Legislature(2023 - 2024)BARNES 124

04/24/2024 03:15 PM House LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 4:30 PM --
+= HB 325 BUSINESS LICENSE FEES TELECONFERENCED
Moved CSHB 325(L&C) Out of Committee
+= HJR 27 SUPPORTING CERTAIN US TRADE POLICIES TELECONFERENCED
Scheduled but Not Heard
+= HB 385 OCCUPATIONAL LICENSING FEES TELECONFERENCED
Moved CSHB 385(L&C) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 196 EMPLOYER DRUG AND ALCOHOL TESTING TELECONFERENCED
Moved SB 196 Out of Committee
+ SB 228 EXTEND BOARD OF MASSAGE THERAPISTS TELECONFERENCED
Heard & Held
+= HB 375 ENERGY SOURCES OF MOTOR VEHICLES TELECONFERENCED
Moved CSHB 375(L&C) Out of Committee
           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.                                                                          
                                                                                                                                

Document Name Date/Time Subjects
HB 375 Support doc AADA 4.24.24.pdf HL&C 4/24/2024 3:15:00 PM
STRA 5/7/2024 1:30:00 PM
STRA 5/9/2024 9:00:00 AM
HB 375
HB385 Amendment Packet.pdf HL&C 4/24/2024 3:15:00 PM
HB 385
SB228 Sponsor Statement.pdf HL&C 4/24/2024 3:15:00 PM
SB 228
SB228 Supporting Documents-Sunset Audit.pdf HL&C 4/24/2024 3:15:00 PM
SB 228
SB228 Fiscal Note-DCCED-CBPL-02.23.24.pdf HL&C 4/24/2024 3:15:00 PM
SB 228
SB196 Sponsor Statement Version A.pdf HL&C 4/24/2024 3:15:00 PM
SB 196
SB196 Sectional Analysis Version A.pdf HL&C 4/24/2024 3:15:00 PM
SB 196
SB196 Fiscal Note-DOLWD-WH 03.02.24.pdf HL&C 4/24/2024 3:15:00 PM
SB 196
SB 196 Support letters recevied as of 03082024.pdf HL&C 4/24/2024 3:15:00 PM
SB 196
HJR27 Supporting Document_New Trade Regime Can Counter Chinese Supply Chain.pdf HL&C 4/24/2024 3:15:00 PM
HJR 27
HJR27 Supporting Document_Greenhouse Gas Lifecycle Assessment.pdf HL&C 4/24/2024 3:15:00 PM
HJR 27
HJR27 Sponsor Statement.pdf HL&C 4/24/2024 3:15:00 PM
HJR 27
SB 228 Support Doc Annetta Atwell Written Testimony 042424.pdf HL&C 4/24/2024 3:15:00 PM
SB 228
HB375 Amendment.pdf HL&C 4/24/2024 3:15:00 PM
HB 375
2024 Support for SB 196, adding saliva to statute for employee drug testing.pdf HL&C 4/24/2024 3:15:00 PM
SB 196
HB 314 Letter of Support - Board of Certified Direct-Entry Midwives 4.19.24.pdf HL&C 4/24/2024 3:15:00 PM
HB 314