Legislature(2021 - 2022)BELTZ 105 (TSBldg)
05/11/2022 01:30 PM Senate LABOR & COMMERCE
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| HB363 | |
| SB181 | |
| SB237 | |
| HB363 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 363 | TELECONFERENCED | |
| += | SB 181 | TELECONFERENCED | |
| *+ | SB 237 | TELECONFERENCED | |
| += | SB 232 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
May 11, 2022
1:44 p.m.
MEMBERS PRESENT
Senator Mia Costello, Chair
Senator Peter Micciche
Senator Gary Stevens
Senator Elvi Gray-Jackson
MEMBERS ABSENT
Senator Joshua Revak, Vice Chair
COMMITTEE CALENDAR
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 363(FIN)
"An Act establishing the office of broadband; creating the
broadband parity adjustment fund; establishing the Statewide
Broadband Advisory Board; and providing for an effective date."
- MOVED SCS CSHB 363(L&C) OUT OF COMMITTEE
SENATE BILL NO. 181
"An Act relating to identification requirements for
contractors."
- MOVED CSSB 181(CRA) OUT OF COMMITTEE
SENATE BILL NO. 237
"An Act exempting certain ambulatory surgical center employees
from overtime pay requirements; and providing for an effective
date."
- MOVED SB 237 OUT OF COMMITTEE
SENATE BILL NO. 232
"An Act relating to employee intellectual property."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: HB 363
SHORT TITLE: BROADBAND: OFFICE, GRANTS, PARITY
SPONSOR(s): REPRESENTATIVE(s) EDGMON
02/22/22 (H) READ THE FIRST TIME - REFERRALS
02/22/22 (H) L&C, FIN
03/09/22 (H) L&C AT 3:15 PM BARNES 124
03/09/22 (H) Heard & Held
03/09/22 (H) MINUTE(L&C)
03/16/22 (H) L&C AT 3:15 PM BARNES 124
03/16/22 (H) Moved CSHB 363(L&C) Out of Committee
03/16/22 (H) MINUTE(L&C)
03/18/22 (H) L&C RPT CS(L&C) 4DP 2NR 1AM
03/18/22 (H) DP: SCHRAGE, SNYDER, FIELDS, SPOHNHOLZ
03/18/22 (H) NR: MCCARTY, NELSON
03/18/22 (H) AM: KAUFMAN
03/24/22 (H) FIN AT 1:30 PM ADAMS 519
03/24/22 (H) <Bill Hearing Canceled>
03/30/22 (H) FIN AT 1:30 PM ADAMS 519
03/30/22 (H) Heard & Held
03/30/22 (H) MINUTE(FIN)
04/15/22 (H) FIN AT 1:30 PM ADAMS 519
04/15/22 (H) Moved CSHB 363(FIN) Out of Committee
04/15/22 (H) MINUTE(FIN)
04/20/22 (H) FIN RPT CS(FIN) 6DP 1AM
04/20/22 (H) DP: ORTIZ, EDGMON, LEBON, JOHNSON,
JOSEPHSON, MERRICK
04/20/22 (H) AM: CARPENTER
04/29/22 (H) FIN CS ADOPTED Y36 N2 E1 A1
05/03/22 (H) RETURNED TRANSMITTAL OF 5/2
05/03/22 (H) VERSION: CSHB 363(FIN)
05/05/22 (H) TRANSMITTED TO (S)
05/05/22 (H) VERSION: CSHB 363(FIN)
05/05/22 (S) READ THE FIRST TIME - REFERRALS
05/05/22 (S) L&C, FIN
05/09/22 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
05/09/22 (S) -- Invited & Public Testimony --
05/11/22 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 181
SHORT TITLE: IDENTIFICATION OF CONTRACTOR IN ADS
SPONSOR(s): COMMUNITY & REGIONAL AFFAIRS
02/04/22 (S) READ THE FIRST TIME - REFERRALS
02/04/22 (S) CRA, L&C
02/15/22 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
02/15/22 (S) Heard & Held
02/15/22 (S) MINUTE(CRA)
02/22/22 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
02/22/22 (S) Moved CSSB 181(CRA) Out of Committee
02/22/22 (S) MINUTE(CRA)
02/23/22 (S) CRA RPT CS 2DP 2NR NEW TITLE
02/23/22 (S) DP: HUGHES, GRAY-JACKSON
02/23/22 (S) NR: MYERS, WILSON
05/10/22 (S) L&C AT 9:00 AM BELTZ 105 (TSBldg)
05/10/22 (S) Scheduled but Not Heard
05/11/22 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 237
SHORT TITLE: AMBULATORY SURGICAL EMPLOYEES: OVERTIME
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
03/23/22 (S) READ THE FIRST TIME - REFERRALS
03/23/22 (S) L&C
04/25/22 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
04/25/22 (S) -- Invited & Public Testimony --
05/06/22 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
05/06/22 (S) -- Invited & Public Testimony --
05/11/22 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
REPRESENTATIVE BRYCE EDGMON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 363.
KATIE MCCALL, Staff
Senator Mia Costello
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the changes from version W to
version D of HB 363.
CHAD RUPE, Broadband Program Manager
State of Montana
POSITION STATEMENT: Testified in support of HB 363.
MARK GOLDSTEIN, President
International Research Center (IRC)
Phoenix, Arizona
POSITION STATEMENT: Testified by invitation on HB 363.
MARK SPRINGER, representing self
Bethel, Alaska
POSITION STATEMENT: Commented on and offered suggestions to HB
363.
SHAWN WILLIAMS, Vice President of Government Affairs and
Strategy
Pacific Dataport
Anchorage, Alaska
POSITION STATEMENT: Testified in support of the Senate committee
substitute for HB 363.
LESIL MCGUIRE, Consultant
OneWeb
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 363.
BRITTANY WOODS-ORRISON, Broadband Specialist
Alaska Public Interest Research Group and Native Movement
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 363.
SENATOR SHELLEY HUGHES
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 181.
DANIEL PHELPS, Staff
Senator Shelley Hughes
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for SB 181
on behalf of the sponsor.
GLENN HOSKINSON, Deputy Director
Division of Corporations Business and Professional Licensing
Department of Commerce, Community and Economic Development
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on SB
181.
CATHY MUNOZ, Deputy Commissioner
Department of Labor and Workforce Development
Juneau, Alaska
POSITION STATEMENT: Introduced SB 237 on behalf of the
administration.
ALECIA RATHLIN, Investigator
Wage and Hour Office
Division of Labor Standards and Safety
Department of Labor and Workforce Development (DOLWD)
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on SB
237.
PAM VENGEN, Executive Director
Alaska State Medical Association (ASMA)
Anchorage, Alaska
POSITION STATEMENT: Stated support for SB 237.
KEVIN BARRY, CEO
Alaska Surgery Center (ASC)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 237 to allow
employees more flexibility.
BRUCE JAYNE, CEO and Administrator
Surgery Center of Anchorage
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 237.
MARY HOPKIN, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 237.
BRIAN BERG, Leadership Team
Alpine Surgery Center
Anchorage, Alaska
POSITION STATEMENT Testified in support of SB 237.
ACTION NARRATIVE
1:44:48 PM 46
CHAIR MIA COSTELLO called the Senate Labor and Commerce Standing
Committee meeting to order at 1:44 p.m. Present at the call to
order were Senators Gray-Jackson, Micciche, and Chair Costello.
Senator Stevens arrived during the course of the meeting.
HB 363-BROADBAND: OFFICE, GRANTS, PARITY
1:45:13 PM
CHAIR COSTELLO announced the consideration of CS FOR HOUSE BILL
NO. 363(FIN) "An Act establishing the office of broadband;
creating the broadband parity adjustment fund; establishing the
Statewide Broadband Advisory Board; and providing for an
effective date."
She advised the listening public that this committee sponsored
and considered a version of this legislation this year so the
topic was familiar. She asked the sponsor to introduce the bill,
after which the committee would consider a Senate committee
substitute.
1:46:06 PM
REPRESENTATIVE BRYCE EDGMON, Alaska State Legislature, Juneau,
Alaska, sponsor of HB 363, stated that he introduced the bill
because the state is on the cusp of receiving an unprecedented
amount of federal money for broadband due to the passage of the
federal Infrastructure Act in November 2021. Because there are
no Alaska statutes addressing broadband, the bill follows the
recommendations from the Governor's Broadband Taskforce that
convened from May to November 2021. Both the House Labor and
Commerce and Finance committees made slight changes as it went
through the committee process. He continued to paraphrase the
following sponsor statement:
[Original punctuation provided.]
Sponsor Statement:
CSHB 363(FIN) Broadband: Office, Grants, Parity
"An Act establishing the office of broadband; creating
the broadband parity adjustment fund; establishing the
Statewide Broadband Advisory Board; and providing for
an effective date."
Last May, Gov. Dunleavy issued Administrative Order
No. 322, establishing the Task Force on Broadband to
develop policy objectives and steps necessary to
prepare Alaska for a massive infusion of federal money
through the federal Infrastructure, Investment, and
Jobs Act (IIJA) The goal of the task force
recommendations and IIJA is to move Alaska into the
21st century for broadband, and provide for essential
services by creating the opportunity for communities
to do things like routine two-way video conferencing,
advanced telemedicine and educational opportunities,
public safety improvements, and economic development.
House Bill 363 is written directly from the task force
recommendations and as enabling legislation does three
things: creates a broadband office, establishes a
Broadband Parity Adjustment Fund, and forms a
Statewide Broadband Advisory Board.
To be eligible for federal funding each state must
establish a broadband office. In consultation with the
administration, it was decided that the office would
be housed in the Commerce, Community, and Economic
Development (DCCED). It will initially contain three
staff and will focus during the first year on planning
activities and working with the FCC to complete the
mapping process for the state. In alignment with IIJA,
as times goes on, the office will prioritize broadband
service expansion in the following priority order:
unserved areas, underserved areas, and anchor
institutions.
The Broadband Parity Adjustment Fund is a separate
fund in the state treasury to be a repository of
federal funds for the purposes of deploying high
quality, affordable broadband across the Alaska. The
Office may develop a program in the Fund to directly
offset the costs of broadband for eligible consumers.
Finally, HB 363 creates the Statewide Broadband
Advisory Board advise to the Office of Broadband and
to facilitate statewide stakeholder engagement. The
Board is composed of nine public members appointed by
the Governor, two ex-officio legislative members, and
the Commissioners of DCCED and the Dept. of Education
& Early Development (DEED). The Board shall create a
technical working group to provide recommendations to
the Board comprised of members who have expertise in
the different technologies that provide broadband
service and who manage and deliver broadband projects
in Alaska.
REPRESENTATIVE EDGMON said it's important to note that the bill
references "technology neutral" and "tribes" several times. He
conveyed that as much as Alaska is reacting to this once-in-a-
lifetime opportunity, federal agencies are similarly reactive.
The plan currently is for at least one federal employee to be in
the state to work with the broadband office and stakeholders.
REPRESENTATIVE EDGMON said he looked at the draft Senate CS
briefly and it appeared to have some very good changes. He
looked forward to working with the committee.
1:50:39 PM
CHAIR COSTELLO said she appreciates his commitment to this
topic. She agreed with his statement that this was a once-in-a-
lifetime opportunity that will make a tremendous difference in
the quality of life for many Alaskans.
CHAIR COSTELLO solicited a motion to adopt the Senate committee
substitute.
1:51:22 PM
SENATOR MICCICHE moved to adopt the CS for House Bill 363, work
order 32-LS1527\D, as the working document.
1:51:42 PM
At ease
1:51:51 PM
CHAIR COSTELLO reconvened the meeting and recognized Senator
Micciche.
SENATOR MICCICHE restated the motion. He moved to adopt the
Senate CS for CSHB 363, work order 32-LS1527\D, as the working
document.
1:52:09 PM
CHAIR COSTELLO objected for a description of the changes.
1:52:18 PM
KATIE MCCALL, Staff, Senator Mia Costello, Alaska State
Legislature, Juneau, Alaska, presented the following changes
from version W to version D for HB 363:
Page 1, Lines 1-4
Amends the title of the bill to "An Act relating to
broadband; establishing the office of broadband;
providing for a broadband grant and loan program;
establishing the Statewide Broadband Advisory Board;
establishing community engagement task forces; and
providing for an effective date."
Sec. 1 Page 1, Lines 6-14 & Page 2, Lines 1-31
Adds legislative findings and intent language to
convey the critical need for broadband, particularly
in unserved and underserved areas of the state. This
section also highlights the importance of:
• affordable and quality broadband service in the
state
• designing policies that ensure robust competition
and maximize consumer welfare, innovation, and
investment
• deploying broadband in high-cost areas and
ensuring that low-income individuals can afford
broadband
•
The language in this section also notes that the
purpose of this Act is to establish a grant and loan
program that will support the extension of broadband
infrastructure in unserved and underserved areas, and
outlines the legislature's intent that any grant or
loan to a private entity will be conditioned on a
guarantee that the infrastructure will be developed
and maintained for public use for a minimum of 30
years.
1:56:28 PM
Sec. 2 AS 44.33.910 Page 3, Lines 1-31 & Page 4,
Lines 1-13
Amends the powers and duties of the office of
broadband, established in the Department of Commerce,
Community, and Economic Development, by outlining that
the office serves as the central planning body for
broadband in the state and has the power and duty to:
• coordinate with local governments, tribes, public
and private entities, nonprofit organizations,
and consumer-owned and investor-owned utilities
on broadband deployment and access plans
• review existing broadband initiatives, policies,
and public and private investments
• develop a statewide plan to encourage cost-
effective broadband access, particularly in rural
and other unserved and underserved areas
• update broadband goals and definitions for
broadband service in unserved and underserved
areas as technology advances, though the
definition for broadband service must be actual
speeds of at least 25 Megabits per second
download and three Megabits per second upload
• encourage public-private partnerships to increase
deployment
• review and consider the recommendations of the
Statewide Broadband Advisory Board established
under AS 44.33.920
This section also states that when developing plans or
strategies for broadband deployment, the office must
consider the following:
• partnerships between communities, tribes,
nonprofit organizations, local governments,
consumer-owned and investor-owned utilities, and
public and private entities
• funding opportunities that provide for the
coordination of public, private, state, and
federal funds for the purposes of making
broadband available to unserved and underserved
areas
• barriers to deployment, adoption, and use of
broadband, including affordability and project
logistics
• requiring the minimum broadband service of 25
Megabits per second download and three Megabits
per second upload
This section also states that the office:
• may assist applicants for the grant and loan
program established in this bill in seeking
federal funding or matching grants and other
grant opportunities for deploying broadband
• may take all appropriate steps to seek and apply
for federal funds or grants for which the office
is eligible, and may accept donations
• shall adopt regulations under AS 44.62 to carry
out its duties
1:59:54 PM
Sec. 44.33.915 Page 4, Lines 14-28
Removes the parity adjustment fund found in Version W
of the bill and creates the broadband grant and loan
program in the office of broadband. The program will
award funding to eligible applicants to expand access
to broadband service in unserved and underserved
areas. This section stipulates that the office shall
work in collaboration with the Statewide Broadband
Advisory Board to review applications and award
grants.
Additionally:
• grants and loans may be awarded to assist in
funding acquisition, installation, and
construction of middle mile and last mile
infrastructure, and to assist in funding
strategic planning for deploying broadband in
unserved and underserved areas
The office:
• may fund all or part of an application
• shall award funds to qualified applicants in all
regions of the state
• shall consider affordability and quality of
service in making determinations on an
application
2:01:13 PM
Sec. 44.33.920 Page 4, Lines 29-31 & Page 5, Lines 1-
20
Amends the membership of the Statewide Broadband
Advisory Board and stipulates that the advisory board
shall work with the community engagement task forces
established in this version of bill to consider the
challenges and opportunities related to regional
connectivity. The following eight members are
appointed by the governor to serve three-year terms on
the advisory board:
• a mechanical engineer
• a civil engineer
• an aerospace engineer
• one member with expertise in telecommunications
• one member with expertise in fiber optics
• one member with expertise in satellite technology
• one member with expertise in microwave technology
• a technology neutral consultant
This section provides that the technology neutral
consultant receives a Range 27 salary, while all other
members of the advisory board receive $307 a day while
attending meetings and are entitled to travel
expenses.
2:03:00 PM
Sec. 44.33.930 Page 5, Lines 21-31 & Page 6, Lines 1-
16
Establishes community engagement task forces. The
director of the office of broadband shall appoint
state residents to serve as needed, and shall include
members representing:
• a tribe
• a broadband user
• a heath care provider
• a member of the Alaska Search and Rescue
Association or an operational member organization
• the social services sector
• a tribal or state governmental employee with
access to judicial records
• the transportation industry
• a member of a regional development organization
• a local government public servant
• a state government public servant
This section provides that members of a community
engagement task force receive $307 a day while
attending meetings and are entitled to travel
expenses.
Sec. 44.33.940 Page 6, Lines 17-25
Provides definitions for:
• office
• underserved area
• unserved area
Sec. 3 Page 6, Lines 26-27
Lists sections repealed on June 30,2030
Sec. 4 Page 6, Line 28
Has an immediate effective date
2:05:14 PM
CHAIR COSTELLO removed her objection; finding no further
objection, the Senate CS for HB 363, version D, was adopted.
SENATOR STEVENS joined the committee.
2:05:36 PM
CHAIR COSTELLO opened public testimony on HB 363.
2:05:55 PM
CHAD RUPE, Broadband Program Manager, State of Montana,
described his experience standing up and working on broadband
programs at both the state and local levels. Most recently he
completed the application for the Connect Montana program for
the American Rescue Plan Act (ARPA) section 602 State and Local
Fiscal Recovery Funds.
MR. RUPE offered the following suggestions and observations
based on what he had learned through the Montana process
• Work to ensure that the state legislation does not
overprescribe because it can create more problems than
solutions.
• Align state law with the federal National
Telecommunications and Information Administration (NTIA)
requirements for deployment of Infrastructure Investment
and Jobs Act (IIJA) funds.
• Creating a definition for "underserved" and including low
latency in the model are very important
• Ensure the state is able to appropriately fund the
deployment of broadband and fund contractors to enable
monitoring throughout the life cycle
• Flex the different contractors for different purposes
• Montana chose to focus exclusively on a grant program
to pay for monitoring because the burden of a loan
program is much higher
• Ensure there is a robust location-level statewide
broadband mapping system, such as Montana has
established
• Readily identify areas as "served," "unserved,"
"under-served" and "frontier"
• Think through decisions before disbursing funds
• Ensure special funding is available to address fraud
• Ensure compliance with NTIA for eligibility for
funding
• Develop a small but effective staff to deploy the funds
• Have an independent consultant with experience working
with the different agencies at the state and federal
level who will understand the technical, financial, and
managerial components of sustainability
• Reduce the guaranteed term for providing service to an
area from 30 years to 15 years
• This would match the lifecycle of the hard assets
deployed with the grant funding
• Ensure the advisory board has someone who has been a
provider
• They will be uniquely qualified to identify issues
• Include language to streamline permitting
• Coordination between state and federal agencies will
facilitate getting to the construction phase
• Coordinate with Native villages
CHAIR COSTELLO expressed appreciation for the review and his
experience.
2:15:21 PM
MARK GOLDSTEIN, President, International Research Center (IRC),
Phoenix, Arizona, advised that IRC is a 30-year-old company that
works in the areas of broadband, and smart technologies for
homebuilding and cities and things that intersect with
broadband. He recounted his professional credentials related to
broadband.
[Mr. Goldstein's testimony was interrupted due to technical
difficulties.]
2:16:45 PM
MR. GOLDSTEIN recounted his Alaska-focused client work with both
Quintillion Networks and through a firm that writes grants for a
number of Alaska Native tribes.
MR. GOLDSTEIN echoed Mr. Rupe's comments about the efforts the
Alaska broadband office will need to undertake and how to staff
for those efforts. He agreed that adequate staffing is critical
to ensure compliance between the state and the grantees and the
state and the federal government. He also highlighted the
importance of using technical resources to inform strategic
processes and evaluate the technical viability of grant
applications. He voiced support for the paid position for the
technologist and dedicating substantial bandwidth to the effort.
2:18:43 PM
MR. GOLDSTEIN turned his attention to the issue of mapping. He
questioned having a mechanical engineer on the technical
advisory committee and emphasized the need for the committee to
have expertise in mapping and socioeconomic analysis. He agreed
that the amount of money Alaska is slated to receive is
unprecedented, but pointed out that it will not bring fiber to
all areas of the state. Some areas will be oversubscribed in the
grants received and some will be left out. The idea of mapping
and a socioeconomic analysis is to ensure a methodology for
allocating spending for both fiber and wireless. He voiced
support for the technology agnosticism in that regard.
MR. GOLDSTEIN highlighted that Alaska is unique among all states
in the number of Native villages and entities interested in
Educational Broadband Service (EBS) frequencies. He opined that
the Commerce authority was the right track.
MR. GOLDSTEIN provided specific recommendations on the 363
language. Under the powers to make grants and loans he strongly
suggested:
• In addition to unserved and under-served communities, add
the term "community anchor institutions." Both the U.S.
Treasury and IIJA allow grant programs and grants
specifically to schools, libraries and higher education. In
some circumstances health care is also allowed. He said
that category is in statute for both of the large pools of
money, so it makes sense to recognize the granting
authority for those kinds of institutions directly.
• In addition to the focus on infrastructure deployment, he
suggested mentioning the power and scope to develop and
manage digital equity initiatives and grant programs in the
digital equity space. For example, $3 billion in block
grants and $15 billion for consumer monthly subsidies is
moving to the state. Digital equity that is not consumer
subsidies is usually for things like giving away devices
and services and paying for community centers.
CHAIR COSTELLO thank him for the review and expressed
appreciation for his expertise.
2:23:50 PM
MARK SPRINGER, representing self, Bethel, Alaska, stated that he
is a private consultant who currently is working in the tribal
broadband arena. He mentioned Ms. McCall's review of the latest
version and said he was pleased that the provision for the
parity adjustment fund was removed. There is no need for it if
the extension of fiber to rural areas results in costs
comparable to what Anchorage is paying. He commented on and
provided suggestions in the following areas:
• It will be a huge job for the broadband office to write
regulations, particularly in the area of applicant
qualifications for the loans.
• He suggested the advisory board specifically have a
telecommunications representative and a community-based
taskforce
• He urged including capacity for Alaska Public Broadcasting
and the Public Broadcasting System (PBS) to improve
programming into rural Alaska.
• He mentioned the authority of the broadband office and
urged respect for the inherent sovereignty of Alaska Native
tribes to develop and carry out their own broadband
planning for the federal funding they receive. There should
be no concern that a state plan may override a tribe's plan
to provide service.
• Regardless of the system a village has, the Middle Mile
will be reaching back to connect to all the other
networks in Alaska and the country so that shouldn't be
an issue.
2:27:38 PM
MR. SPRINGER concluded his comments saying his wish is that the
final bill does not contain the provision for the parity
adjustment fund and that it does maintain the neutrality of the
advisory board.
CHAIR COSTELLO thanked him for his testimony.
2:28:30 PM
SHAWN WILLIAMS, Vice President of Government Affairs and
Strategy, Pacific Dataport, Anchorage, Alaska, provided the
following prepared testimony on HB 363:
[Original punctuation provided.]
We are the locally-owned satellite middle mile
provider located in Anchorage launching two
satellites over 100% of Alaska and connecting more
than 110,000 rural Alaskans with broadband. Our first
of two satellites will launch in August and the second
will launch in 2024.
I'm going to keep my testimony short and simple. The
committee substitute (CS) version that Chair Costello
is bringing forward today is supported by the
stakeholders who previously had concerns about HB 363.
It takes into consideration what other states have
actually done to simply establish an office of
broadband. This CS has several changes that are
important to us:
• Removes the non-sensical parity fund
• Adjusts for better provider representation and
community engagement
• Includes all the IIJA requirements known to date
• Promotes competition
• Does not deprioritize the tribes in the award
consideration process
• Includes all technologies possible and
• Establishes a broadband office with the goal of
serving every household in Alaska
Finally, Chair Costello's CS has the changes we needed
and wanted. We appreciate that this CS version
prioritizes the unserved and works to organize
Alaska's broadband funding. We encourage the spirit of
competition and anything that promotes broadband
expansion, efficiency, lower prices, better service,
competition, and a free market we believe the new CS
version does this.
I would like to thank this committee and our bill
sponsor for addressing such a major challenge for
Alaska.
2:30:35 PM
LESIL MCGUIRE, Consultant, OneWeb, Anchorage, Alaska, stated
that OneWeb was the first company to build a low earth orbit
(LEO) constellation for more powerful connections for Alaskans
and others. She noted that she was also testifying as a lifelong
Alaskan who cares deeply about the policies that will be
established for broadband. She advised that she joined OneWeb in
the belief that having capacity from the first LEO satellite
constellation is one of the many solutions needed to close the
digital divide.
To date, she said OneWeb has successfully launched 423
satellites so it now fully covers Alaska and the Arctic. They
also have four meaningful partnerships with Alaska companies and
tribes. She invited the members to the Anchorage office for a
demonstration.
She provided the following comments on the Senate committee
substitute for HB 363:
• Carefully consider the composition of the broadband office
and Broadband Advisory Board to ensure a subjective
outlook.
• She liked the way the SCS interweaves a strong broadband
office mission in the findings section.
• An advisory board that is scientifically oriented will make
objective decision making more likely.
• Ensure the grant process is overseen by people with the
expertise to understand the difficulties associated with
building broadband projects.
• Ensure sufficient capital and technology underpinnings to
move to fruition
• She voiced support for the community-engagement taskforce
pulling in a myriad of stakeholders.
• Importantly, the SCS provides a strong framework and a good
interweaving of legislative objectives with flexibility in
the IIJA regulation process.
• She voiced support for the definitions section,
particularly for "underserved area" and "unserved area."
• She liked the adherence to the Administrative Procedures
Act because it gives the public the opportunity to see the
proposed regulations throughout the process.
MS. MCGUIRE expressed appreciation for the open-minded, curious
technology approach of the Senate CS for HB 363 and emphasized
the importance of laying the right foundation for awarding the
grants.
CHAIR COSTELLO thanked her for her service to the state in her
current capacity and also as a former member of the Senate.
SENATOR STEVENS said he was pleased to hear her voice and her
presence as a member of the Senate was missed.
MS. MCGUIRE thanked him for the warm comments.
SENATOR MICCICHE said he too appreciated hearing her voice.
CHAIR COSTELLO listed the individuals online to answer
questions.
2:39:25 PM
BRITTANY WOODS-ORRISON, Broadband Specialist, Alaska Public
Interest Research Group and Native Movement, Fairbanks, Alaska,
stated that her position was created recently to educate users
on broadband issues and create a network of advocates to
overcome the digital divide. She described Alaska as one of the
most disconnected states in the nation and pointed out that
indigenous communities are disproportionately affected. She
conveyed her belief that the 2.5 gigahertz spectrum licenses
that the FCC has awarded to Alaska tribes were the key to
helping tribes employ their own people, control their own
networks, and resolve their own issues. She highlighted the
importance of knowing the geography of an area to successfully
build out broadband and pointed out that the people living in
these indigenous communities already possess that knowledge.
2:41:40 PM
CHAIR COSTELLO closed public testimony on HB 363.
2:41:47 PM
At ease
2:45:45 PM
CHAIR COSTELLO reconvened the meeting and stated she would hold
HB 363 in committee to allow the members to review the SCS. She
noted that she would not adjourn the meeting until later in the
day.
SB 181-IDENTIFICATION OF CONTRACTOR IN ADS
2:46:11 PM
CHAIR COSTELLO announced the consideration of SENATE BILL NO.
181 "An Act relating to identification requirements for
contractors."
She noted that this was the first hearing and the intention was
to hear the introduction, take public testimony, respond to
questions, and look to the will of the committee.
2:46:40 PM
SENATOR SHELLEY HUGHES, Alaska State Legislature, Juneau,
Alaska, sponsor of SB 181, paraphrased the following sponsor
statement:
[Original punctuation provided.]
Since 1968, contractors and home inspectors in the
State of Alaska have been statutorily required to list
their name, mailing address, and registration number
in all advertising. Additionally, contractors have had
a fourth requirement of listing their principal place
of business in any advertisements. This requirement
can incur great expense for contractors, particularly
those looking to advertise in print, radio, or
television where each additional word or line
increases the cost. Furthermore, contractors and home
inspectors in Alaska may operate more than one
registered business which are advertised together.
This may require the contractor to list multiple
registration numbers within the same advertisement.
Senate Bill 181 amends the current statute by allow
contractors and home inspectors to substitute their
internet website or landing page in their
advertisements which contains the statutorily required
identifying information rather that list all the
required information directly within the
advertisement. Additionally, this bill requires
contractors to specify that the internet website or
landing page provided contains the information
required under statute for the benefit of the viewer
of the ad.
These amendments are proposed in order to spare costs
and streamline the advertisement process for
contractors and home inspectors.
2:48:48 PM
DANIEL PHELPS, Staff, Senator Shelley Hughes, Alaska State
Legislature, Juneau, Alaska, presented the sectional analysis
for SB 181 on behalf of the sponsor:
[Original punctuation provided.]
SB 181: IDENTIFICATION OF CONTRACTOR IN ADS
Version G
"An Act relating to identification requirements for
contractors."
Sectional Analysis Version B
Section 1 AS 08.18.051 (b) Page 1, Line 3 through
Page 1, Line 12
Amends AS 08.18.051 regarding identification
requirements for contractors in advertisements. The
new language specifies that a contractor's internet
website or landing page satisfies the contractor's
identification requirements in advertisements so long
as it contains the identifiers required under AS
08.18.051 and the advertisement states that the
required information is contained on the contractor's
Internet website or landing page.
Section 2 AS 08.18.053 (b) Page 1, Line 13 through
Page 2, Line 6
Amends AS 08.18.053 regarding identification
requirements for home inspectors in advertisements.
The new language specifies that a home inspector's
internet website or landing page satisfies the home
inspector's identification requirements in
advertisements so long as it contains the identifiers
required under AS 08.18.051 and the advertisement
states that the required information is contained on
the home inspector's Internet website or landing page.
Section 3 AS 08.18.171 Page 2, Line 7 through Page
2, Line 10
Amends AS 08.18.171 by adding a definition of "landing
page" to the definitions for Alaska Statute Title 8
Chapter 18.
CHAIR COSTELLO asked if other states had similar legislation and
if the original notice requirements apply in communities that
don't have internet access.
MR. PHELPS replied that this provides an option for contractors
to use the internet. The original language remains in statute
and the required information is the same whether the
advertisement is online or not.
CHAIR COSTELLO asked if there was any specific support or
opposition to the legislation.
SENATOR HUGHES said her office had heard no opposition to the
bill and the industry was supportive. She deferred to Mr. Phelps
to discuss the support.
2:51:25 PM
MR. PHELPS advised that the bill had received verbal support
from ADT and the Division of Corporations, Business, and
Professional Licensing and the companion House bill had written
support from the Alaska General Contractors Association. He
offered to provide a copy of that letter.
CHAIR COSTELLO asked if there were any consumer protection
concerns the committee should be aware of, and if an agency was
charged with checking that the contractor's internet website or
landing page for the required information actually existed.
SENATOR HUGHES said it would have to come to the attention of
the Department of Commerce, Community and Economic Development
(DCCED) and she believes the department is open to such reports.
To the question about a business that advertises in an area that
has no internet, she said she believes a business in that
situation would make sure their information was available as
required under the current statute.
SENATOR MICCICHE asked if someone who advertises on a website or
Facebook page would fall under the definition of "contractor" if
this legislation were to pass.
2:54:32 PM
GLENN HOSKINSON, Deputy Director, Division of Corporations
Business and Professional Licensing, Department of Commerce,
Community and Economic Development, Juneau, Alaska, advised that
anyone who is advertising, offering, or performing services that
fall under the definition of "construction contractor" must be
licensed and this legislation doesn't change that. The only
change SB 181 makes is to allow contractors to show their
website address in lieu of listing the required information on
the advertisement.
2:55:22 PM
CHAIR COSTELLO opened public testimony on SB 181; finding none,
she closed public testimony on the bill.
She stated she would hold the bill for future consideration.
2:55:52 PM
At ease
2:56:09 PM
CHAIR COSTELLO reconvened the meeting.
2:56:12 PM
SENATOR MICCICHE moved to report CSSB 181(CRA), work order 32-
LS1404\G, from committee with individual recommendations and
attached fiscal note(s).
CHAIR COSTELLO found no objection and CSSB 181(CRA) was reported
from the Senate Labor and Commerce Standing Committee.
SB 237-AMBULATORY SURGICAL EMPLOYEES: OVERTIME
2:56:38 PM
CHAIR COSTELLO announced the consideration of SENATE BILL NO.
237 "An Act exempting certain ambulatory surgical center
employees from overtime pay requirements; and providing for an
effective date."
She noted that this was the first hearing and Deputy
Commissioner Munoz would provide the introduction.
2:57:18 PM
CATHY MUNOZ, Deputy Commissioner, Department of Labor and
Workforce Development, Juneau, Alaska, thanked the committee for
hearing SB 237 that would exempt certain ambulatory surgical
centers employees from the requirements of overtime pay.
She explained that federal and state laws govern the payment of
overtime. For purposes of paying overtime, federal law defines
the threshold as more than a 40-hour work week and state law
further defines the threshold as greater than 40 hours per week
or eight hours per day. AS 23.10.060 lists a number of
professions that are exempt from the eight-hour threshold for
calculating overtime. This list includes hospital employees who
work in the direct provision of medical services.
SB 237 adds employees working in ambulatory surgical centers who
provide direct medical care to the list of professions exempted
from the eight hour daily threshold for purposes of overtime
calculation. Importantly, the federal 40-hour work week
threshold would still apply, just as it applies to all the
exempted professions in state law.
MS. MUNOZ said this change provides parity. Ambulatory surgical
centers would be able to offer the same flexible scheduling to
employees that provide direct medical care as hospital employees
in similar positions.
She noted that Alecia Rathlin was available to answer questions
about the wage and hour law.
2:59:43 PM
SENATOR STEVENS asked if this means that someone who has already
worked an eight-hour day could be taking care of a surgery
patient such as himself.
MS. MUNOZ responded that current law allows hospitals to offer
flexible scheduling within the 40-hour work week such as four
10-hour days or three 12 hour days. SB 237 would provide the
same option to ambulatory surgical centers.
SENATOR STEVENS expressed dismay.
MS. MUNOZ replied it isn't a requirement. It's a scheduling
option that hospitals are able to offer these certain employees,
and employees from ambulatory surgical centers have requested
the same scheduling flexibility. She described it as a
recruitment tool.
CHAIR COSTELLO asked Senator Stevens if he would like Alecia
Rathlin to respond to his concern.
SENATOR STEVENS said yes; he asked Ms. Rathlin for her
perspective of the bill.
3:01:15 PM
ALECIA RATHLIN, Investigator, Wage and Hour Office, Division of
Labor Standards and Safety, Department of Labor and Workforce
Development (DOLWD), Anchorage, Alaska, explained that Alaska
wage and hour law does not prohibit employees from working more
than eight hours a day, but they must be paid overtime for the
time they work over that threshold. SB 237 provides an exemption
for that overtime pay.
SENATOR STEVENS summarized his understanding that the bill
doesn't change the work day or week; it's just about doing away
with overtime pay.
MS. RATHLIN agreed.
3:02:07 PM
CHAIR COSTELLO opened public testimony on SB 237.
3:02:21 PM
PAM VENGEN, Executive Director, Alaska State Medical Association
(ASMA), Anchorage, Alaska, stated that ASMA represents
physicians throughout Alaska and she was speaking in support of
SB 237, which would make it easier for surgery centers to
schedule employees. Nurses and other surgical staff who work in
hospitals have the option of working a longer shift than eight
hours. A typical schedule for these employees is to work three
12-hour days and have four days off in a week. SB 237 would
allow ambulatory surgery centers to offer similar flexible
schedules to their surgical employees, which would place them on
equal footing with hospitals and make it easier to attract and
retain surgery staff. She clarified that the schedule would be
an option for employees, not a requirement. The medical
association supports this bill.
SENATOR STEVENS asked if she thought this would lead to more
people working more than eight hours a day.
MS. VENGEN replied that the number of people working more than 8
hours a day might increase, but the bill does not change the 40
hour per week threshold for paying overtime. Anyone who works
more than 40 hours per week would be paid overtime. She
reiterated that the bill simply allows surgery centers the same
flexible scheduling that hospitals offer.
SENATOR STEVENS asked if this was a money saving effort.
MS. VENGEN replied it would save some money by not paying
overtime, but these employees currently have no option other
than to work five days a week. Employees who might want to work
three 12-hour shifts each week currently do not have that option
if they work for a surgery center. Only hospitals are able to
offer these schedules.
SENATOR STEVENS said it didn't make sense that somebody who had
worked a 12 hour day might be doing surgery.
MS. VENGEN clarified that the bill does not apply to surgeons;
it's about medical support staff.
SENATOR STEVENS maintained his position.
MS. VENGEN pointed out that hospital employees who work in the
direct provision of medical services currently have the option
and do work those shifts.
3:06:03 PM
SENATOR GRAY-JACKSON offered her understanding that SB 237
allows flex time.
MS. VENGEN answered yes, and noted that representatives from
surgery centers were online to answer questions.
3:06:31 PM
SENATOR MICCICHE asked if she was saying that hospitals
currently are able to offer this scheduling. He also asked where
in statute health care centers that are hospitals are separated
from health care centers that are ambulatory surgery centers.
MS. VENGEN replied that current statute allows hospitals to
offer flex time, but surgery centers are not mentioned. She
deferred further comment to Ms. Munoz.
MS. MUNOZ directed attention to the provision regarding payment
of overtime in AS 23.10.060(d)(12).
(d) This section does not apply to
(12) an employee of a hospital whose employment
includes the provision of medical services;
SENATOR MICCICHE observed that this places ambulatory surgery
centers on an equal footing with hospitals. He said he assumes
that overtime would be paid to employees in both hospitals and
ambulatory surgery centers who work more than 40 hours in a
week.
MS. MUNOZ answered that the 40 hour threshold is federal law and
that doesn't change. The bill exempts the eight hour per day
threshold.
3:08:19 PM
CHAIR COSTELLO questioned whether this might result in fewer
people volunteering to work overtime.
MS. MUNOZ deferred the question to representatives from surgical
centers, but pointed out that representatives and employees
brought the idea forward.
CHAIR COSTELLO asked Ms. Vengen for her perspective.
MS. VENGEN replied the employee would have the choice of working
five eight-hour days with an opportunity for some overtime or
three 12-hour days without any overtime.
SENATOR STEVENS maintained his position that someone who works
more than eight hours in a day should be paid overtime.
SENATOR GRAY-JACKSON relayed that the Municipality of Anchorage
offers employees nine 80s, which is to work 80 hours in a two
week period in nine days. She asked if that would be an option,
should the bill pass
3:10:19 PM
MS. RATHIN said she believes the two separate overtime
exemptions are being conflated. The overtime exemption for flex
plans requires the employee to agree to participate voluntarily.
The exemption proposed in SB 237 does not require voluntary
participation by the employee.
SENATOR GRAY-JACKSON clarified that she was just providing an
example.
CHAIR COSTELLO turned to public testimony.
3:11:22 PM
KEVIN BARRY, CEO, Alaska Surgery Center (ASC), Anchorage,
Alaska, stated strong support for SB 237 to give ambulatory
surgery centers the option of offering current and prospective
surgical staff the option of a flexible work schedule.
MR. BARRY pointed out that working people place more value on
family time now and they're choosing work options that are more
flexible. Current state law restricts surgery centers from
offering flex schedules even though hospitals have this option,
which is a distinct disadvantage.
MR. BARRY said Alaska has a shortage of health care
professionals and the center's recent interviews have shown that
nurses in particular want the option of working 12 hour shifts.
When candidates have asked about working 12-hour shifts the
center has had to explain that surgery centers are not allowed
to offer that option. Many of the nurses stated that was the
only reason they turned down the job offer. They view this as an
important option for their personal and family life.
SB 237 would allow surgery centers to offer the same shift
options to medical staff that hospitals enjoy. It has nothing to
do with taking away overtime. Shifts that are overtime eligible
after eight hours will still be available. SB 237 simply puts
surgery centers on equal footing with hospitals.
3:14:20 PM
SENATOR STEVENS asked if the idea was to save money by not
paying overtime.
MR. BARRY replied this would be an option. Employees may choose
to stay on an eight-hour five days a week shift.
SENATOR STEVENS asked if it would save the center money by not
paying overtime.
MR. BARRY replied it would save the center some overtime pay,
but the employee would have four days off each week and that's
what they're asking for.
SENATOR STEVENS pointed out that the center could offer 12-hour
shifts and pay overtime after eight hours. He maintained his
view that this was avoiding paying overtime.
MR. BARRY said the center only schedules employees for eight
hours and if they work more than that they're paid overtime. But
if the goal is to work just three days a week and be employed
full time, it would be an advantage for the surgery center and
the employee if this option were available.
SENATOR STEVENS offered his understanding that the center was
still saving money by not paying overtime.
MR. BARRY agreed, [should SB 237 pass,] that the center would
not pay overtime for those employees that chose the option to
work just three days a week and be employed full time.
CHAIR COSTELLO asked Mr. Jayne to provide his testimony and
respond to any questions that have come up.
3:16:09 PM
BRUCE JAYNE, CEO/Administrator, Surgery Center of Anchorage
(SCA), Anchorage, Alaska, stated strong support for SB 237. He
said he's worked in health care for 39 years, both in hospitals
and ambulatory surgery centers. He related that one thing that
appeals to people starting a nursing career is the ability to
work the shifts they choose. Nurses are in demand and hospitals
are able to offer three 12-hour shifts in a week if that's what
the nurse wants. Many like the option of a four-day weekend. He
agreed with Mr. Barry that nurses are asking for this option but
it's not an option for ambulatory surgery centers at this time.
In response to Senator Steven's concern, he said SCA does not
run its operating rooms for 12 hours, but it does provide
extended patient care. He agreed that, should SB 237 pass, SCA
wouldn't pay overtime to medical staff who opt to work three 12-
hour shifts per week, but that's generally what nurses were
asking for.
MR. JAYNE said many hospital medical staff are accustomed to
working 12-hour shifts and like the lifestyle it affords. That's
still what they're looking for when they decide they want to
change to a different type of facility. Not being able to
accommodate such requests inhibits a surgery center's ability to
recruit in this market, he said.
SENATOR STEVENS said he agrees that employees should have the
choice, but it seems that the advantage of passing the bill is
that surgery centers wouldn't have to pay overtime to employees
who work 12 hours. He asked if that was true.
MR. JAYNE replied that would be part of the outcome, but the
goal of the legislation is to put surgery centers on equal
footing with hospitals for the purposes of recruiting staff.
3:20:03 PM
SENATOR MICCICHE said he didn't have a problem with the bill
since hospitals already have this option, but he was curious
about the three letters of opposition. He expressed interest in
hearing that perspective.
CHAIR COSTELLO asked if the surgery center offers this schedule.
MR. JAYNE said there are two nurses who work flex 10s; they
wanted the shift specifically for their home life.
3:22:04 PM
MARY HOPKIN, representing self, Anchorage, Alaska, stated that
she is a nurse who manages an operating room in a surgery
center, and she requested this legislation. In the past the
state Board of Nursing has denied a 12-hour shift to surgery
centers and they want this option. The center currently offers 8
and 10 hour shifts and any work beyond those predetermined times
is considered overtime. She expressed the desire to be on equal
footing with the hospital in hiring staff. People want 12-hour
shifts because it works for their personal and family life, but
the only places that offers that currently are hospitals.
CHAIR COSTELLO asked her to talk about a 12-hour shift and if
there is any downtime or a diminution of energy at the end of
the shift.
MS. HOPKINS said someone who is working a 12-hour shift isn't
necessarily going to be working at high acuity for all 12 hours.
They're doing other things to help run the surgery center.
3:24:35 PM
SENATOR GRAY-JACKSON asked, if SB 237 passes, would an employee
who works a regular eight hour shift receive overtime if they
worked more than eight hours.
MS. HOPKINS said her understanding is they would receive
overtime. In the surgery center people are hired for 5 8s, 4,
10s, or 3 12s and any work beyond that predetermined number of
hours is considered overtime.
SENATOR GRAY-JACKSON said she asked the question to get the
answer on the record.
3:25:42 PM
BRIAN BERG, Leadership Team, Alpine Surgery Center (ASC),
Anchorage, Alaska, stated that working shifts that are longer
than eight hours is an option that is available to nurses in
certain settings, but these shifts are not eligible for
overtime. Whether or not to choose a longer shift is a personal
choice. It is not a mandate or a way to restrict pay or a way to
prevent a nurse from receiving the overtime benefit. It is a
quality of life choice some nurses are looking for. A nurse who
chooses a 12 hour shift has appropriate breaks, lunch time, and
down time to ensure safe and quality standards of patient care
are maintained.
SB 237 proposes to extend the ability to offer longer than eight
hour shifts to ambulatory surgery centers so they can offer
nurses the same schedules that hospitals are able to offer.
3:27:36 PM
CHAIR COSTELLO closed public testimony on SB 237.
3:27:41 PM
At ease
3:31:14 PM
CHAIR COSTELLO reconvened the meeting.
SENATOR MICCICHE asked where in statute it says hospitals can
offer 12-hour shifts.
MS. MUNOZ answered that the exemption is in the overtime section
that she read into the record earlier. She deferred to Ms.
Rathlin to discuss the law that specifically addresses overtime
for nurses.
3:32:20 PM
MS. RATHLIN explained that there are two separate exemptions.
The first exempts hospitals from the overtime requirement, and
it is this statute that SB 237 proposes to amend to include
ambulatory surgery centers. The second exemption is found in AS
23.10.060(d)(14) pertaining to flex plans. Employers must
specifically apply to the Wage and Hour Office for approval of a
flex plan and the statute limits those to up to 10 hours per
day. This statute would prevent the Wage and Hour Office from
approving an employer request for of a 3 12s schedule.
CHAIR COSTELLO asked if another approach would be to amend the
flex plan statute by extending the 10 hour limit to 12 hours.
MS. RATHLIN agreed that would work.
SENATOR GRAY-JACKSON said she'd like to see the statute.
3:34:34 PM
CHAIR COSTELLO explained her reasoning was to amend the section
of law pertaining to flex plans and extend the 10 hour limit to
12 hours.
SENATOR MICCICHE pointed out that AS 23.10.060(d)(12) is
specific to hospitals and if the statute relating to flex plans
were amended it would apply to all employers, not just
ambulatory surgery centers that made the specific request.
He observed that AS 23.10.060(d)(12) doesn't specifically say
that someone hired for an eight hour per day five days per week
schedule would be paid overtime if they worked more than eight
hours in a day.
3:36:51 PM
MS. MUNOZ said federal law requires employers to pay overtime
for work in excess of 40 hours per week. The specific addition
of ambulatory surgery centers under the exemption in AS
23.10.060(d)(12) allows for the exemption of the eight hour
threshold. She agreed that amending the flex plan exemption
would be a broader umbrella. She suggested Ms. Rathlin clarify
that for the record.
3:37:31 PM
MS. RATHLIN confirmed that was accurate.
CHAIR COSTELLO commented on the health and safety reasons for
limiting work hours for certain professions and noted that the
bill extends what hospitals are already able to offer certain
employees to ambulatory surgical centers. She opined that it
comes down to how comfortable the committee is with that idea.
SENATOR MICCICHE posed a hypothetical situation of an employee
with a 4 10s schedule who works 12 hours the first three days of
the week. He said his concern is that an employer might send
that employee home after they work four hours on Thursday, even
if they're needed, to avoid the federal 40/hour/week threshold
for paying overtime. He restated his wish to hear from people
who opposed the legislation to understand whether that was their
concern.
3:40:57 PM
SENATOR GRAY-JACKSON said it's a good point because some people
really want overtime.
CHAIR COSTELLO advised that three letters of opposition have
been mentioned, but one individual wrote two of those letters;
one to her as chair and another letter to the committee.
She asked Mr. Barry to address the concerns that have been
articulated during the hearing.
MR. BARRY stated that the bill is not intended to take advantage
of anybody or game the system. Should the bill pass, ambulatory
surgery centers would still offer eight and ten hour shifts. The
bill would simply allow these centers to offer 12 hour shifts.
Nurses primarily are asking for this option and it's already
available if they work in a hospital. Prospective employees are
turning down work in surgery centers because they can't get the
longer shifts that they want or have become accustomed to.
3:43:30 PM
CHAIR COSTELLO said she believes that the individual who wrote
one of the letters of opposition misunderstands the effect of
the bill. She read the following excerpt:
Singling out the medical field on this bill is wrong
and unfair. Often times we are asked to stay past our
8 hour shift to complete ELECTIVE surgeries. Taking
away overtime pay for 8 hour shifts will breed
reluctance to stay and work later. This is an
incentive to stay, and taking it away is wrong.
CHAIR COSTELLO asked Mr. Barry to confirm that a person who
signs up for an eight-hour shift will receive overtime if they
work longer than eight hours in a day.
MR. BARRY said that's correct and the same is true for a 10-hour
shift. He also noted that the federal threshold always applies
so someone who works 4 10s and comes to work on day five will be
paid overtime on that day. He clarified that a surgery center
can't operate with all employees on a 12-hour shift, but they
want to be able to make that offer. He restated that everyone
who works overtime is paid overtime and SB 237 wouldn't
eliminate that.
CHAIR COSTELLO summarized that ambulatory surgery centers are
only able to offer eight- and ten-hour shifts, although current
and prospective employees are asking for the option to work 12-
hour shifts. Only hospitals are able to offer 12-hour shifts and
surgery centers may lose prospective employees as a result.
MR. BARRY said that's correct but it's not that they may go to
hospitals; that's already happening. Some people are accustomed
to a 12-hour shift and like the lifestyle it affords.
SENATOR MICCICHE said he didn't object to moving the bill. He
believes that ambulatory surgery centers should be on equal
footing with hospitals in this regard. He commented that the
individual who objected to the bill may not realize that
hospitals already have this ability.
CHAIR COSTELLO offered her belief that the [title] caused some
of the confusion. She asked Mr. Barry if someone who is on a 12-
hour shift ever works overtime.
MR. BARRY said it hasn't happened at the Alaska Surgery Center
and he couldn't see that it would, but if it did they would be
paid overtime.
MS. MUNOZ pointed out that there is a shortage of health care
workers and COVID has made people aware of the benefit of having
more flexibility in their work schedules. Anything that makes
employment in this industry more attractive is worth
considering.
3:47:56 PM
At ease
3:48:35 PM
CHAIR COSTELLO reconvened the meeting and solicited a motion.
3:48:40 PM
SENATOR MICCICHE moved to report SB 237, work order 32-GS2117\A,
from committee with individual recommendations and attached zero
fiscal note(s).
CHAIR COSTELLO found no objection and SB 237 was reported from
the Senate Labor and Commerce Standing Committee.
3:49:18 PM
CHAIR COSTELLO recessed the meeting to a call of the chair.
6:54:46 PM
CHAIR COSTELLO reconvened the meeting. Present at the call to
order were Senators Gray-Jackson, Micciche, and Chair Costello.
HB 363-BROADBAND: OFFICE, GRANTS, PARITY
6:54:58 PM
CHAIR COSTELLO announced the consideration of CS FOR HOUSE BILL
NO. 363(FIN) "An Act establishing the office of broadband;
creating the broadband parity adjustment fund; establishing the
Statewide Broadband Advisory Board; and providing for an
effective date."
She solicited a motion to adopt Amendment 1.
6:55:13 PM
SENATOR MICCICHE moved Amendment 1 to HB 363.
AMENDMENT 1
HB 363
Version D
Page 2, line 31:
Remove "30"
Insert "15"
6:55:30 PM
CHAIR COSTELLO objected for discussion purposes. She explained
that the amendment reduces the time to maintain the
infrastructure for a broadband project from 30 years to 15
years. Earlier in the meeting the committee heard testimony that
the lifecycle of broadband infrastructure is about 15 years and
that 30 years didn't align with the federal legislation.
CHAIR COSTELLO removed her objection; finding no further
objection, Amendment 1 was adopted.
6:56:29 PM
At ease
6:56:49 PM
CHAIR COSTELLO reconvened the meeting and voiced support for the
bill.
SENATOR MICCICHE commented that the federal money to extend
broadband throughout the state was unprecedented and HB 363 was
an important piece to make it happen.
SENATOR GRAY-JACKSON said she was excited about the bill and
what it will mean to citizens in rural communities in
particular.
6:57:55 PM
SENATOR MICCICHE moved to report the [Senate] committee
substitute for HB 363, work order 32-LS1527\D, as amended, from
committee with individual recommendations and attached fiscal
note(s).
6:58:11 PM
CHAIR COSTELLO found no objection and SCS CSHB 363(L&C) was
reported from the Senate Labor and Commerce Standing Committee.
6:58:22 PM
There being no further business to come before the committee,
Chair Costello adjourned the Senate Labor and Commerce Standing
Committee meeting at 5:58 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 363 v. W.PDF |
SL&C 5/11/2022 1:30:00 PM |
HB 363 |
| HB 363 Sponsor Statement.pdf |
SL&C 5/11/2022 1:30:00 PM |
HB 363 |
| HB 363 Sectional Analysis v. W.pdf |
SL&C 5/11/2022 1:30:00 PM |
HB 363 |
| HB 363 Explanation of Changes.pdf |
SL&C 5/11/2022 1:30:00 PM |
HB 363 |
| HB 363 Fiscal Note 3379 - DCCED.pdf |
SL&C 5/11/2022 1:30:00 PM |
HB 363 |
| HB 363 State of Alaska NTIA Comment 02.04.22.pdf |
SL&C 5/11/2022 1:30:00 PM |
HB 363 |
| HB 363 Written Testimony received by 5.5.22.pdf |
SL&C 5/11/2022 1:30:00 PM |
HB 363 |
| SB 181 v. G.PDF |
SL&C 5/11/2022 1:30:00 PM |
SB 181 |
| SB 181 Sponsor Statement.pdf |
SL&C 5/11/2022 1:30:00 PM |
SB 181 |
| SB 181 Sectional Analysis v. G.pdf |
SL&C 5/11/2022 1:30:00 PM |
SB 181 |
| SB 181 Explanation of Changes v. B to v. G.pdf |
SL&C 5/11/2022 1:30:00 PM |
SB 181 |
| SB 181 Fiscal Note 2360 - DCCED.pdf |
SL&C 5/11/2022 1:30:00 PM |
SB 181 |
| SB 237 v. A.PDF |
SL&C 5/11/2022 1:30:00 PM |
SB 237 |
| SB 237 Hearing Request 4.15.22.pdf |
SL&C 5/11/2022 1:30:00 PM |
SB 237 |
| SB 237 Fiscal Note 345 - DOL.PDF |
SL&C 5/11/2022 1:30:00 PM |
SB 237 |
| SB 237 Letter of Support AK Surgery Center.pdf |
SL&C 5/11/2022 1:30:00 PM |
SB 237 |
| SB 237 Written Testimony as of 4.24.22.pdf |
SL&C 5/11/2022 1:30:00 PM |
SB 237 |
| SB 232 v. A.PDF |
SL&C 5/11/2022 1:30:00 PM |
SB 232 |
| SB 232 Sponsor Statement.pdf |
SL&C 5/11/2022 1:30:00 PM |
SB 232 |
| SB 232 Sectional Analysis v. A.pdf |
SL&C 5/11/2022 1:30:00 PM |
SB 232 |
| SB 232 Fiscal Note 345 - DOL.pdf |
SL&C 5/11/2022 1:30:00 PM |
SB 232 |
| HB 363 Work Draft v. D.pdf |
SL&C 5/11/2022 1:30:00 PM |
HB 363 |
| HB 363 Shawn Williams Written Testimony 5.11.22.pdf |
SL&C 5/11/2022 1:30:00 PM |
HB 363 |