Legislature(2023 - 2024)BARNES 124
04/26/2023 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| SB55 | |
| HB91 | |
| HB119 | |
| HB150 | |
| HB149 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 91 | TELECONFERENCED | |
| + | SB 55 | TELECONFERENCED | |
| += | HB 119 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 149 | TELECONFERENCED | |
| *+ | HB 150 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
April 26, 2023
3:15 p.m.
MEMBERS PRESENT
Representative Jesse Sumner, Chair
Representative Justin Ruffridge, Vice Chair
Representative Mike Prax
Representative Dan Saddler
Representative Stanley Wright
Representative Ashley Carrick
Representative Zack Fields
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CS FOR SENATE BILL NO. 55(FIN)
"An Act extending the termination date of the Board of Certified
Direct-Entry Midwives; extending the termination date of the
State Medical Board; and providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 91
"An Act relating to deduction of labor or employee organization
dues or service fees from the pay of certain public employees;
and providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 119
"An Act relating to marijuana taxes; and providing for an
effective date."
- HEARD & HELD
HOUSE BILL NO. 150
"An Act relating to residential building codes; relating to
construction contractors and residential contractor
endorsements; and providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 149
"An Act relating to the licensure of nursing professionals;
relating to a multistate nurse licensure compact; and providing
for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 55
SHORT TITLE: EXTND BDS: MEDICAL, DIRECT-ENTRY MIDWIVES
SPONSOR(s): SENATOR(s) WIELECHOWSKI
02/01/23 (S) READ THE FIRST TIME - REFERRALS
02/01/23 (S) L&C, FIN
02/17/23 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/17/23 (S) Heard & Held
02/17/23 (S) MINUTE(L&C)
02/20/23 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/20/23 (S) Moved SB 55 Out of Committee
02/20/23 (S) MINUTE(L&C)
02/22/23 (S) L&C RPT 3DP 1NR
02/22/23 (S) DP: BISHOP, DUNBAR, GRAY-JACKSON
02/22/23 (S) NR: MERRICK
03/07/23 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/07/23 (S) Heard & Held
03/07/23 (S) MINUTE(FIN)
04/03/23 (S) FIN AT 9:00 AM SENATE FINANCE 532
04/03/23 (S) Moved CSSB 55(FIN) Out of Committee
04/03/23 (S) MINUTE(FIN)
04/07/23 (S) FIN RPT CS 3DP 4NR NEW TITLE
04/07/23 (S) DP: HOFFMAN, OLSON, KIEHL
04/07/23 (S) NR: STEDMAN, WILSON, MERRICK, BISHOP
04/12/23 (S) TRANSMITTED TO (H)
04/12/23 (S) VERSION: CSSB 55(FIN)
04/14/23 (H) READ THE FIRST TIME - REFERRALS
04/14/23 (H) L&C, FIN
04/26/23 (H) L&C AT 3:15 PM BARNES 124
BILL: HB 91
SHORT TITLE: PUBLIC EMPLOYEES' UNION DUES DEDUCTIONS
SPONSOR(s): REPRESENTATIVE(s) MCCABE
03/01/23 (H) READ THE FIRST TIME - REFERRALS
03/01/23 (H) L&C, JUD
03/17/23 (H) L&C AT 3:15 PM BARNES 124
03/17/23 (H) <Bill Hearing Canceled>
04/26/23 (H) L&C AT 3:15 PM BARNES 124
BILL: HB 119
SHORT TITLE: MARIJUANA TAX
SPONSOR(s): RULES BY REQUEST
03/17/23 (H) READ THE FIRST TIME - REFERRALS
03/17/23 (H) L&C, FIN
03/24/23 (H) L&C AT 3:15 PM BARNES 124
03/24/23 (H) <Bill Hearing Canceled>
03/31/23 (H) L&C AT 3:15 PM BARNES 124
03/31/23 (H) Heard & Held
03/31/23 (H) MINUTE(L&C)
04/24/23 (H) L&C AT 3:15 PM BARNES 124
04/24/23 (H) <Bill Hearing Rescheduled to 04/26/23>
04/26/23 (H) L&C AT 3:15 PM BARNES 124
BILL: HB 150
SHORT TITLE: RESIDENTIAL BUILDING CODE
SPONSOR(s): SUMNER
03/31/23 (H) READ THE FIRST TIME - REFERRALS
03/31/23 (H) L&C
04/14/23 (H) L&C AT 3:15 PM BARNES 124
04/14/23 (H) <Bill Hearing Canceled>
04/19/23 (H) L&C AT 3:15 PM BARNES 124
04/19/23 (H) -- MEETING CANCELED --
04/21/23 (H) L&C AT 3:15 PM BARNES 124
04/21/23 (H) <Bill Hearing Canceled>
04/26/23 (H) L&C AT 3:15 PM BARNES 124
BILL: HB 149
SHORT TITLE: NURSING: LICENSURE; MULTISTATE COMPACT
SPONSOR(s): PRAX
03/31/23 (H) READ THE FIRST TIME - REFERRALS
03/31/23 (H) MLV, L&C
04/03/23 (H) MLV REFERRAL MOVED TO AFTER L&C
04/03/23 (H) BILL REPRINTED
04/07/23 (H) L&C AT 3:15 PM BARNES 124
04/07/23 (H) -- MEETING CANCELED --
04/12/23 (H) L&C AT 3:15 PM BARNES 124
04/12/23 (H) Heard & Held
04/12/23 (H) MINUTE(L&C)
04/14/23 (H) L&C AT 3:15 PM BARNES 124
04/14/23 (H) Heard & Held
04/14/23 (H) MINUTE(L&C)
04/17/23 (H) L&C AT 3:15 PM BARNES 124
04/17/23 (H) Heard & Held
04/17/23 (H) MINUTE(L&C)
04/26/23 (H) L&C AT 3:15 PM BARNES 124
WITNESS REGISTER
SENATOR BILL WIELECHOWSKI
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented CSSB 55(FIN).
MERCEDES COLBERT, Staff
Senator Bill Wielechowski
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: On behalf of Senator Wielechowski, prime
sponsor of CSSB 55(FIN), deferred a question to the legislative
auditor.
KRIS CURTIS, Legislative Auditor
Alaska Division of Legislative Audit
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions regarding CSSB 55(FIN).
REPRESENTATIVE KEVIN MCCABE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented HB 91.
VINCENT VERNUCCIO, Senior Policy Advisor
Workers for Opportunity
Washington D.C.
POSITION STATEMENT: Gave invited testimony during the hearing
on HB 91.
MARK JANUS, representing self
Punta Gorda, Florida
POSITION STATEMENT: Gave invited testimony during the hearing
on HB 91.
BUDDY WHITT, Staff
Representative Kevin McCabe
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: On behalf of Representative McCabe, prime
sponsor, answered questions during the hearing on HB 91.
JESSE LOGAN, Staff
Representative Jesse Sumner
Juneau, Alaska
POSITION STATEMENT: Introduced HB 119 on behalf of the bill
sponsor, the House Rules Standing Committee by Request.
CODY RICE, Staff
Representative Cathy Tilton
Juneau, Alaska
POSITION STATEMENT: On behalf of the sponsor, the House Rules
Standing Committee by Request, gave a PowerPoint presentation,
titled "HB 119 Marijuana Tax."
RYAN TUNSETH, President
Alaska Marijuana Industry Association
Kenai, Alaska
POSITION STATEMENT: Gave invited testimony during the hearing
on HB 119.
JANA WELTZIN, Co-Chair
Governor's Advisory Task Force on Marijuana
Anchorage, Alaska
POSITION STATEMENT: Gave invited testimony during the hearing
on HB 119.
STEVE MENARD, Staff
Representative Jesse Sumner
Alaska State Legislature
POSITION STATEMENT: Introduced HB 150, on behalf of
Representative Sumner, prime sponsor.
ERIC VISSER, President
Alaska State Home Building Association
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
150.
DAVID OWENS
Alaska State Home Building Association
Palmer, Alaska
POSITION STATEMENT: Gave invited testimony during the hearing
on HB 150.
SYLVAN ROBB, 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 HB
149.
ACTION NARRATIVE
3:15:12 PM
CHAIR JESSE SUMNER called the House Labor and Commerce Standing
Committee meeting to order at 3:15 p.m. Representatives Prax,
Carrick, Fields, Ruffridge, and Sumner were present at the call
to order. Representatives Saddler and Wright arrived as the
meeting was in progress.
SB 55-EXTND BDS: MEDICAL, DIRECT-ENTRY MIDWIVES
3:16:04 PM
CHAIR SUMNER announced that the first order of business would be
CS FOR SENATE BILL NO. 55(FIN), "An Act extending the
termination date of the Board of Certified Direct-Entry
Midwives; extending the termination date of the State Medical
Board; and providing for an effective date."
3:16:25 PM
SENATOR BILL WIELECHOWSKI, Alaska State Legislature, as prime
sponsor of CSSB 55(FIN), explained that a legislative audit
showed that the State Medical Board effectively licensed
osteopaths and podiatrists, but emergency courtesy licenses for
physician's assistants were handled incorrectly during the
COVID-19 pandemic, which was remedied in November 2021. In July
2022, the audit suggested that the State Medical Board be
extended until June 30, 2031, the maximum allowable extension
under current statute. He said that the most recent audit of
the Board of Certified Direct-Entry Midwives showed it to be
effective in supporting public healthcare.
3:19:15 PM
REPRESENTATIVE PRAX asked whether there are two levels of
midwives licensed by the state.
3:19:38 PM
MERCEDES COLBERT, Staff, Senator Bill Wielechowski, Alaska State
Legislature, on behalf of Senator Wielechowski, prime sponsor of
CSSB 55(FIN), deferred the question to Kris Curtis.
3:20:07 PM
KRIS CURTIS, Legislative Auditor, Division of Legislative Audit,
Alaska State Legislature, answered that there is an apprentice
license and a direct entry license.
3:20:40 PM
REPRESENTATIVE PRAX asked whether there is a difference in
licensure between midwives birthing in homes or birthing
centers.
MS. CURTIS answered that there are nurse midwives who are
licensed by the Alaska Board of Nursing.
3:21:45 PM
REPRESENTATIVE CARRICK questioned the challenges for recruitment
and retention of licensing staff.
MS. CURTIS answered that it is an ongoing issue across state
government, causing issues in the licensure process. In
response to a follow-up question, she said that she is unsure
whether salary plays a role in the issue of recruitment and
retention.
3:23:38 PM
CHAIR SUMNER announced that CSSB 55(FIN) was held over.
HB 91-PUBLIC EMPLOYEES' UNION DUES DEDUCTIONS
3:24:01 PM
CHAIR SUMNER announced that the next order of business would be
HOUSE BILL NO. 91, "An Act relating to deduction of labor or
employee organization dues or service fees from the pay of
certain public employees; and providing for an effective date."
3:24:24 PM
REPRESENTATIVE KEVIN MCCABE, Alaska State Legislature, as prime
sponsor, introduced HB 91. He stated that the proposed
legislation would bring Alaska in line with the U.S. Supreme
Court decision, Janus v. American Federation of State, County,
and Municipal Employees, Council 31, No. 16-1466, 585 U.S.,
(2018). He stated that the proposed legislation would ensure
that public employees have full knowledge and give full consent
before union dues are deducted from paychecks. He said that
consent to union dues would occur on an annual basis to ensure
that it does not become "stale."
3:27:54 PM
The committee took an at-ease from 3:27 p.m. to 3:28 p.m.
3:28:4PM
REPRESENTATIVE RUFFRIDGE moved to adopt the proposed committee
substitute (CS) for HB 91, Version, 33-LS0499\B, Klein,
[3/26/23], as a working document. There being no objection,
Version B was before the committee.
3:29:20 PM
VINCENT VERNUCCIO, Senior Policy Advisor, Workers for
Opportunity, provided invited testimony on Version B of HB 91.
He expressed support for the proposed legislation because it
would allow state employees to have a choice whether they become
members of a union. He stated that the bill would give those
workers knowledge of their rights and the annual opportunity to
exercise them. He advised that similar bills are being passed
in other states. He said that this brings the choice of whether
to be a union member in line with other consumer choices, such
as open enrollment in healthcare programs.
3:32:45 PM
REPRESENTATIVE FIELDS questioned the funding for the
organization, Workers for Opportunity.
MR. VERNUCCIO answered that the Workers for Opportunity is a
501(c)(3) organization, meaning that the individual donors are
confidential. He added that the donors are from across the
country.
3:33:51 PM
MARK JANUS, representing self, stated that he was the lead
plaintiff in the U.S. Supreme Court case [mentioned earlier].
He cited Justice Samuel Alito's opinion, which related that
affirmative consent is required to take union dues from the
paychecks of public employees. He stated that HB 91 would
reinforce this idea. He added that many public employees are
still unaware they have the option to resign from union
membership, which the bill aims to correct. He argued that it
is a First Amendment issue because union members give up those
rights during the collective bargaining process.
3:38:15 PM
REPRESENTATIVE PRAX asked whether the court's decision requires
public employees to be notified of their rights.
3:38:44 PM
BUDDY WHITT, Staff, Representative Kevin McCabe, Alaska State
Legislature, expressed uncertainty.
3:39:02 PM
MR. VERNUCCIO answered that Justice Samuel Alito referred to
affirmative consent in his opinion, meaning that public
employees would be required to be given notification.
3:40:12 PM
REPRESENTATIVE SADDLER asked what the most common objection is
to this position.
MR. JANUS answered that he believes unions have strayed from
their core purpose of improving working conditions and wages for
members. He said that he has seen unions create new ways to
keep members from understanding their rights when it comes to
membership. In response to a follow-up question, he said that
the U.S. Supreme Court case had resulted in a previous decision
being overturned.
3:42:57 PM
REPRESENTATIVE CARRICK asked for an example of a way any union
keeps its members from leaving.
MR. JANUS answered that he has heard of a case in which a union
member was informed that in order to leave the union, they would
be required to send a letter to a certain address with a P.O.
box, which was subsequently closed; therefore, the letter never
arrived. In response to a follow-up question, he said that he
does not have data showing the frequency of such occurrences.
3:44:37 PM
REPRESENTATIVE FIELDS asked where Mr. Janus is now employed.
MR. JANICE answered that he is employed by the Liberty Justice
Center. He reiterated that he is speaking on behalf of himself.
3:45:06 PM
CHAIR SUMNER announced that HB 91 was held over.
3:45:13 PM
REPRESENTATIVE MCCABE noted that there would be a new fiscal
note.
HB 119-MARIJUANA TAX
3:45:26 PM
CHAIR SUMNER announced that the next order of business would be
HB 119, "An Act relating to marijuana taxes; and providing for
an effective date."
3:45:57 PM
JESSE LOGAN, Staff, Representative Jesse Sumner, introduced HB
119, on behalf of the sponsor, the House Rules Standing
Committee by Request. He stated that Governor Mike Dunleavy
created a marijuana task force the previous year to review the
industry. He explained that Alaska has the highest marijuana
tax rate in the U.S., resulting in industry stagnation and lost
revenue. He expressed the opinion that reducing the current tax
rate would allow the industry to grow. He pointed out that the
proposed committee substitute (CS) would change some of the
sections by deleting them or moving them to other sections.
3:49:58 PM
REPRESENTATIVE RUFFRIDGE moved to adopt the proposed committee
substitute (CS) for HB 119, Version, 33-LS0636\B, Radford,
4/18/23, as a working document. There being no objection,
Version B was before the committee.
3:50:26 PM
CODY RICE, Staff, Representative Cathy Tilton, on behalf of the
sponsor, the House Rules Standing Committee by Request,
presented a PowerPoint, titled "HB 119 Marijuana Tax" [hard copy
included in the committee packet]. He began on slide 2 through
slide 4 and stated that 19 states have some form of marijuana
tax, the majority of which are based on price. He stated that
HB 119 would create a 10 percent sales tax, with a tax ceiling
of $12.50 per ounce. He displayed two graphs comparing the
types of marijuana taxes by state and the total taxation amount.
3:52:14 PM
REPRESENTATIVE FIELDS asked for the median tax rate.
MR. RICE answered that it is difficult to make a direct
comparison and said that he does not have the exact number now.
3:52:56 PM
REPRESENTATIVE SADDLER asked what the net change in taxation
would be.
MR. RICE answered that the nominal rate is 50 percent at the
highest, while the realized rate has decreased every year.
MR. LOGAN added that it would be a 75 percent reduction. In
response to a follow-up question, he said that the excise tax
would be eliminated.
3:55:01 PM
REPRESENTATIVE FIELDS asked whether 10 percent or $12.50 per
ounce is a higher tax rate.
MR. RICE answered that it depends on the product mix.
3:55:32 PM
MR. RICE moved to slide 5 through slide 9 and displayed several
graphs pertaining to the forecast for marijuana tax revenue. He
stated that in many jurisdictions the price for marijuana has
decreased over time. He said that as the product mix changes,
the expected and realized tax rate has decreased. He noted that
the Department of Administration has a slightly different
forecast, and the proposed legislation would result in overall
higher tax revenue.
3:58:22 PM
REPRESENTATIVE SADDLER asked how many "servings" of marijuana
are being sold.
MR. RICE answered that it depends on the specific blend.
3:59:30 PM
REPRESENTATIVE CARRICK asked whether the amount of marijuana
consumed is expected to change.
MR. RICE answered that his model does not assume that price
changes will change consumption. He explained that marijuana
does not have unitary elasticity.
4:00:18 PM
REPRESENTATIVE WRIGHT asked whether lowering the price will
result in more consumption.
MR. RICE answered yes, although it is not confirmed whether that
increase will occur primarily because of the black-market share
being reduced, or whether people are consuming more marijuana.
4:00:59 PM
REPRESENTATIVE SADDLER asked how the $50 per ounce price was
established.
MR. LOGAN answered that it was part of the initial legalization
of marijuana.
4:01:33 PM
REPRESENTATIVE PRAX asked whether the model uses a tax rate that
strikes a balance between maximizing revenue and reducing the
black-market share.
MR. RICE answered that the model does not account for dynamic
price changes. He said that the models show the same level of
basic economic responses occurring with other products. In
response to a follow-up question, he stated that other models
which account for these factors would be addressed later in the
presentation.
4:05:11 PM
REPRESENTATIVE SADDLER asked for the current legal price per
ounce.
MR. RICE answered that based on tax data, it is approximately
$260 per ounce. In response to a follow-up question, he said
that this price is an average of all marijuana mixes.
4:06:35 PM
RYAN TUNSETH, President, Alaska Marijuana Industry Association,
shared that he is the owner of a marijuana business, and he
supports marijuana tax reform. He said that the industry is not
on stable ground because of the current tax structure and
improving it will lead to a reduction in the illicit market for
marijuana. He noted that tax relief is needed in the state
because Alaska has the highest price point for legal marijuana
in the U.S. Currently, banks are not supportive of the industry
because of its federal status as a controlled substance, meaning
that owners have to pay taxes in person with cash; therefore,
the industry strongly supports moving to a quarterly tax payment
system. He said that there is also support for a tax cap to
keep prices from becoming too high in certain areas and support
for changing licensing to biannual renewal.
4:12:34 PM
JANA WELTZIN, Co-Chair, Governor's Advisory Task Force on
Marijuana, stated that the Governor's Advisory Task Force was
formed in September 2022 and was asked to look at the current
tax structure, the recreational marijuana program, and
opportunities for collaboration between local government and
state governments. She stated that the task force created a 13-
page list of recommendations, which mainly focuses on the
current tax structure for marijuana. She said that currently it
is possible to buy illicit marijuana for the same price as legal
marijuana in taxes alone, and the result is that several
marijuana cultivators have had to close. She noted that the
base product is all that is being taxed, and not the parts of
the plant which have the most value. She advised that the
legalization of marijuana has created many jobs both directly
and indirectly; therefore, it is in the interest of the state to
create a favorable tax structure.
4:18:55 PM
REPRESENTATIVE CARRICK asked what impact changing the tax rate
would have on consumer behavior.
MS. WELTZIN responded that if the tax is lower, and prices
become competitive, less people will go to the unregulated
illicit market. In response to a follow-up question, she
expressed the opinion that a 10 percent tax is still too high.
4:22:46 PM
MS. WELTZIN, in response to a question from Representative Prax,
expressed the opinion that the legislature does need to address
this before the end of session. She continued that federal
policies make a difficult situation worse, and the industry is
struggling with the current tax rate.
4:24:26 PM
CHAIR SUMNER asked whether federal legalization of marijuana
would be harmful to the industry in the state.
MS. WELTZIN expressed the opinion that it could potentially
destroy the production aspect of the industry, but the retail
market would be fine or potentially grow.
4:26:30 PM
CHAIR SUMNER announced that HB 119 was held over.
HB 150-RESIDENTIAL BUILDING CODE
4:26:40 PM
CHAIR SUMNER announced that the next order of business would be
HOUSE BILL NO. 150, "An Act relating to residential building
codes; relating to construction contractors and residential
contractor endorsements; and providing for an effective date."
4:27:08 PM
The committee took an at-ease from 4:27 p.m. to 4:31 p.m.
4:31:53 PM
STEVE MENARD, Staff, Representative Jesse Sumner, on behalf of
Representative Sumner, prime sponsor, explained HB 150 and
provided the sectional analysis. He stated that the proposed
legislation would update residential building codes. He
explained that the reason for building codes, permits, and
inspections is to keep homes safe, especially with the unique
structural challenges the state faces, such as frequent seismic
activity. He said that building codes also ensure the quality
and energy efficiency of building materials used in residential
construction.
4:34:20 PM
MR. MENARD began the sectional analysis, stating that Section 1
of HB 150 would update and change definitions relating to
residential construction; Section 2 would add a subsection to AS
08.18.025 requiring residential contractors to comply with state
residential building codes; Section 3 would define residential
contractor; Sections 4 through 6 would add conforming amendments
to the state building codes; Section 7 would amend the
definition of state building code; Section 8 would require the
Department of Commerce, Community and Economic Development
(DCCED) to adopt a national building code using regulatory
authority; and Section 9 would add a section subjecting
contractors to the new building codes and applying the code
adopted via Section 8 to new residential buildings. He said
that Section 10 would add an effective date of January 1, 2024.
4:39:07 PM
REPRESENTATIVE PRAX asked whether residential contractors are
currently required to follow building codes.
MR. MENARD answered there are 12 municipalities in Alaska with
residential building codes, but there is not one at the state
level. He stated that HB 150 would create a state residential
building code which all contractors in the state would be
required to follow. In response to a follow-up question, he
said that financers, such as banks, are the de facto enforcement
mechanism, but creating a state residential building code would
create an avenue for litigation for issues pertaining to
substandard built homes.
4:44:30 PM
REPRESENTATIVE CARRICK asked whether there is a national
standard that most states have adopted.
4:45:55 PM
ERIC VISSER, President, Alaska State Home Builders Association,
answered yes. He said that many states adopt the International
Residential Building Code (IRBC) and add their own amendments as
needed.
4:47:15 PM
REPRESENTATIVE SADDLER asked what percentage of Alaskans live in
a municipality which has adopted IRBC.
MR. MENARD expressed uncertainty.
4:48:14 PM
REPRESENTATIVE FIELDS asked why DCCED would be chosen to be
responsible for enforcing the state residential building code if
one were created.
MR. VISSER answered that each locality can create a council and
vote on aspects of IRBC, and the most important part of the
proposed legislation is creating a minimum standard. In
response to a follow-up question, he said that DCCED's
involvement would keep the industry involved with the process.
4:51:59 PM
DAVID OWENS, Alaska State Home Builders Association, stated that
the Alaska State Home Builders Association has been working on
similar legislation for several years, and he expressed the
opinion that Alaska is overdue for state residential building
codes.
4:53:01 PM
REPRESENTATIVE FIELDS asked whether the building codes would
account for energy efficiency.
MR. OWENS answered that the Alaska Housing Finance Corporation
has a section of standards pertaining to energy efficiency.
4:54:31 PM
REPRESENTATIVE SADDLER asked how home prices would be affected
by creating a state residential building code.
MR. OWENS expressed uncertainty; however, he stated that
building a home to a higher standard would save money versus
having to regularly repair a home built to a lower standard.
MR. MENARD added that the bill would not require individuals who
build their own homes to adhere to the building code.
4:57:00 PM
REPRESENTATIVE CARRICK asked whether offering the contractor
examination once per year is frequent enough.
CHAIR SUMNER answered that the bill requires a minimum of once
per year, although in practice there could be more.
4:58:19 PM
CHAIR SUMNER announced that HB 150 was held over.
HB 149-NURSING: LICENSURE; MULTISTATE COMPACT
4:58:27 PM
CHAIR SUMNER announced that the final order of business would be
HOUSE BILL NO. 149, "An Act relating to the licensure of nursing
professionals; relating to a multistate nurse licensure compact;
and providing for an effective date."
4:59:20 PM
REPRESENTATIVE CARRICK moved to adopt Amendment 1 to HB 149,
labeled, 33-LS0447\S.4, Bergerud, 4/17/23, which read as
follows:
Page 6, line 11, following "AS 08.68.500":
Insert ";
(13) submit a report to the legislature if the board
determines that the requirements for a multistate
license or multistate licensure privilege under the
Multistate Nurse Licensure Compact do not meet or
exceed the requirements for a license to practice
registered nursing or practical nursing in this state
under AS 08.68.170(a) or (b); the board shall submit
the report to the senate secretary and the chief clerk
of the house of representatives and notify the
legislature that the report is available within 30
days after making the determination"
REPRESENTATIVE FIELDS objected for the purpose of discussion.
4:59:41 PM
REPRESENTATIVE CARRICK explained that Amendment 1 would require
the Board of Nursing to report to the legislature if the terms
of the Nurse Licensure Compact (NLC) do not meet or exceed
licensure requirements in the state. She expressed concern that
automatic withdrawal from the compact in such a case would be a
violation of the compact.
5:01:43 PM
REPRESENTATIVE PRAX expressed the opinion that the amendment is
unnecessary because the state would have the ability to leave
NLC at any time.
5:02:31 PM
SYLVAN ROBB, Director, Division of Corporations, Business, and
Professional Licensing, Department of Commerce, Community, and
Economic Development, stated that changes to NLC would not take
place until the state adopts changes, giving the state the
opportunity to leave the compact simply by not adopting the
changes made to the compact.
5:03:33 PM
REPRESENTATIVE CARRICK expressed concern about the Alaska Board
of Nursing's ability to make changes to licensure requirements,
and in such a case a report would be valuable.
5:04:25 PM
REPRESENTATIVE FIELDS withdrew his objection.
5:04:31 PM
REPRESENTATIVE RUFFRIDGE objected.
A roll call vote was taken. Representatives Carrick, Fields,
Saddler, and Sumner voted in favor of Amendment 1 to HB 149.
Representatives Prax, Wright, and Ruffridge voted against it.
Therefore, Amendment 1 was adopted by a vote of 4-3.
5:05:53 PM
REPRESENTATIVE FIELDS stated that he would not offer Amendment 2
and Amendment 3 to HB 149.
5:06:42 PM
REPRESENTATIVE FIELDS moved to adopt Amendment 4 to HB 149, as
amended, labeled, 33-LS0447\S.10, Wallace/Bergerud, 4/19/23,
which read as follows:
Page 35, following line 18:
Insert a new bill section to read:
"* Sec. 30. AS 47.32 is amended by adding a new
section to read:
Sec. 47.32.210. Restrictions on hiring during a
nursing strike. (a) Upon receiving a notice to strike
involving nurses, and during a strike involving
nurses, an entity may only hire a nurse who
(1) is licensed to practice in the state
under this chapter; or
(2) was employed in the state under a
multistate licensure privilege on the day before the
entity received the notice to strike.
(b) After withdrawal of a notice to strike
involving nurses, or upon conclusion of a strike
involving nurses, an entity may resume hiring nurses
holding a multistate licensure privilege under this
chapter."
Renumber the following bill sections accordingly.
Page 37, line 12:
Delete "Section 36"
Insert "Section 37"
Page 37, line 13:
Delete "sec. 37"
Insert "sec. 38"
REPRESENTATIVE SADDLER objected for the purpose of discussion.
5:06:48 PM
REPRESENTATIVE FIELDS explained that Amendment 4 would restrict
the ability of health care facilities to use the compact to
bring more employees in the event of a strike. The amendment
would not prevent nurses from coming to Alaska to work for other
employees during a strike. He expressed the belief that nurse
burnout is one of the greatest reasons for the nursing shortage,
and allowing the compact to be used for strike-breaking purposes
would potentially worsen the problem.
5:09:18 PM
REPRESENTATIVE PRAX commented that, in the case of a nursing
strike, there are federal regulations which already address this
in regard to guaranteed care for patients. He stated that both
the National Council of State Boards of Nursing and Legislative
Legal Services have sent memos warning that the amendment could
potentially place Alaska in violation of NLC terms. He added
that he was unable to think of a time in which a nursing strike
occurred in Alaska.
REPRESENTATIVE FIELDS responded that Legislative Legal Services
informed him that the idea is theoretical whether the amendment
would violate the terms of the compact.
5:11:56 PM
CHAIR SUMNER expressed the opinion that wholesale importation of
nurses may not be good for the state in the event of a strike
and the amendment is oblique enough to not violate the terms of
NLC.
5:13:02 PM
REPRESENTATIVE PRAX asked whether the amendment would offer
language unique to nursing.
MS. ROBB answered that she is unaware of any other profession
having such language regarding strikes. She emphasized that NLC
is a contract between states, and for this reason, the amendment
could be considered a violation. She advised that the inability
to change NLC from state to state is what makes it strong.
5:15:10 PM
REPRESENTATIVE SADDLER expressed the opinion that the amendment
would be contrary to the purpose of the bill because it would
treat out-of-state nurses differently.
REPRESENTATIVE CARRICK responded that the proposed legislation
is meant to allow nurses to work in a more reasonable timeline,
not import nurses in the event of a strike.
5:16:34 PM
A roll call vote was taken. Representatives Carrick, Fields,
and Sumner voted in favor of Amendment 4 to HB 149.
Representatives Prax, Ruffridge, Saddler, and Wright voted
against it. Therefore, Amendment 4 failed by a vote of 3-4.
5:17:24 PM
CHAIR SUMNER announced that HB 149, as amended, was held over.
5:17:33 PM
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
5:17 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB119 Support Letters.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 119 |
| Support for HB119 THC Alaska Juneau.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 119 |
| Mercy Tree of Alaska Letter of Support HB119.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 119 |
| GOOD Support for HB 119.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 119 |
| HB91.Vera.SectionalAnalysis.3.9.23.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 91 |
| HB0091.VerA.9.3.9.23.PDF |
HL&C 4/26/2023 3:15:00 PM |
HB 91 |
| HB91.VerA.SponsorStatement.3.9.23.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 91 |
| Newby Tax Letter 2023 .pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 119 |
| HB119 Support Letter Arctic Bakery.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 119 |
| Grossl Tax Letter 2023.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 119 |
| Elevated Heights HB119 Support Letter.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 119 |
| King Street Cannabis HB119 Support.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 119 |
| HB 119 Support letter.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 119 |
| Letter of Opposition Tufted Puffin Response HB 119.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 119 |
| HB119 Support Letter Alaska Green Works.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 119 |
| DOR Fiscal Note HB119.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 119 |
| DPS Fiscal Note HB119.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 119 |
| DOA Fiscal Note HB119.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 119 |
| CSHB 119 Summary of Changes.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 119 |
| CSHB 119 version B.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 119 |
| CSHB 119 Sectional Analysis Version B.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 119 |
| HB91.VerA.FiscalNote.DOA.4.25.23.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 91 |
| HB91.FiscalNote.DOLWD.4.25.23.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 91 |
| HB 119 Rice presentation.pptx |
HL&C 4/26/2023 3:15:00 PM |
HB 119 |
| HB91.VerAtoVerB.SummaryofChanges.4.22.23.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 91 |
| CSHB 91 version B.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 91 |
| HB91.VerB.SectionalAnalysis.4.26.23.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 91 |
| Good Titrations HB119 Support Letter.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 119 |
| HB 119 Support Letter CBG.docx |
HL&C 4/26/2023 3:15:00 PM |
HB 119 |
| HB119_SupportLetter_Jim_2023-04-26_001.PDF |
HL&C 4/26/2023 3:15:00 PM |
HB 119 |
| HB119_SupportLetter_Kelly_2023-04-26_001.PDF |
HL&C 4/26/2023 3:15:00 PM |
HB 119 |
| HB119_SupportLetter_Josephine_2023-04-26_001.PDF |
HL&C 4/26/2023 3:15:00 PM |
HB 119 |
| Letter of No Support HB 119 2BDPM.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 119 |
| Letter of No Support HB 119 TeaPot.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 119 |
| CSHB91.VerB.FiscalNote.DOA.5.3.23.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 91 |
| ASHSC_HB150_Support_PR-2020-1.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 150 |
| HB149 Support Letter.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 149 |
| DPH Letter of Support fo HB149.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 149 |
| HB 149 ADN Article on NLC.pdf |
HL&C 4/26/2023 3:15:00 PM |
HB 149 |