23:13 PM
JAYME PARKER, MD, Chief, Alaska State Public Health Laboratory
Fairbanks, Division of Public Health, Department of Health and
Social Services (DHSS), replied that during the initial year the
lab would need implementation time to get its house in order and
to hire another Radiological Health [Physicist] 1 plus some
administrative help. Recruiting and hiring someone in that
position will take about four months, she explained, so the
general funds request is reduced [for fiscal year 2023]. In the
following fiscal years, the "I/A Receipts" line is coming from
DCCED and represents the fees that would be charged for the
number of devices to be registered.
REPRESENTATIVE MCCARTY asked why no revenue is projected for
fiscal years 2026, 2027, and 2028 if equipment is going to be
examined during those years.
DR. PARKER replied that the I/A Receipts line of 224.2 would be
the total fees collected that would support those two positions
and the resources they would need to complete that job.
3:24:54 PM
The committee took an at-ease from 3:24 p.m. to 3:25 pm.
3:25:58 PM
CO-CHAIR FIELDS noted that the question had been resolved and
that no amendments were received for the bill.
3:26:10 PM
CO-CHAIR SPOHNHOLZ moved to report HB 295 out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, HB 295 was reported from the House
Labor and Commerce Standing Committee.
SB 11-COMMUNITY PROPERTY TRUSTS
3:26:41 PM
CO-CHAIR FIELDS announced that the next order of business would
be COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 11(JUD), "An Act
relating to community property and to community property trusts;
and providing for an effective date."
3:26:45 PM
SENATOR TOM BEGICH, Alaska State Legislature, as the prime
sponsor of SB 11, thanked the committee for taking public
testimony during the bill's previous hearing [on 02/02/22].
3:26:56 PM
The committee took a brief at-ease.
3:27:02 PM
CO-CHAIR FIELDS re-opened public testimony on CSSB 11(JUD), then
closed public testimony after ascertaining no one wished to
testify.
CO-CHAIR FIELDS noted that no amendments to CSSB 11(JUD) had
been received.
3:27:30 PM
CO-CHAIR SPOHNHOLZ moved to report CSSB 11(JUD) out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection CSSB 11(JUD) was reported from
the House Labor and Commerce Standing Committee.
3:27:54 PM
CO-CHAIR FIELDS recessed the committee meeting to a call of the
chair.
4:50:18 PM
CO-CHAIR FIELDS called the House Labor and Commerce Standing
Committee meeting back to order at 4:50 p.m. Representatives
Kaufman, Schrage, McCarty, Snyder, Nelson, Spohnholz, and Fields
were present at the call back to order.
HB 289-AK MARIJUANA INDUSTRY TASK FORCE
4:50:22 PM
CO-CHAIR FIELDS announced that the final order of business would
be HOUSE BILL NO. 289, "An Act establishing the Alaska marijuana
industry task force; and providing for an effective date."
4:50:30 PM
CO-CHAIR FIELDS opened public testimony on HB 289.
4:50:40 PM
BELINDA "DOLLY" PHELPS, stated she is a licensed [marijuana]
cultivator. She said she supports the introduction of HB 289
because the need for a state legislative marijuana task force is
long overdue and such a workgroup will offer solid
recommendations for change in the marijuana industry, especially
concerning the crippling tax structure that is being
experienced. She expressed her support of the hard work done by
the Alaska Marijuana Industry Association (AMIA) to get the bill
heard.
MS. PHELPS drew attention to Section [1(b)(6)] of the bill which
states that the AMIA shall choose three industry members for the
board, two of which must be AMIA members. She stated that this
is highly inappropriate because all licensees should have an
equal opportunity to participate on a state legislative task
force. Task force members, she continued, should be chosen
fairly and equally among the industries they represent based on
merit, not affiliation or membership with any certain club or
group. She said the members of the Marijuana Control Board
should choose the three industry representatives as this board
is by far the most qualified to do so. She suggested that the
language in Section [1(b)(6)] be changed to read, "three members
representing cultivation, manufacturing, and retail cannabis
businesses appointed by the Marijuana Control Board members, and
each of whom resides in a different judicial district".
4:52:23 PM
REPRESENTATIVE MCCARTY inquired about the number of marijuana
associations existing in Alaska.
MS. PHELPS replied that there's one association, but she doesn't
know the number of members. However, she added, when talking
about a state marijuana task force to deal with the state's
marijuana industry, everyone in the industry should have the
opportunity for their voices to be heard without having to be a
member of a certain group or club.
REPRESENTATIVE MCCARTY asked whether Ms. Phelps has a suggestion
for what the three "zones" would look like.
MS. PHELPS responded that the Marijuana Control Board is by far
the most qualified to choose from industry members around the
state who have put their names in the hat. She pointed out that
the Marijuana Control Board has firsthand information on an
industry member's merit related to comprehension of the industry
and whether the industry member has been operating several years
with no violations, payment of taxes on time, and no unpaid
taxes, thereby making them a good candidate for the task force.
4:54:16 PM
RYAN TUNSETH, Owner, East Rip, testified in support of HB 289.
He noted that East Rip is a marijuana [dispensary] business and
stated that taxation is the most divisive issue within the
industry as well as the most division issue that the [Marijuana
Control Board] must deal with. The tax is very broad in its
applicability and can potentially shape the landscape that the
industry will be in should federal legalization happen. There
has now been enough run time to do this technical deep dive.
While it is unknown what the exact answers are, it is known that
it's a problem and barriers have been run into with some of the
technical professionals and access to data through the
Department of Revenue. So, this really seems like a ripe-for-
discussion issue and very wise to support.
4:55:39 PM
CO-CHAIR FIELDS closed public testimony after ascertaining that
no one else wished to testify.
4:55:53 PM
REPRESENTATIVE NELSON moved to adopt Amendment 1, labeled 32-
LS1317\B.1, Radford, 2/12/22, which read:
Page 2, line 30:
Delete "and travel expenses"
Page 3, line 1, following "meet":
Insert "by telephone or other means of
communication that ensures all members participating
can hear each other during the meeting"
Page 3, following line 5:
Insert a new subsection to read:
"(f) A meeting of the task force may not take
place in person."
Reletter the following subsections accordingly.
4:55:56 PM
CO-CHAIR FIELDS objected for purpose of discussion.
4:55:59 PM
REPRESENTATIVE NELSON explained that, after conversing with the
bill's sponsor, Amendment 1 would move the task force's meetings
from in-person to online. It was heard in public testimony that
meetings are already occurring online, he continued, so the
$100,000 in travel cost in the fiscal note could be better used
somewhere else.
CO-CHAIR FIELDS invited the bill sponsor to comment.
4:56:36 PM
JOE HARDENBROOK, Staff, Representative Grier Hopkins, Alaska
State Legislature, replied that the sponsor has reviewed
Amendment 1 and based on conversations with Mr. Glen Klinkhart,
director of the Alcohol and Marijuana Control Office (AMCO) in
the Department of Commerce, Community, and Economic Development
(DCCED), it seems that this would not be a huge liability for
the task force moving forward.
4:57:11 PM
CO-CHAIR FIELDS removed his objection to the amendment. There
being no further objection, Amendment 1 was adopted.
4:57:22 PM
CO-CHAIR SPOHNHOLZ moved to adopt Conceptional Amendment [2],
which read as follows [original punctuation provided]:
Page 2, line 10
Following "following"
Delete "12"
Add "13"
Page 2, line 24
Following "senate"
Delete "and"
Page 2, line 26
Following "representatives"
Delete "."
Insert "; and (9) a public health professional
appointed by the governor."
4:57:24 PM
CO-CHAIR FIELDS objected for discussion purposes.
4:57:26 PM
CO-CHAIR SPOHNHOLZ explained that Conceptual Amendment [2] would
add to the marijuana industry task force a public health
professional appointed by the governor. This is similar to the
Marijuana Control Board that already has a public health member,
she noted. Since the committee has just eliminated travel, this
proposal would not add any fiscal note to the bill. She said it
is important that a public health member be a part of the
conversations as changes in policy are considered, given the
implications of marijuana use on public health.
CO-CHAIR FIELDS invited the bill sponsor to comment.
MR. HARDENBROOK responded that he doesn't know the sponsor's
opinion on Conceptual Amendment [2].
4:58:20 PM
REPRESENTATIVE NELSON said he understands the reason for a
public health professional on the Marijuana Control Board but
asked what the purpose would be of having a public health
professional on a marijuana industry task force that is supposed
to be looking at taxes.
CO-CHAIR SPOHNHOLZ answered that, without a public health
professional, there would be a lack of expertise in considering
the way that taxation impacts consumption. A public health
member would not be an opponent necessarily of the marijuana
industry, she continued, but it is known that there is a
correlation and sometimes causation between taxes and
consumption, so it is an important viewpoint to have expressed
on the [task force]. It would be one member out of thirteen and
would bring important expertise as the [task force] makes
recommendations to the full board.
4:59:38 PM
CO-CHAIR FIELDS removed his objection to Conceptual Amendment
[2].
REPRESENTATIVE SCHRAGE objected to Conceptual Amendment [2].
4:59:51 PM
A roll call vote was taken. Representatives Snyder, Fields,
Spohnholz, and McCarty voted in favor of Conceptual Amendment
[2]. Representatives Schrage, Nelson, and Kaufman voted against
it. Therefore, Conceptual Amendment [2] was adopted by a vote
of 4-3.
5:00:46 PM
REPRESENTATIVE MCCARTY related that several people involved in
the cannabis industry in his district have voiced concern about
who is the [AMIA]. He said it's an interesting point in the
public comment of having assured zones [judicial districts] for
these people coming from the association. He said he has asked
people in his district about how many associations exist and it
is still a question out there and whether there needs to be
zones [judicial districts].
CO-CHAIR FIELDS commented that he heard those concerns too and
wondered if someone would do an amendment. He said his personal
view is that it's beneficial for the industry to self-organize
and take the time to represent itself through an organization,
so he is comfortable with that construct and moving the bill
forward as it is. If members of the committee are comfortable
with moving the bill forward, he continued, it can be seen how
it is treated in the House Finance Committee, but if members
want to change the construct the bill can be held to do that.
5:02:36 PM
MR. HARDENBROOK addressed Representative McCarty's concern. He
said the bill as written anticipates that there would be three
members of the marijuana industry appointed to serve on the task
force, two of which would be members of the Alaska Marijuana
Industry Association (AMIA). He explained that AMIA is similar
to the Alaska Cabaret, Hotel, Restaurant and Retailers
Association (Alaska CHARR), a statewide membership organization
for businesses that sell alcohol. Like CHARR, AMIA does not
represent all members of the industry, but it is the existing
statewide organization. As well, he continued, the bill as
written requires that one of the folks appointed by AMIA be a
non-member of AMIA. Additionally, those three appointees must
come from separate Alaska judicial districts, a requirement for
geographic diversity in representation.
REPRESENTATIVE MCCARTY drew attention to page 2 of the bill,
lines 20-23, and noted that several people with whom he spoke
didn't know who the Alaska Marijuana Industry Association is and
were concerned that it was a select area of the state rather
than representing all the state. He explained he was wanting
assurance that the provision to reside in different judicial
districts is indeed the case.
5:05:17 PM
CO-CHAIR SPOHNHOLZ moved to report HB 289, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. She further moved that the Alaska Legislative
Legal Services be able to make conforming and technical changes
as needed. There being no objection, CSHB 289(L&C) was reported
from the House Labor and Commerce Standing Committee.
5:05:55 PM
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
5:05 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 295 Follow-Up Information from CBPL 2.11.22.pdf |
HHSS 3/31/2022 3:00:00 PM HL&C 2/14/2022 3:15:00 PM |
HB 295 |
| HB 289 Letter of Support - GOOD Cannabis 2.14.22.pdf |
HL&C 2/14/2022 3:15:00 PM |
HB 289 |
| HB 289 Amendment #1 - Nelson 2.14.22.pdf |
HL&C 2/14/2022 3:15:00 PM |
HB 289 |
| HB 289 Conceptual Amendment 1.pdf |
HL&C 2/14/2022 3:15:00 PM |
HB 289 |