Legislature(2023 - 2024)BARNES 124
04/24/2024 03:15 PM House LABOR & COMMERCE
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Audio | Topic |
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Start | |
HB375 | |
SB196 | |
SB228 | |
HB385 | |
HB325 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+= | HB 325 | TELECONFERENCED | |
+= | HJR 27 | TELECONFERENCED | |
+= | HB 385 | TELECONFERENCED | |
+ | TELECONFERENCED | ||
+= | SB 196 | TELECONFERENCED | |
+ | SB 228 | TELECONFERENCED | |
+= | HB 375 | TELECONFERENCED | |
SB 228-EXTEND BOARD OF MASSAGE THERAPISTS 4:40:33 PM CHAIR SUMNER announced that the final order of business would be SENATE BILL NO. 228, "An Act extending the termination date of the Board of Massage Therapists; and providing for an effective date." 4:40:47 PM SENATOR JESSE BJORKMAN, Alaska State Legislature, as prime sponsor, presented the sponsor statement for SB 228 [included in committee packet], which read as follows [original punctuation provided]: Senate Bill 228 proposes to extend the sunset date of the Board of Massage Therapists by six years. In the fall of 2023, our Division of Legislative Audit completed a sunset audit of the Board. In this audit, it was determined that overall, the Board has operated in the public's interest by conducting its meetings in an effective manner as well as actively amending regulations to address statutory changes, improving the licensing process, and enhancing public safety. As you make an in-depth review the audit, you will see our auditor made note of four issues which should be addressed by the Board and the Department as it moves forward. First, the Department staff should help develop standards to ensure license approvals are not based on outdated documentation; the Commissioner should work to improve recruitment and retention of investigators as well as DCBPL licensing staff and the Board should give consideration to increasing licensing fees. Currently, the Board will sunset on June 30, 2024. To allow the Board to continue working in the public interest, SB 228 follows the recommended six-year extension to June 30, 2030. I urge your support of this legislation. 4:43:21 PM ANNETTA ATWELL, Chair, Board of Massage Therapists, provided additional context as to the Board of Massage Therapists' ("the board") pursuit of extension, per SB 228. She explained that three of the four areas of concern identified by Kris Curtis, legislative auditor, would be borne by the Division of Corporations, Business and Professional licensing (DCBPL). The fourth item, which suggests raising the licensing fee to keep the board from incurring additional debt, is a concern that the board shares. She said the board would work with the state to establish fees that are justified for correct spending and assured the committee that the increase would occur at the end of the year. She added that the board would continue to meet quarterly and thanked the legislature for working with her as she transitioned into her new role as chair. She said the following items would help her efficiently lead the board: identifying key staff members to streamline questions and pursuing communication with other committees. She noted that statutes and regulations concerning the board's scope of practice would be addressed in the June quarterly meeting. 4:47:35 PM REPRESENTATIVE FIELDS said he would be comfortable with voting to advance the executive order (EO) now, given the breadth of discussion and testimony on the board. CHAIR SUMNER said he would prefer to give the committee the opportunity to amend the bill first. 4:48:46 PM REPRESENTATIVE RUFFRIDGE asked whether Ms. Curtis had anything to add with regard to the audit. KRIS CURTIS, Legislative Auditor, Legislative Audit Division, Legislative Agencies and Offices, noted that the following recommendations were repeatedly seen across occupational board audits this year: recommending that the commissioner work with policy makers to improve recruitment and retention; recommending an increase in fees; recommending that documents older than six months be resubmitted. REPRESENTATIVE RUFFRIDGE asked what the lack of funds is attributable to. MS. CURTIS directed attention to Exhibit 3 on page 9 of the board's sunset audit [included in the committee packet], noting that the board was awarded "quite a bit" of general funds to help mitigate the financial impact of the COVID-19 Pandemic, which caused many boards to delay a fee increase. In addition, a request by the Department of Commerce, Community & Economic Development (DCCED) to shift the funding source for all investigation costs to the general fund (GF) was denied by the legislature last year. As a result, the December 2023 renewal cycle did not include a fee increase, as management believed that investigative costs would have been borne by the GF and as such, did not have time to re-do their funding analysis. 4:51:48 PM REPRESENTATIVE CARRICK questioned whether staff challenges and investigations are specific to this board or whether the legislature could expect to see them in other audits for board extensions going forward. MS. CURTIS said it's a typical challenge that's become more frequent in recent years. She noted that generally, when a board has a general administrator, there is lower turnover. REPRESENTATIVE CARRICK asked whether the general administrator works for DCBPL or the board. MS. CURTIS clarified that [the Board of Massage Therapists] does not a general administrator; however, some boards have a dedicated executive administrator in statute, which is a higher paid position than typical occupational licensing staff. 4:53:56 PM REPRESENTATIVE PRAX asked Ms. Robb for feedback on the audit. SYLVAN ROBB, Director, Division of Corporations, Business, and Professional Licensing (DCBPL), Department of Commerce, Community & Economic Development (DCCED), acknowledged that the division faced severe staffing challenges during the pandemic with a 35 percent vacancy rate on the professional licensing team. She reported that staffing shortages have improved resulting in better training and oversight for new staff. She anticipated that the change in fees would be addressed in the board's next renewal. REPRESENTATIVE PRAX asked whether a dedicated administrator would be warranted for the board. MS. ROBB said the board does not require that level of support. She explained that staffing is in a good place, adding that the division has worked to reclassify some positions to create higher levels of oversight for boards without executive administrators. REPRESENTATIVE PRAX asked whether the committee should schedule a time to hear from the board. MS. ROBB said that would be a policy call. 4:58:26 PM CHAIR SUMNER announced that SB 228 would be held over.