03/13/2014 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB166 | |
| SB167 | |
| SB156 | |
| SB190 | |
| SB140 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 99 | TELECONFERENCED | |
| += | SB 166 | TELECONFERENCED | |
| += | SB 167 | TELECONFERENCED | |
| += | SB 140 | TELECONFERENCED | |
| += | SB 190 | TELECONFERENCED | |
| += | SB 156 | TELECONFERENCED | |
| += | SB 193 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
March 13, 2014
1:34 p.m.
MEMBERS PRESENT
Senator Mike Dunleavy, Chair
Senator Peter Micciche, Vice Chair
Senator Donald Olson
Senator Bert Stedman
Senator Johnny Ellis
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 166
"An Act relating to nursing and to the Board of Nursing."
- MOVED CSSB 166(L&C) OUT OF COMMITTEE
SENATE BILL NO. 167
"An Act relating to the maximum amount of uninsured and
underinsured coverage payable under multiple motor vehicle
insurance policies issued by the same insurer in the same
household."
- MOVED SB 167 OUT OF COMMITTEE
SENATE BILL NO. 156
"An Act relating to direct-entry midwives."
- HEARD & HELD
SENATE BILL NO. 190
"An Act permitting a guide-outfitter to delegate certain guide
services to a person who is not licensed by the Big Game
Commercial Services Board."
- HEARD & HELD
SENATE BILL NO. 140
"An Act creating the Arctic infrastructure development program
and fund in the Alaska Industrial Development and Export
Authority."
- MOVED CSSB 140(L&C) OUT OF COMMITTEE
SENATE BILL NO. 99
"An Act correcting a reference to the Alaska Industrial
Development and Export Authority revolving fund; limiting the
use of the Alaska Industrial Development and Export Authority
sustainable energy transmission and supply development fund for
certain loans and loan guarantees and allowing the development
fund to be used as security for a bond guarantee; and amending
the definition of 'qualified energy development.'"
- SCHEDULED BUT NOT HEARD
SENATE BILL NO. 193
"An Act relating to bonds required for contractors."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: SB 166
SHORT TITLE: BOARD OF NURSING; NURSES
SPONSOR(s): SENATOR(s) GIESSEL BY REQUEST
02/07/14 (S) READ THE FIRST TIME - REFERRALS
02/07/14 (S) L&C
03/04/14 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
03/04/14 (S) Heard & Held
03/04/14 (S) MINUTE(L&C)
03/13/14 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 167
SHORT TITLE: MULTIPLE VEHICLE INSURANCE POLICIES
SPONSOR(s): SENATOR(s) HUGGINS BY REQUEST
02/10/14 (S) READ THE FIRST TIME - REFERRALS
02/10/14 (S) L&C
03/04/14 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
03/04/14 (S) Heard & Held
03/04/14 (S) MINUTE(L&C)
03/13/14 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 156
SHORT TITLE: DIRECT-ENTRY MIDWIVES
SPONSOR(s): SENATOR(s) KELLY
02/05/14 (S) READ THE FIRST TIME - REFERRALS
02/05/14 (S) L&C
03/11/14 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
03/11/14 (S) -- MEETING CANCELED --
03/13/14 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 190
SHORT TITLE: DELEGATION OF GUIDE-OUTFITTER DUTIES
SPONSOR(s): SENATOR(s) HUGGINS
02/21/14 (S) READ THE FIRST TIME - REFERRALS
02/21/14 (S) L&C
03/11/14 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
03/11/14 (S) -- MEETING CANCELED --
03/13/14 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 140
SHORT TITLE: AIDEA: ARCTIC DEVELOPMENT PROGRAM/FUND
SPONSOR(s): SENATOR(s) MCGUIRE
01/27/14 (S) READ THE FIRST TIME - REFERRALS
01/27/14 (S) L&C, FIN
02/18/14 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/18/14 (S) Heard & Held
02/18/14 (S) MINUTE(L&C)
02/25/14 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/25/14 (S) -- MEETING CANCELED --
02/27/14 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/27/14 (S) -- MEETING CANCELED --
03/11/14 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
03/11/14 (S) -- MEETING CANCELED --
03/13/14 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
SENATOR CATHY GIESSEL
Alaska State Legislature
Juneau, Alaska,
POSITION STATEMENT: Sponsor of SB 166.
JANE CONWAY, Staff
Senator Cathy Giessel
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided information on SB 166 on behalf of
the sponsor.
PATRICIA SENNER, Professional Practice Director
Alaska Nurses Association (ANA)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 166.
JANA SHOCKMAN, President
Alaska Nurses Association (ANA)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 166.
DON HABEGER, Director
Division of Corporations, Business and Licensing
Department of Commerce, Community and Economic Development
Juneau, Alaska
POSITION STATEMENT: Answered questions related to SB 166.
ASHTON COMPTON, Staff
Senator Charlie Huggins
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided information on SB 167 on behalf of
the sponsor.
HEATHER SHADDUCK, Staff
Senator Pete Kelly
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SB 156 on behalf of the sponsor.
SUSAN TERWILLIGER, President
Midwives Association of Alaska
Eagle River, Alaska
POSITION STATEMENT: Testified in support of SB 156.
CHERYL CORRICK, Chair
Board of Certified Direct-entry Midwives
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 167.
DANA BROWN, Director
Alaska Family Health and Birth Center
Fairbanks, Alaska
POSITION STATEMENT: Stated support for SB 156.
JENNITH LUCAS, representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 156.
SASKIA ESSLINGER, representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 156.
SARA CHAMBERS, Administrative Operations Manager
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community and Economic Development
Juneau, Alaska
POSITION STATEMENT: Answered questions related to SB 156.
JUDY DAVIDSON, CDM
MatSu Midwifery and Family Health
Wasilla, Alaska
POSITION STATEMENT: Testified in support of SB 156.
KAY KANNE, CDM
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 156.
MADISON NOLAN, CDM
Juneau, Alaska,
POSITION STATEMENT: Testified in support of SB 156.
GARY ZEPP, Staff
Senator Charlie Huggins
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Reviewed the changes in the CS for SB 190,
Version U.
CABOT PITTS, representing himself
Wasilla, Alaska
POSITION STATEMENT: Testified in support of SB 190.
JOE KLUTSCH, representing himself
King Salmon, Alaska
POSITION STATEMENT: Testified in support of SB 190.
KELLY VREM Chair
Big Game Commercial Services Board
Sutton, Alaska
POSITION STATEMENT: Testified in support of SB 190.
JOE WANT, representing himself
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of the concept of SB
190, but questioned the language in subsection (b)
SENATOR LESIL MCGUIRE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 140.
JESSE LOGAN, Staff
Senator Lesil McGuire
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Reviewed the changes in the CS for SB 140.
MARK DAVIS, Deputy Director
Alaska Industrial Development & Export Authority (AIDEA)
Anchorage, Alaska
POSITION STATEMENT: Provided supporting statements for SB 140.
RON LONG
City of Seward
Seward, Alaska
POSITION STATEMENT: Testified in support of SB 140.
ACTION NARRATIVE
1:34:20 PM
CHAIR MIKE DUNLEAVY called the Senate Labor and Commerce
Standing Committee meeting to order at 1:34 p.m. Present at the
call to order were Senators Stedman, Ellis, Olson, and Chair
Dunleavy.
SB 166-BOARD OF NURSING; NURSES
1:35:09 PM
CHAIR DUNLEAVY announced the consideration of SB 166. "An Act
relating to nursing and to the Board of Nursing." This was the
second hearing and Version Y was before the committee.
1:35:16 PM
SENATOR CATHY GIESSEL, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 166, introduced herself.
1:35:37 PM
JANE CONWAY, Staff, Senator Cathy Giessel, sponsor of SB 166,
reminded the committee that version Y was adopted during the
first hearing and that the bill incorporates changes that have
been brought to the Board of Nursing for the last 10 years. It
updates the statute to keep current with modern technology and
best practices. She mentioned the individuals who were available
to answer questions.
SENATOR ELLIS asked to hear from Ms. Senner about of the nursing
profession's perspective on the bill.
1:37:31 PM
PATRICIA SENNER, Professional Practice Director, Alaska Nurses
Association (ANA), stated that the ANA commented on an early
draft of SB 166 at a Board of Nursing meeting and they support
the current version.
1:38:24 PM
JANA SHOCKMAN, President, Alaska Nurses Association (ANA),
Anchorage, Alaska, affirmed that the ANA supports SB 166 as
written. She offered to answer questions.
1:38:57 PM
BETH FARNSTROM, Chair, Alaska State Board of Nursing, offered to
answer questions related to SB 166.
1:39:41 PM
DON HABEGER, Director, Division of Corporations, Business and
Licensing, Department of Commerce, Community and Economic
Development (DCCED), introduced himself.
SENATOR OLSON asked if he had reconsidered his position
[opposing] the requirement for the executive administer of the
Alaska State Board of Nursing to hold a master's degree in
nursing at a minimum.
MR. HABEGER replied he still believes the division would have
more flexibility to recruit and hire if a master's degree in
nursing wasn't a requirement in statute. He maintained that a
person with a master's degree in nursing home administration
could administer a nursing program just as well as someone with
a master's degree in nursing.
SENATOR OLSON asked how many actions have been taken against a
license in the last two years.
MR. HABEGER recalled that there were about 250 licensure actions
in FY13. Responding to a further question, he clarified that
these were either consent agreements or board revocations.
SENATOR OLSON asked if the level of education was an issue.
MR. HABEGER replied he recognizes that some expertise is
required to execute the level of review that's expected of the
executive administrator, but he agrees with current statute that
recognizes that a registered nurse (RN) license is sufficient.
CHAIR DUNLEAVY opened and closed public testimony. Finding no
further questions or comments, he asked the will of the
committee.
1:43:28 PM
SENATOR MICCICHE moved to report SB 166, Version Y, from
committee with individual recommendations and attached fiscal
note(s).
CHAIR DUNLEAVY announced that without objection, CSSB 166(L&C)
moved from the Senate Labor and Commerce Standing Committee.
1:44:04 PM
At ease
SB 167-MULTIPLE VEHICLE INSURANCE POLICIES
1:45:33 PM
CHAIR DUNLEAVY reconvened the meeting and announced the
consideration of SB 167. "An Act relating to the maximum amount
of uninsured and underinsured coverage payable under multiple
motor vehicle insurance policies issued by the same insurer in
the same household." He noted that this was the second hearing.
1:45:48 PM
ASHTON COMPTON, Staff, Senator Charlie Huggins, stated that SB
167 closes a loophole in the insurance statute that allows
stacking on some uninsured and underinsured motor vehicle
insurance policies. The bill makes a few changes to resolve this
inconsistency that unnecessarily forces consumers to purchase
insurance that they don't want or need.
1:47:02 PM
MARTIN HESTER, Deputy Director, Division of Insurance,
Department of Commerce, Community and Economic Development
(DCCED), introduced himself.
CHAIR DUNLEAVY found no public testimony and closed it. Finding
no questions or comments, he solicited a motion.
1:47:29 PM
SENATOR MICCICHE moved to report SB 167, Version A, from
committee with individual recommendations and attached fiscal
note(s).
CHAIR DUNLEAVY announced that without objection, SB 167 moved
from the Senate Labor and Commerce Standing Committee.
1:48:07 PM
At ease
SB 156-DIRECT-ENTRY MIDWIVES
1:49:08 PM
CHAIR DUNLEAVY reconvened the meeting and announced the
consideration of SB 156. "An Act relating to direct-entry
midwives." He noted that this was the first hearing.
1:49:27 PM
HEATHER SHADDUCK, Staff, Senator Pete Kelly, introduced SB 156
on behalf of the sponsor speaking to the following sponsor
statement:
SB 156 will update and streamline the Certified
Direct-entry Midwife ("CDM") practice act. The initial
law was enacted in 1992, prior to establishing a
functioning Board of Certified Direct-entry Midwives.
Due to the lack of a professional board to set ongoing
regulations at the time, a detailed set of practices
were placed in Alaska Statue. The Board has tried to
establish and develop a comprehensive regulatory
framework through practice regulations and guidelines
crafted to ensure public safety and professional
discipline. However, the outdated statute cements
certain obsolete practice requirements in place, and
can only be updated by an act of the legislature.
SB 156 will neither lessen the regulatory governance
of CDMs, nor will it expand their scope of practice.
Rather, the bill clarifies regulatory intent and
defines CDM scope of practice. SB 156 would give the
board greater flexibility and efficiency by placing
CDM required practices into regulation rather than
statute. This enables the Board to oversee the
profession more effectively and incorporate current
nationally-recognized best practices. This type of
authority is granted to most professional boards in
order to develop and maintain professional practice
standards.
The proposed changes in the bill will also ensure
greater public safety in the field of midwifery. SB
156 requires a CDM to be licensed arid practicing for
two years and attend 50 or more births as a primary or
assistant midwife in order to supervise an apprentice
direct-entry midwife. Well-baby care will also be
covered under the scope of CDM practice for up to 4
weeks after birth, which ensures the delivering
midwife can properly follow up with both mother and
baby. SB 156 repeals the cultural midwives exemption,
requiring all CDMs in the state to be licensed and
under the disciplinary regulation of the Board of
CDMs. Currently, an individual whose cultural
traditions have included, for at least two
generations, the attendance of midwives at birth, and
has assisted in at least 10 births does not fall under
regulation of the board. The health and safety of all
mothers and babies using midwifery services will be
improved by holding all certified direct-entry
midwives to a higher level of training and care.
1:54:06 PM
SENATOR OLSON asked what the current requirement is to become a
certified direct-entry midwife.
MS. SHADDUCK clarified that the bill requires a CDM to be
licensed and to practice for two years and to attend 50 births
as a primary or assistant midwife to qualify to supervise an
apprentice direct-entry midwife. She deferred to Cheryl Corrick
to discuss the licensing requirements.
SENATOR OLSON asked how many midwives practicing in rural Alaska
would be affected by the bill.
MS. SHADDUCK said she didn't have a number but her understanding
was that the board brought the provision forward because it
hasn't been used as intended.
SENATOR OLSON asked how many rural midwives would be affected.
MS. SHADDUCK said she didn't have a number but it would be very
small.
SENATOR OLSON asked if there were complaints that prompted this
legislation.
MS. SHADDUCK deferred the question to the representative from
the Board of Certified Direct-entry Midwives.
1:56:31 PM
SUSAN TERWILLIGER, CDM and President, Midwives Association of
Alaska (MAA), Eagle River, Alaska, stated support for SB 167.
Addressing an earlier question, she clarified that the 50 birth
requirement only applies to midwives who seek to be preceptors.
The number 50 applies to qualifying as a teacher, not
certification to be a CDM.
She said that Alaska has a fairly good midwifery law, but it
needs updating for public safety and to keep current with the
latest childbirth information and studies. Many Alaskan women
seek midwifery care as an option for their pregnancy care and
birth and they expect the licensing laws to reflect best
practices, she said. Moving the practice requirements that are
currently in statute into regulation will make it easier for the
board to make additions and updates. The bill also adds to the
definition of midwifery that the well-baby care is given up to
four weeks and that apprentices are supervised. She said that
midwives have been doing this for years but it isn't in statute.
She opined that passing the bill gives Alaska the opportunity to
be a leader in the nation.
1:59:12 PM
SENATOR OLSON asked how many births a CDM needs to be eligible
for a license.
MS. TERWILLIGER said she didn't know because she received her
Alaska license nine years ago through a reciprocity agreement
with Texas that only required passing an examination.
SENATOR OLSON asked how many births she'd attended.
MS. TERWILLIGER replied she's attended about 750 births.
SENATOR OLSON asked if complaints prompted the legislation.
MS. TERWILLIGER answered no; it was prompted by years of
frustration at not being able to update for best practices.
SENATOR OLSON commented that births have occurred since Cain and
Able and he questioned the sudden need to attend 50 births
before someone can become a preceptor.
MS. TERWILLIGER explained that both the board and the MAA
membership agreed that it was in the profession's best interest
to add to the requirement. It's a matter of professionalism, she
said.
SENATOR OLSON maintained that this would put midwives practicing
in rural areas at a disadvantage.
MS. TERWILLIGER responded that the bill is about the ability to
teach other midwives, not practice midwifery.
SENATOR OLSON said teaching needs to take place in rural areas,
too, and he was reluctant to prohibit someone from being a
preceptor just because they haven't acted as a primary or
assistant midwife at 50 births. He again stressed that it puts
rural sites at a disadvantage.
MS. TERWILLIGER suggested Ms. Corrick be added to the
discussion.
2:03:42 PM
CHERYL CORRICK, Chair, Board of Certified Direct-entry Midwives,
Fairbanks, Alaska, said the board considered that it would be
more difficult for midwives in rural areas to attend 50 births
but as they looked at professionalism they noticed a trend that
the complaints that resulted in investigations were about
preceptors who didn't have much experience. This was discussed
in board meetings and the MAA made the decision to include this
provision in the bill.
SENATOR OLSON observed that there have been complaints that
prompted this legislation.
MS. CORRICK responded that she's been on the board for six years
and has noticed that trend.
SENATOR OLSON asked how he would find out how many licenses have
been revoked or suspended because of complaints.
MS. CORRICK replied there have been no suspensions or
revocations imposed during her six-year tenure on the board, but
there have been some memorandums of agreement and other
disciplinary measures.
SENATOR OLSON asked how many midwives practice in rural areas
and how many would be affected by this legislation.
MS. CORRICK said her understanding was that very few midwives
are practicing in rural areas.
2:07:28 PM
DANA BROWN, Director, Alaska Family Health and Birth Center,
Fairbanks, Alaska, stated that she has been licensed since 1993,
has served on the board in the past, and was speaking in support
of SB 156. She related that during her tenure the board tried to
pass regulations to update practices only to have the statute
prevent it from happening. She pointed out that the statute was
passed many years ago and never updated so it needs to be
brought up to current standards.
SENATOR OLSON asked if she had practiced in rural Alaska.
MS. BROWN said no and added that the direct-entry midwifes in
Alaska generally practice near cities and towns, but serve rural
areas. She explained that women who live in villages usually
come to town for their births so that they're closer to a
hospital.
SENATOR OLSON responded that the bill puts his rural
constituents at a disadvantage because precipitous births do
occur.
MS. BROWN pointed out that there are no licensed midwives in
those areas and the bill doesn't affect a health aide working in
a village because they aren't under the jurisdiction of a
direct-entry midwife license.
SENATOR OLSON asked if she was saying that there are no
certified direct-entry midwives in rural Alaska.
MS. BROWN asked him to define rural.
SENATOR OLSON said he was talking about places like Bethel,
Barrow, Kotzebue, or Nome.
MS. BROWN responded that she was not aware of any direct-entry
midwives practicing in villages that are off the road system.
2:11:51 PM
JENNITH LUCAS, representing herself, Anchorage, Alaska,
testified in support of SB 156. She said she used a midwife for
the births of her children and she knows that they were aware of
the most recent studies and best practices for safe childbirth.
She described the bill as important for Alaskan consumers.
2:13:32 PM
SASKIA ESSLINGER, representing herself, Anchorage, Alaska, said
she used midwives for the births of her two children. This was
the best option for her, but she did notice that the regulations
didn't always allow for the most current standards of practice.
She said she supports SB 156 because it will allow the board to
update and revise the practice guidelines. It will also enhance
public safety by requiring more experience for preceptors.
2:15:07 PM
SARA CHAMBERS, Administrative Operations Manager, Division of
Corporations, Business and Professional Licensing, Department of
Commerce, Community and Economic Development (DCCED), introduced
herself and offered to answer questions.
SENATOR OLSON asked if there were any licensed midwives in rural
Alaska.
MS. CHAMBERS replied the division doesn't track licenses that
way but she would look at the addresses on the licenses and
follow up with the information.
SENATOR OLSON asked how many midwives would be affected by the
50-birth requirement to be a preceptor.
MS. CHAMBERS said it would take additional research to make that
determination.
SENATOR OLSON asked how many births are required to qualify for
a license.
MS. CHAMBERS suggested he pose the question to Ms. Corrick.
SENATOR OLSON asked if DCCED was in favor of the bill.
MS. CHAMBERS answered that the department didn't have a
position.
SENATOR MICCICHE offered his perspective that the current two-
year requirement had less value in measuring experience than the
proposed 50-birth requirement.
MS. CHAMBERS, responding to an earlier question, reported that
there were 62 midwife licensees in FY13 and 8 investigations.
2:20:48 PM
SENATOR MICCICHE asked Ms. Corrick if she agrees with his logic
that the number of births has more value than the length of time
a person has held a license.
MS. CORRICK agreed that 50 births is more telling of experience.
Responding to an earlier question, she relayed that to get
licensed as a certified direct-entry midwife the apprentice has
to attend 60 births. Ten of the births are observations, 20 are
assisting at the birth, and 30 are as the primary provider under
the supervision of the preceptor. The licensing process takes
approximately two years so a midwife should be able to get the
required 50 births within that timeframe. She acknowledged that
it would be more difficult for someone who moved to a more rural
area, less populated area.
CHAIR DUNLEAVY opened public testimony.
2:23:00 PM
JUDY DAVIDSON, CDM, MatSu Midwifery and Family Health, Wasilla,
Alaska, said she's been licensed since 1993 when the state first
provided licensure for direct-entry midwives. She said it's
important to understand that direct-entry midwives are licensed
to provide care to low-risk women and their training includes
precipitous births. She and a number of other midwives provide
training for people living in other areas and part of the reason
for updating the statute is to show that they're qualified as
preceptors. She said Alaska has the highest rate of out of
hospital births in the nation and it is looked to as an example.
Updating the statute shows continued progress to reflect the
standard of maternity care that midwives offer.
2:26:21 PM
KAYE KANNE, CDM, Juneau, Alaska, said she's been practicing as a
midwife for 30 years and was involved in the 1985 legislation to
keep midwifery legal. Legislation passed in 1992 created a board
for certified direct-entry midwives and she served on the board
for eight years and helped craft the current regulations.
MS. KANNE said she believes that the number of births that a
midwife has attended since being licensed is important in terms
of having the knowledge to be a preceptor, but the number of
years is not important. For example, a former student who has
been licensed for eight months has attended 180 births. She's
very qualified to be a preceptor, but she can't until she's been
licensed for two years.
She explained that the required practices that they're trying to
move into regulation were put into statute in 1985 because there
wasn't a board and there were no regulations. Now that there's a
very well-functioning board it makes sense to move those
required practices into regulation so that the board can keep it
up to date, she said.
SENATOR OLSON asked if she was in favor of the legislation.
MS. KANNE replied she was definitely in favor of the
legislation.
SENATOR OLSON asked if midwives have a requirement for
continuing education.
MS. KANNE replied the law requires 20 hours of continuing
education per licensing period.
SENATOR OLSON asked where a midwife can get continuing
education.
MS. KANNE said there's an annual midwifery conference in Juneau
and there are a number of them held every year in other states.
SENATOR OLSON asked if courses were available online.
MS. KANNE answered yes.
SENATOR OLSON asked if she had ever practiced in rural Alaska.
MS. KANNE said she has practiced in Juneau for 30 years serving
this community and all of Southeast Alaska.
SENATOR OLSON asked if there were midwives in places like
Klawock, Hollis, or Coffman Cove.
MS. KANNE replied she wasn't aware of any.
SENATOR OLSON asked to hear from the recently licensed midwife.
2:31:41 PM
MADISON NOLAN, CDM, Juneau, Alaska, told the committee that she
was an apprentice for three years and was licensed last
September.
SENATOR OLSON, noting that she had attended 180 births, asked if
she feels qualified to be a preceptor.
MS. NOLAN said she had only attended 40 births since she was
licensed so she wouldn't qualify under the proposed 50-birth
requirement. She added that for her personal comfort she'd want
at least a year of licensure before becoming a preceptor. The
time component isn't as important, but it does have some value.
SENATOR OLSON said he'd like to hear from rural hospitals.
CHAIR DUNLEAVY agreed.
2:33:42 PM
CHAIR DUNLEAVY announced that he would hold SB 156 in committee
for further consideration. Public testimony remained open.
SB 190-DELEGATION OF GUIDE-OUTFITTER DUTIES
2:33:47 PM
CHAIR DUNLEAVY announced the consideration of SB 190. "An Act
permitting certain persons who are not licensed by the Big Game
Commercial Services Board to provide or assist in providing
certain guide services." He noted that this was the first
hearing and there was a new committee substitute (CS).
2:34:02 PM
SENATOR MICCICHE moved to adopt CS for SB 190, labeled 28-
LS1466\U, as the working document.
CHAIR DUNLEAVY objected for discussion purposes.
2:34:23 PM
GARY ZEPP, Staff, Senator Charlie Huggins, reviewed the
following changes between Version A and Version U: [Original
punctuation provided.]
Section 1 (a), page 1, lines 5-9:
· Lines 5-7, the verbiage was reworded and lines 8
and 9 were deleted because this is already
included in AS 08.54.790 (9)(c) 'Definitions"
section.
Section 1(b), page 1, lines 10-14 & continuing on page
2, lines 1-2, the verbiage was reworded to insure the
legislation wasn't allowing unlicensed personnel more
authority than the licensed personnel.
CHAIR DUNLEAVY removed his objection. Finding no further
objection, Version U was adopted.
2:36:24 PM
MR. ZEPP introduced SB 190 speaking to the following sponsor
statement and sectional summary: [Original punctuation
provided.]
Senate Bill 190, version U, authorizes a Registered
Guide-Outfitter to delegate certain duties to
unlicensed personnel, as long as a licensed registered
guide-outfitter or class A assistant guide is
physically present for certain delegated duties. In
addition, it authorizes unlicensed personnel to be
compensated for carrying out those delegated duties.
Current Alaska statutes (AS 08.54) prohibit these
activities.
Example 1: A registered guide out-fitter cannot hire
unlicensed personnel to pack meat from the field and
receive compensation.
As you can imagine, it is difficult to find personnel
to work for free! This legislation would allow
unlicensed personnel, including local residents, to be
hired and compensated for packing meat from the field
without having to obtain a license.
Example 2: A registered guide-outfitter or a class A
assistant guide cannot delegate guide services, for
training purposes, to unlicensed personnel to perform
certain tasks while either a registered guide-
outfitter or class A assistant guide is physically
present.
Note: The class A assistant guide must be:
· Employed by and under the supervision of the
registered guide-outfitter who contracted for the
big game hunt; and
· Be licensed in the game management unit where the
hunt is conducted.
This makes it difficult to train and prepare
perspective guides to further advance in the Big Game
Guiding industry when they cannot be compensated for
carrying out those duties. Not many people work for
free!
This creates an apprentice structure to allow
unlicensed personnel to be prepared for and qualify
for the 'assistant guide" level in the industry.
Under current statutes: An assistant guide candidate
must have at least 60 days of Alaska hunting
experience and 30 days must be in a hunting camp being
instructed by a licensed guide-outfitter.
In summary, it is difficult to find personnel to work
for free and it also makes it difficult to train and
prepare perspective guides for a future in the
industry.
Sectional Summary
Section 1. Adds a new statutory section, AS 08.54.635,
that allows the Big Game Commercial Services Board to
adopt regulations permitting a registered guide-
outfitter to delegate certain guide services to a
person not licensed under AS 08.54. Provides what
guide services may be delegated. Establishes
conditions on the delegation of services. Permits
unlicensed persons to assist in providing certain
guide services. Requires unlicensed persons to meet
standards adopted by the board before providing, or
assisting in providing, guide services. Permits
unlicensed persons providing or assisting in providing
guide services to be compensated.
Section 2. Conforms AS 08.54.720(a) to the addition of
AS 08.54.635 in sec. 1 of the bill.
Section 3. Amends AS 08.54.740(a) to provide that a
registered guide-outfitter is equally responsible for
a violation of a state or federal wildlife, game, or
guiding statute or regulation committee by a person
while that person provides guide services for the
guide-outfitter under the new section AS 08.54.635.
2:39:27 PM
SENATOR OLSON asked if there was any opposition to the bill.
MR ZEPP replied he hadn't heard anything negative.
SENATOR OLSON asked if affected guides had voiced support or
opposition.
MR. ZEPP replied he reached out to all the stakeholders he was
aware of including the Alaska Wildlife Troopers, the
professional licensing operations manager for DCCED, the Big
Game Commercial Services Board, the Alaska Outdoor Council,
Safari Club International, and the Alaska Professional Hunters
Association. So far he's heard nothing but support.
2:41:17 PM
CABOT PITTS, representing himself, Wasilla, Alaska, said he's a
registered guide and outfitter and a member of Alaska
Professional Hunters Association. He plans to use packers in his
business and believes that they need to be compensated for their
work. He asked the committee to support SB 190.
2:42:24 PM
JOE KLUTSCH, representing himself, King Salmon, Alaska,
testified in support of SB 190. He said he's been a guide for 34
years and he started as a packer. Most of the best guides and
many of the Native guides were packers before they became
registered and master guides. He described the bill as a
technical correction to solve the problem facing both registered
guides and the packers that help them.
SENATOR OLSON asked if he'd had any trouble with citations and
overly aggressive game wardens.
MR. KLUTSCH replied he wasn't aware of anything like that.
2:45:43 PM
KELLY VREM Chair, Big Game Commercial Services Board, Sutton,
Alaska, testified in support of SB 190. He said he's been a
guide or assistant guide since 1973 and packers have had a
history in guiding since before statehood. It has always been
the accepted practice to hire a packer and the assumption was
that it was legal. It was therefore quite a surprise to learn
that the practice was illegal. SB 190 will legitimize this long-
standing practice in the guiding industry, he said.
He explained that in 1989 and 1990 the Alaska Senate formed a
task force on guiding that defined transporters and guides and
the privileges for each one. They decided that entry-level
guides and/or laborers didn't rise to the level of licensure,
but this wasn't clarified in the definition section, AS
08.54.790. He said the bill is a technical correction and he'd
heard no objection.
MR. VREM suggested inserting the term "assistant guide" on page
2, line 1, to allow that person to supervise a trainee.
2:48:35 PM
JOE WANT, representing himself, Fairbanks, Alaska, said he
doesn't disagree with the concept of the legislation, but the
wording in subsection (b) gives too much latitude to the guide
that is delegating authority. He stressed that a packer should
not be directly involved in the kill and that the packer should
not make decisions with the client. The guide should make the
decisions.
2:51:50 PM
CHAIR DUNLEAVY announced he would hold SB 190 in committee for
further consideration. Public testimony was open.
SB 140-AIDEA: ARCTIC DEVELOPMENT PROGRAM/FUND
2:52:04 PM
CHAIR DUNLEAVY announced the consideration of SB 140. He noted
that this was the second hearing and that there was a new
committee substitute (CS).
2:52:39 PM
SENATOR MICCICHE moved to adopt CS for SB 140, labeled 28-
LS1246\R as the working document.
CHAIR DUNLEAVY objected for discussion purposes.
2:53:10 PM
JESSE LOGAN, Staff, Senator Lesil McGuire, sponsor of SB 140,
reviewed the following changes found in Version R:
Section 1. 44.88.088(a)
Page 1, Line 5 thru Page 2, Line 19
· This section of existing statute establishes that
the Alaska Industrial Development and Export
Authority (AIDEA) shall adopt a policy for
payment of a dividend to the state each fiscal
year from two existing funds.
· Line 9: adds the Arctic infrastructure
development fund (AIDF) (AS 44.88.810) to the
list of funds that repay a dividend each year to
the state.
· Page 2, Lines 14- 19 defines the amount of the
dividend from the AIDF: the dividend may not be
less than 25% nor more than 50% of the net income
of the fund.
· This section puts the AIDF in-line with AIDEA's
revolving fund and sustainable energy
transmission and supply development fund (SETS).
Section 2. AS 44.88.088(b)(2)
Page 2, Lines 20-29
· This section of existing statute defines "net
income"
o Lines 24-26: inserts the Arctic
infrastructure development fund
Section 3. AS 44.88.088(b)(3)
Page 2, line 30 thru Page 3, line 7
· This section defines "unrestricted net income"
for the purposes of this chapter.
· Page 3, lines 3-4: inserts the Arctic
infrastructure development fund
Sections 4-9: No change
Section 10. AS 44.88
Page 6, line 5:
· Following "fund"
o Insert: "by a majority vote of the members
of the authority under AS 44.88.050 from any
other fund controlled"
· This change clarifies that AIDEA is
authorized to transfer money or assets
from other funds it controls if there is a
majority vote of the members, which
constitutes and action of the Board of
Directors.
Page 7, Line 11:
· Delete: "an application"
· Insert: "a"
o This reduces the encumbrance of an
application being filled out, but the due
diligence on the applicant and the project
remain unchanged.
Page 7, Line 23:
· Delete: "30"
· Insert: "40"
o This number is more appropriate for
infrastructure.
Page 7, Line 27 thru Page 8, Line1
· 44.88.840 now includes this language pertaining
to AS 44.88.900(19)(B)
o 44.88.840(d) sets a floor or minimum amount
for loans or bond guarantees for certain
activities so that this program does not
compete with existing state financing
programs related to fisheries.
Section 11. AS 44.88.900
Page 8, Line 7-14: A new definition of "Arctic
Infrastructure Development" is established.
· (19) "Arctic infrastructure development" means
(A) the construction, improvement,
rehabilitation , or expansion of a facility [IN
THE ARCTIC OF A PORT, ROAD, ENERGY PROJECT,
HANGAR, OR FACILITY TO AID IN DEVELOPMENT OR
MEET EMERGENCY RESPONSE NEEDS].
(i) In the Arctic to aid in development or
meet emergency response needs; or
(ii) In the state if the construction,
improvement, rehabilitation, or expansion
supports or furthers the development of a
facility in the Arctic.
· The removal of the list of types of facilities
was done to ensure that the list was inclusive,
rather than exclusive, of unforeseen future
infrastructure needs.
· The addition of AS 44.88.900(19)(b) was done to
ensure that the fund was authorized to help
finance infrastructure needs in all areas of the
state that may be necessary to support the
development of infrastructure in the Arctic.
Page 8, Lines 15-19:
· Additional language added pertaining to
fisheries:
o 44.88.900(19)(B)
ƒThe purchase or repair of a fishing
vessel for use in an federally managed
fishery, the purchase of quota shares or
individual fishing quota used in a
federally managed fishery in the Arctic,
or the construction, improvement ,
rehabilitation, or expansion of a plant,
facility, or equipment used in support of
a fishery in the Arctic.
o This language allows the AIDF to support
fisheries in the Arctic.
2:55:39 PM
CHAIR DUNLEAVY removed his objection. There being no further
objection, Version [R] was adopted.
2:55:59 PM
At ease.
2:56:11 PM
CHAIR DUNLEAVY reconvened the meeting.
SENATOR OLSON thanked the sponsor for bringing the bill forward.
2:56:45 PM
SENATOR MICCICHE directed attention to the limitations on
financing provision in Sec. 44.88.840 on page 7, line 15. He
asked for a description of the provisions in paragraphs (1) and
(2) in subsection (a).
SENATOR MCGUIRE said her understanding was that without
legislative approval, AIDEA could use the Arctic infrastructure
development fund to make a loan for less than one-third of the
capital cost of an Arctic infrastructure project or AIDEA could
make a loan guarantee for less than $20 million. She deferred
further explanation to AIDEA.
SENATOR MICCICHE asked AIDEA to describe the provisions.
2:58:31 PM
MARK DAVIS, Deputy Director, Alaska Industrial Development &
Export Authority (AIDEA), Anchorage, Alaska, explained that the
limitations are designed so that AIDEA is always working with
the private sector on these types of financing. The explanation
for the one-third limitation on the loan is that AIDEA would
like to use private sector lending whenever possible. The idea
behind the $20 million cap on the loan guarantee is to ensure
that AIDEA's bonding capability remains intact. He noted that
the legislature could waive either of those limitations and they
were waived last session in Senate Bill 23 in support of the
Interior Energy Project. AIDEA feels it is appropriate to obtain
legislative approval for very large projects like that.
3:01:03 PM
SENATOR MICCICHE moved to adopt Amendment 1, labeled 28-
LS1246\R.2.
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR MICCICHE
TO: CSSB 140( ), Draft Version "R"
Page 7, following line 26:
Insert a new subsection to read:
"(d) Notwithstanding (a) of this section, the
authority may not provide financing or loans or bond
guarantees in an amount less than $7,000,000 for the
purchase or repair of a fishing vessel used in a
federally managed fishery, the purchase of quota
shares or individual fishing quota used in a federally
managed fishery in the Arctic, or the construction,
improvement, rehabilitation, or expansion of a plant,
facility, or equipment used in support of a state-
managed fishery in the Arctic."
Page 8, line 1, following "means":
Insert "(A)"
Page 8, line 3:
Delete "(A)"
Insert "(i)"
Page 8, line 5:
Delete "(B)"
Insert "(ii)"
Page 8, line 6, following "Arctic":
Insert "; or
(B) the purchase or repair of a fishing
vessel for use in a federally managed fishery, the
purchase of quota shares or individual fishing quota
used in a federally managed fishery in the Arctic, or
the construction, improvement, rehabilitation, or
expansion of a plant, facility, or equipment used in
support of a state-managed fishery in the Arctic"
CHAIR DUNLEAVY objected for discussion purposes.
SENATOR MICCICHE read the amendment.
SENATOR OLSON asked if the sponsor supported the amendment.
SENATOR MCGUIRE said she did support the amendment.
3:02:10 PM
SENATOR STEDMAN asked the purpose of the amendment.
SENATOR MICCICHE explained that the amendment allows support for
Arctic infrastructure and Arctic-related projects for ports that
support the Arctic but aren't located in the Arctic but.
SENATOR OLSON asked if the fiscal note would be affected.
SENATOR MICCICHE replied it doesn't change the fiscal note.
SENATOR OLSON asked if AIDEA supported the amendment.
MR. DAVIS said AIDEA generally supports the amendment but would
suggest on page 1, line 8, striking the term "state-managed"
because AIDEA supports both federal and state-managed fisheries.
3:04:27 PM
SENATOR STEDMAN asked if that change was acceptable to the
amendment sponsor.
3:05:03 PM
At ease
3:06:27 PM
CHAIR DUNLEAVY reconvened the meeting.
SENATOR MICCICHE said he doesn't object to the suggested
revision.
CHAIR DUNLEAVY asked if there was any objection to the amendment
to the amendment.
3:07:12 PM
At ease
3:07:41 PM
SENATOR MICCICHE withdrew his motion to adopt Amendment 1,
labeled 28-LS1246\R.2.
SENATOR MICCICHE moved to adopt 28-LS1246\R.2 as amended.
AMENDMENT 2
OFFERED IN THE SENATE BY SENATOR MICCICHE
TO: CSSB 140( ), Draft Version "R"
Page 7, following line 26:
Insert a new subsection to read:
"(d) Notwithstanding (a) of this section, the
authority may not provide financing or loans or bond
guarantees in an amount less than $7,000,000 for the
purchase or repair of a fishing vessel used in a
federally managed fishery, the purchase of quota
shares or individual fishing quota used in a federally
managed fishery in the Arctic, or the construction,
improvement, rehabilitation, or expansion of a plant,
facility, or equipment used in support of a state-
managed fishery in the Arctic."
Page 8, line 1, following "means":
Insert "(A)"
Page 8, line 3:
Delete "(A)"
Insert "(i)"
Page 8, line 5:
Delete "(B)"
Insert "(ii)"
Page 8, line 6, following "Arctic":
Insert "; or
(B) the purchase or repair of a fishing
vessel for use in a federally managed fishery, the
purchase of quota shares or individual fishing quota
used in a federally managed fishery in the Arctic, or
the construction, improvement, rehabilitation, or
expansion of a plant, facility, or equipment used in
support of a fishery in the Arctic"
CHAIR DUNLEAVY objected for discussion purposes.
SENATOR MICCICHE explained that the foregoing discussion was to
remove the term "state-managed" from page 1, line 8, of the
original amendment, 28-LS1246\R.2. There was no other change.
CHAIR DUNLEAVY removed his objection and opened public
testimony.
3:09:40 PM
RON LONG, City of Seward, stated support for SB 140 as amended,
consistent with their testimony on the original bill.
3:10:11 PM
CHAIR DUNLEAVY closed public testimony.
3:10:21 PM
SENATOR STEDMAN moved to report CS for SB 140, as amended, from
committee with individual recommendations and attached fiscal
note(s).
CHAIR DUNLEAVY announced that without objection, CSSB 140(L&C)
moved from the Senate Labor and Commerce Standing Committee.
3:10:35 PM
At ease
3:10:48 PM
CHAIR DUNLEAVY reconvened the meeting and discussed the
committee schedule for the following week.
3:11:02 PM
There being no further business to come before the committee,
Chair Dunleavy adjourned the Senate Labor and Commerce Standing
Committee meeting at 3:11 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CS SB99 version C.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 99 |
| CSSB 99 Explanation of Changes Version C.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 99 |
| CSSB 99 Sectional Analysis Version C.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 99 |
| SB166_DCCEDResponseLetter.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 166 |
| SB167_ Infograph.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 167 |
| CS SB 140 Explanation of Changes Version R.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 140 |
| CS SB 140 Sectional Analysis version R.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 140 |
| CS SB140 Version R.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 140 |
| SB0190A.PDF |
SL&C 3/13/2014 1:30:00 PM |
SB 190 |
| SB190 CS ver U.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 190 |
| SB 190 Sponsor Statement.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 190 |
| SB190 Summary of Changes ver A to ver U.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 190 |
| SB190_ support letters_Bishop.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 190 |
| SB190_support letters_Chadd.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 190 |
| SB190_support letters_Entsminger.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 190 |
| SB190_support letters_Geary.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 190 |
| SB190_support letters_Harms.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 190 |
| SB190_support letters_Jacobson.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 190 |
| SB190_support letters_Joyce.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 190 |
| SB190_support letters_King.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 190 |
| SB190_support letters_Klutsch.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 190 |
| SB190_support letters_Kubat.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 190 |
| SB190_support letters_Leonard.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 190 |
| SB190_support letters_McCarthy.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 190 |
| SB190_support letters_Munsey.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 190 |
| SB190_support letters_Parker.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 190 |
| SB190_support letters_Pitts.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 190 |
| SB190_support letters_Smith.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 190 |
| SB190_support letters_Tiffany IV.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 190 |
| SB190-DCCED-CBPL-03-07-14.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 190 |
| SB190-DPS-AWT-03-07-14.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 190 |
| SB 156 - Sponsor Statement.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 156 |
| SB 156.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 156 |
| SB 156 - Sectional Analysis.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 156 |
| SB156-DCCED-CBPL-03-07-14.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 156 |
| SB 156 - Support letter - Lucey.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 156 |
| SB 156 - Board letter to Rep Munoz Aug 2012.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 156 |
| SB 156 - Letter from CDM Board.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 156 |
| SB 156 - Letter of Support - Downing.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 156 |
| SB 156 - Letter of Support - MAA.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 156 |
| SB 156 - Letter of Support - Norton.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 156 |
| SB 156 - Letter of Support - Taygan.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 156 |
| SB 156 - CDM Annual Report FY 13.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 156 |
| SB 193 Sectional Analysis_Updated.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 193 |
| SB 140 ARPA_Polar map.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 140 |
| SB166_SupportLetter_ProNurses.pdf |
SL&C 3/13/2014 1:30:00 PM |
SB 166 |