03/21/2022 01:30 PM Senate LABOR & COMMERCE

         SB 193-EXTEND BOARD OF CHIROPRACTIC EXAMINERS                                                                      
                                                                                                                                
2:08:01 PM                                                                                                                    
CHAIR  COSTELLO   reconvened  the   meeting  and   announced  the                                                               
consideration  of  SENATE BILL  NO.  193  "An Act  extending  the                                                               
termination  date of  the Board  of  Chiropractic Examiners;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
She  solicited   a  motion  to   adopt  the   proposed  committee                                                               
substitute (CS).                                                                                                                
                                                                                                                                
2:08:21 PM                                                                                                                    
SENATOR STEVENS moved to adopt  the committee substitute (CS) for                                                               
SB 193, work order 32-LS1486\I, as the working document.                                                                        
                                                                                                                                
2:08:35 PM                                                                                                                    
CHAIR COSTELLO objected for an explanation of the changes.                                                                      
                                                                                                                                
2:08:42 PM                                                                                                                    
KATIE  MCCALL,   Staff,  Senator   Mia  Costello,   Alaska  State                                                               
Legislature,  Juneau,   Alaska,  presented  the   explanation  of                                                               
changes from version B to version I for SB 193.                                                                                 
                                                                                                                                
     Page 1, Line 2                                                                                                         
     Inserts  into the  title "requiring  a report  on audit                                                                    
     compliance by the Board of Chiropractic Examiners."                                                                        
                                                                                                                                
     Sec. 1 - AS 08.03.010(c)(5) Page 1, Line 6                                                                             
     Reduces  the board  extension from  five  years to  two                                                                    
     years.                                                                                                                     
                                                                                                                                
     Sec. 2 - Page 1, Lines 8-14                                                                                            
     Adds a  requirement for the legislative  audit division                                                                    
     to  prepare and  submit to  the Legislative  Budget and                                                                    
     Audit  Committee  a report  on  the  compliance of  the                                                                    
     Board    of    Chiropractic    Examiners    with    the                                                                    
     recommendations  of  the June  22,  2021  audit of  the                                                                    
     board.                                                                                                                     
                                                                                                                                
2:09:46 PM                                                                                                                    
CHAIR  COSTELLO  withdrew  her   objection;  finding  no  further                                                               
objection, version I was adopted.                                                                                               
                                                                                                                                
2:10:21 PM                                                                                                                    
KRIS  CURTIS, Legislative  Auditor,  Legislative Audit  Division,                                                               
Alaska State Legislature, Juneau, Alaska, introduced herself.                                                                   
                                                                                                                                
SENATOR MICCICHE observed  that the audit report on  the Board of                                                               
Chiropractic Examiners clearly stated  that the statutory duty to                                                               
investigate occupational licensing complaints  is assigned to the                                                               
Division of  Corporations, Business, and  Professional Licensing.                                                               
He  offered his  belief that  the problems  the audit  identified                                                               
rest with the division; they  seem beyond the board's control. He                                                               
asked  if  the Audit  Division  sees  this  in other  boards  and                                                               
commissions.                                                                                                                    
                                                                                                                                
MS.  CURTIS replied  she does  hear that  complaint from  time to                                                               
time. She explained that the  sunset review process is a holistic                                                               
legislative oversight  mechanism that provides an  opportunity to                                                               
look  at the  board  and the  support it  has.  She reminded  the                                                               
committee  that what  led  to the  recommendation  to extend  the                                                               
board just five years was an  issue that could affect the board's                                                               
ability to  protect the  public. That information  is not  in the                                                               
audit report because the investigation is ongoing.                                                                              
                                                                                                                                
MS. CURTIS said the Division of  Audit reporting on the status of                                                               
the recommendations is  important but she believes  that what the                                                               
committee really  wants the Audit  Division to do is  ensure that                                                               
the  public safety  issue  is addressed.  She  cautioned that  as                                                               
currently drafted,  she would be  focused on the progress  of the                                                               
recommendations  even though  those are  not directly  related to                                                               
the reduced extension.                                                                                                          
                                                                                                                                
She offered  to suggest alternate wording  once the investigation                                                               
she referenced  is finished. She characterized  the current draft                                                               
as missing a piece.                                                                                                             
                                                                                                                                
2:13:11 PM                                                                                                                    
SENATOR  MICCICHE countered  that the  legislature is  looking at                                                               
board  compliance  more than  at  any  individual case.  The  new                                                               
section in uncodified law points  out that regardless of what the                                                               
board did in that case, it was beyond the board's control.                                                                      
                                                                                                                                
2:14:05 PM                                                                                                                    
MS.  CURTIS directed  attention to  Appendix  A on  page 19  that                                                               
lists the  criteria the  Audit Division uses  in a  sunset audit,                                                               
one of which is the degree  to which complaints to the board have                                                               
been  efficiently addressed.  Part of  the legislative  oversight                                                               
sunset  process involves  looking at  the division  and sometimes                                                               
the recommendations  have to do  with the division, which  is the                                                               
case in this audit.                                                                                                             
                                                                                                                                
2:14:45 PM                                                                                                                    
CHAIR COSTELLO agreed with Senator  Micciche that the language in                                                               
the  committee substitute  would address  the issue,  because the                                                               
legislature  has oversight  and  the  audit provides  information                                                               
about more than just the board.                                                                                                 
                                                                                                                                
MS. CURTIS  stated that an  audit after  just two years  does not                                                               
start from  scratch, so the process  takes less time and  is less                                                               
expensive.                                                                                                                      
                                                                                                                                
CHAIR COSTELLO said that information  is helpful as the committee                                                               
continues  to look  at this  particular board  and the  issues it                                                               
faces.                                                                                                                          
                                                                                                                                
SENATOR STEVENS asked when the last audit was done.                                                                             
                                                                                                                                
2:16:12 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
2:16:16 PM                                                                                                                    
CHAIR COSTELLO reconvened the meeting.                                                                                          
                                                                                                                                
MS CURTIS  replied the  last audit  was done  in 2013;  the board                                                               
received the full eight-year extension in the prior audit.                                                                      
                                                                                                                                
SENATOR STEVENS expressed satisfaction with the answer.                                                                         
                                                                                                                                
CHAIR  COSTELLO  found  no  further  questions  and  solicited  a                                                               
motion.                                                                                                                         
                                                                                                                                
2:16:43 PM                                                                                                                    
SENATOR  STEVENS  moved  to  report  CSSB  193,  work  order  32-                                                               
LS1486\I,  from  committee  with individual  recommendations  and                                                               
attached fiscal note(s).                                                                                                        
                                                                                                                                
2:17:06 PM                                                                                                                    
CHAIR COSTELLO found no objection  and CSSB 193(L&C) was reported                                                               
from the Senate Labor and Commerce Standing Committee.