Legislature(2021 - 2022)BARNES 124
03/19/2021 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| HB133 | |
| State Board of Registration for Architects, Engineers & Land Surveyors | |
| Workers' Compensation Appeals Commission | |
| State Board of Physical Therapy & Occupational Therapy | |
| State Board of Registration for Architects, Engineers & Land Surveyors | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| *+ | HB 133 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
March 19, 2021
3:22 p.m.
MEMBERS PRESENT
Representative Zack Fields, Co-Chair
Representative Ivy Spohnholz, Co-Chair
Representative Calvin Schrage
Representative Liz Snyder (via teleconference)
Representative David Nelson
Representative James Kaufman (via teleconference)
Representative Ken McCarty (via teleconference)
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 133
"An Act relating to the Alaska savings program for eligible
individuals; relating to education savings programs; relating to
the Education Trust of Alaska; relating to the Alaska advance
college tuition savings fund; relating to the Alaska education
savings program for children; and relating to the Governor's
Council on Disabilities and Special Education."
- HEARD AND HELD
CONFIRMATION HEARING(S):
Alaska Labor Relations Agency
Tyler Andrews - Anchorage
- HEARD AND HELD
State Board of Registration for Architects, Engineers & Land
Surveyors
Fred Wallis - Healy
Robert "Bob" Bell - Anchorage
Jeff Garness - Anchorage
Loren Leman - Anchorage
Ed Leonetti - Anchorage
Randall Rozier - Fairbanks
- HEARD AND HELD
Jake Maxwell - Anchorage
- SCHEDULED BUT NOT HEARD
Workers' Compensation Appeals Commission
Deirdre Ford - Anchorage
Amy Steele - Anchorage
- HEARD AND HELD
State Board of Physical Therapy & Occupational Therapy
Lisa Radley - Anchorage
Rebecca Dean - Fairbanks
Jodi Pfeiffer - Fairbanks
- HEARD AND HELD
Nathan Missler - Anchorage
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: HB 133
SHORT TITLE: AK ED SAVINGS PROGRAMS/ELIGIBILITY
SPONSOR(s): LABOR & COMMERCE
03/10/21 (H) READ THE FIRST TIME - REFERRALS
03/10/21 (H) L&C, FIN
03/17/21 (H) L&C AT 5:45 PM BARNES 124
03/17/21 (H) <Bill Hearing Canceled>
03/19/21 (H) L&C AT 3:15 PM BARNES 124
WITNESS REGISTER
PAMELA LEARY, Director
Treasury Division
Department of Revenue
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing of HB
133.
TAMERA "TAMMI" WEAVER, Trust Administrator
Education Trust of Alaska
University of Alaska Fairbanks
Fairbanks, Alaska
POSITION STATEMENT: Answered questions during the hearing of HB
133.
CHAD HAMPTON, Attorney
Disability Law Center of Alaska
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 133.
TYLER ANDREWS, Appointee
Alaska Labor Relations Agency
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the Alaska Labor
Relations Agency.
FRED WALLIS, Appointee
State Board of Registration for Architects, Engineers & Land
Surveyors
Healy, Alaska
POSITION STATEMENT: Spoke as an appointee to the State Board of
Registration for Architects, Engineers & Land Surveyors.
ROBERT "BOB" BELL, Appointee
State Board of Registration for Architects, Engineers & Land
Surveyors
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the State Board of
Registration for Architects, Engineers & Land Surveyors.
JEFF GARNESS, Appointee
State Board of Registration for Architects, Engineers & Land
Surveyors
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the State Board of
Registration for Architects, Engineers & Land Surveyors.
LOREN LEMAN, Appointee
State Board of Registration for Architects, Engineers & Land
Surveyors
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the State Board of
Registration for Architects, Engineers & Land Surveyors.
ED LEONETTI, Appointee
State Board of Registration for Architects, Engineers & Land
Surveyors
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the State Board of
Registration for Architects, Engineers & Land Surveyors.
RANDALL ROZIER, Appointee
State Board of Registration for Architects, Engineers & Land
Surveyors
Fairbanks, Alaska
POSITION STATEMENT: Spoke as an appointee to the State Board of
Registration for Architects, Engineers & Land Surveyors.
DEIRDRE FORD, Appointee
Workers' Compensation Appeals Commission
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the Workers'
Compensation Appeals Commission.
AMY STEELE, Appointee
Workers' Compensation Appeals Commission
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the Workers'
Compensation Appeals Commission.
LISA RADLEY, Appointee
State Board of Physical Therapy & Occupational Therapy
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the State Board of
Physical Therapy & Occupational Therapy.
REBECCA DEAN, Appointee
State Board of Physical Therapy & Occupational Therapy
Fairbanks, Alaska
POSITION STATEMENT: Spoke as an appointee to the State Board of
Physical Therapy & Occupational Therapy.
JODI PFEIFFER, Appointee
State Board of Physical Therapy & Occupational Therapy
Fairbanks, Alaska
POSITION STATEMENT: Spoke as an appointee to the State Board of
Physical Therapy & Occupational Therapy.
ACTION NARRATIVE
3:22:11 PM
CO-CHAIR IVY SPOHNHOLZ called the House Labor and Commerce
Standing Committee meeting to order at 3:22 p.m.
Representatives Spohnholz, Nelson, Schrage, Snyder (via
teleconference), Kaufman (via teleconference), and Fields were
present at the call to order. Representative McCarty arrived
(via teleconference) as the meeting was in progress.
HB 133-AK ED SAVINGS PROGRAMS/ELIGIBILITY
3:23:54 PM
CO-CHAIR SPOHNHOLZ announced that the first order of business
would be HOUSE BILL NO. 133, "An Act relating to the Alaska
savings program for eligible individuals; relating to education
savings programs; relating to the Education Trust of Alaska;
relating to the Alaska advance college tuition savings fund;
relating to the Alaska education savings program for children;
and relating to the Governor's Council on Disabilities and
Special Education."
3:24:19 PM
CO-CHAIR FIELDS introduced HB 133 on behalf of the House Labor
and Commerce Standing Committee, sponsor, and offered a
PowerPoint presentation entitled, "HB 133 - ABLE Update." He
began on slide 1, "What is an ABLE Account?" which read as
follows [original punctuation provided]:
ABLE: Achieving a Better Life Experience
?Tax-free savings account for individuals with
qualifying disabilities
?Funds may be used to pay for items such as disability
expenses, education, housing, transportation
?Distributions into accounts are not counted against
individual in determining eligibility for Medicaid and
needs-based assistance programs
CO-CHAIR FIELDS proceeded to slide 4, "ABLE Act of 2013," which
read as follows [original punctuation provided]:
Signed into federal law in December 2014 as part of
the Tax Extenders package
?Established 529A (ABLE) savings account exclusively
for individuals with disabilities
CO-CHAIR FIELDS added that following the signing, former Alaska
State Representative Dan Sadler and former Alaska State Senator
Cathy Giessel passed the first iteration of the Alaska ABLE Act.
He proceeded to slide 5, "Alaska ABLE Act," which read as
follows [original punctuation provided]:
?Signed into law in July 2016
?Authorized establishment of a state ABLE program to
be administered by Department of Revenue
?Matched the 2013 ABLE Act passed by Congress
?Alaska joined the National ABLE Alliance, a group of
17 states formed to share information, create
economies of scale and provide a hub for financial
inquiries
3:25:59 PM
CO-CHAIR FIELDS shared that since the passage of this version of
the ABLE Act, there have been significant federal changes. He
stated that the purpose of the bill is to conform to and take
advantage of those federal changes, which will be discussed in
the subsequent slides. He proceeded to slide 7, "ABLE to Work
Act," which read as follows [original punctuation provided]:
?Signed into law in 2017 as part of the Tax Cuts and
Jobs Act
?Increased annual contributions levels
?Incentivized employment by increasing the
contribution level for employed beneficiaries from
$15,000 to $27,060
CO-CHAIR FIELDS paraphrased from slide 8, "ABLE Financial
Planning Act," which read as follows [original punctuation
provided]:
?Signed into law in 2017 as part of the Tax Cuts and
Jobs Act
Allowed college saving account funds (529 accounts)
to roll over into ABLE accounts
?Allowed individuals who incurred disabilities after
they established 529 college savings plan to roll over
savings into ABLE account
CO-CHAIR FIELDS proceeded to slide 9, "ABLE Age Adjustment Act,"
which read as follows [original punctuation provided]:
?Will increase the age of eligibility from 26 to 46
?Will allow more participation in ABLE accounts
CO-CHAIR FIELDS explained that these changes make sense to him
because people with disabilities have a continued need for
updated training to keep abreast of current labor market
opportunities.
3:27:05 PM
CO-CHAIR FIELDS proceeded to slide 10, "HB 133 Proposed
Updates," and asked whether the committee would like to embark
upon the proposed change of reassigning the management of ABLE
to a different department. He stated that he would like to hear
ideas on the best department to house this program. He
paraphrased the slide, which read as follows [original
punctuation provided]:
?Reassigns department responsibility
?Expands age eligibility limits
?Allows greater flexibility in using funds to pay for
education expenses
Allows 529 program accounts to roll into an ABLE
account
?Aligns with federal regulations regarding program
savings accounts
CO-CHAIR FIELDS began the Sectional Analysis on slide 12,
"Section 1," which read as follows [original punctuation
provided]:
?Establishes AS 06.65.020(b)
?Requires the Department of Health and Social Services
to consult with the Governor's Council on Disabilities
and Special Education when overseeing the Alaska
Savings Program
CO-CHAIR FIELDS moved to slide 13, "Section 2," which read as
follows [original punctuation provided]:
?Expands the age of eligibility from 26 to match
proposed federal law age of 46.
CO-CHAIR FIELDS paraphrased slide 14, "Sections 3-4," which read
as follows [original punctuation provided]:
?Expands eligibility of contributors and the amount of
contributions to program accounts to match guidelines
in AS 14.40.802(f)(3) from Section 10
?Expanded to include:
?Contributions for the beneficiary or for a new
individual who is a member of the family of the former
beneficiary and an eligible individual under AS
06.65.100.
CO-CHAIR FIELDS proceeded to slide 15, "Section 5," and
explained that this section anticipates future federal changes
so that state law may not need to be updated as frequently. The
slide read as follows [original punctuation provided]:
Specifies that a rollover may occur between a program
account to another account if the new account is
authorized by federal law
3:28:28 PM
CO-CHAIR FIELDS paraphrased slide 16, "Section 6," and explained
that it shifts departmental responsibility from the Department
of Revenue (DOR) to the Department of Health and Social Services
(DHSS). He reminded the committee that the question of whether
or not this should be done remains unanswered and he would like
to hear feedback on this aspect of the proposed bill. The slide
read as follows [original punctuation provided]:
Redefines "department" to mean the Department of
Health and Social Services to mark the shift in
supervising authority between the two departments
CO-CHAIR FIELDS proceeded to slide 17, "Section 7," which read
as follows [original punctuation provided]:
Replaces "higher education" with "education" when
referring to an education savings account
CO-CHAIR FIELDS moved to slide 18, "Section 8," which read as
follows [original punctuation provided]:
?Removes the distinction of postsecondary education
when referring to an education savings account
?Renames the "Alaska Higher Education Savings Trust"
to the "Education Trust of Alaska"
CO-CHAIR FIELDS briefly summarized slide 19, "Section 9," which
read as follows [original punctuation provided]:
?Removes the distinction of postsecondary education
when referring to an education savings account
?Renames the "Alaska Higher Education Savings Trust"
to the "Education Trust of Alaska"
?Removes the allowance that education savings accounts
can be used to pay for room and board when using funds
for education costs as this language is already
included in Section 14
3:29:15 PM
CO-CHAIR FIELDS continued to slide 20, "Section 10," which read
as follows [original punctuation provided]:
?Establishes AS 14.40.802(f)(3)
?ABLE participants were previously only able to change
beneficiary of an account to eligible family members
with 529 account or other ABLE account
?Participants are now able to change beneficiary of an
account to any person, not just family members, who
are eligible individuals
?A common reason that transfers happen is that the
funds are no longer needed by original beneficiary
?Eligible individuals are defined as those with
qualifying disabilities, including blindness
CO-CHAIR FIELDS identified that the important item in Section 10
is that Alaskans are not losing savings when they pass away. He
skipped slide 21, "Section 11" and proceeded to slide 22,
"Section 12," which read as follows [original punctuation
provided]:
Allows a program participant to designate a successor
participant to their account and allows changes to
take effect immediately
CO-CHAIR FIELDS explained that slide 23, "Section 13," included
more information on "designated beneficiaries" related to 529
accounts and proceeded to slide 24, "Section 14," which read as
follows [original punctuation provided]:
Defines "designated beneficiary" to have the same
definition given in 26 U.S.C. 529(e)
"Designated beneficiary" means:
(A)the individual designated at the commencement of
participation in the qualified tuition program as the
beneficiary of amounts paid (or to be paid) to the
program,
(B)in the case of a change in beneficiaries described
in subsection (c)(3)(C), the individual who is the new
beneficiary, and
(C)in the case of an interest in a qualified tuition
program purchased by a State or local government (or
agency or instrumentality thereof) or an organization
described in section 501(c)(3) and exempt from
taxation under section 501(a) as part of a scholarship
program operated by such government or organization,
the individual receiving such interest as a
scholarship.
3:31:17 PM
CO-CHAIR FIELDS advanced to slide 29, "Section 15," and
explained that it relates back to 529 accounts and ABLE Act
transfer issues.
CO-CHAIR FIELDS paraphrased slide 30, "Sections 16-23," which
read as follows [original punctuation provided]:
?Renames the "Alaska Higher Education Savings Trust"
to the "Education Trust of Alaska"
?Removes the distinction of higher education when
referring to the Alaska education savings program or
an education investment program
?Replaces "University of Alaska college savings plan"
and "college savings account" with "education savings
plan
CO-CHAIR FIELDS explained that slide 31, "Section 24," refers to
more on conforming changes for educational programs, and that
slide 32, "Section 25," continues with these conforming changes.
CO-CHAIR FIELDS concluded that the conforming changes in the
bill are the increase in age, rollovers from 529 accounts to the
ABLE Act, the expanded beneficiaries, and the expanded amount of
savings in the ABLE Act account to pay for education and
training.
3:32:58 PM
REPRESENTATIVE NELSON asked if Co-Chair Fields could return to
slide 21, "Section 11," in his presentation and explain it.
CO-CHAIR FIELDS responded that he wanted to ask one of the
invited testifiers to explain it.
3:33:21 PM
PAMELA LEARY, Director, Treasury Division, Department of
Revenue, explained that there are certain limits as to what
money can go into ABLE funds. There are a variety of people
that can add money to an account on behalf of someone who has an
ABLE account, and the limit refers to the maximum amount of
money that can go into the account.
3:33:41 PM
CO-CHAIR SPOHNHOLZ asked whether there are any concerns about
exploitation in turning assets over to non-family members. She
also asked whether the bill would allow 529 [accounts] to be
used for[expenditures related to] kindergarten through twelfth
grade ("K-12") and Pre-K.
MS. LEARY deferred the question to another testifier, Tammi
Weaver.
3:35:48 PM
TAMMERA "TAMMI" WEAVER, Trust Administrator, Education Trust of
Alaska, University of Alaska, Fairbanks, responded that the
modifications to the bill do incorporate the changes in the
federal tax law which allow 529 accounts to be used for K-12
education as well as apprenticeship and limited repayments of
student loans.
CO-CHAIR SPOHNHOLZ asked whether that applies only to those with
a disability or to all Alaskans.
MS. WEAVER responded that it applies to anyone who invests in a
529 education savings plan.
CO-CHAIR SPOHNHOLZ commented that that is a huge policy call
change.
MS. WEAVER responded that this change is just to bring the state
statutes in compliance with the federal law, which has been
modified to allow those expenditures.
3:37:07 PM
CHAD HAMPTON, Attorney, Disability Law Center of Alaska (DLCA),
shared that the DCLA is involved every day in advocacy for
people with disabilities, and that the center hears concerns
from these individuals about how to maintain their benefits.
The solution for many of these individuals, he continued, is an
ABLE account. Regarding the earlier question about the
potential for exploitation, he said that there has been a trend
recently in helping individuals with disabilities that may not
have family members to help them, and he gave supportive
decision-making agreements as an example of this. He explained
that these agreements involve finding people in an individual
with disability's network to help the individual understand
information and make decisions. He said that he understands
that there is a concern that this might lead to some
exploitation and that there is no way to necessarily rule out
that exploitation wouldn't happen within the family as well, but
that's why there are backstops in place to protect people with
disabilities such as Adult Protective Services. In advocating
for people with disabilities, he said there is a big distinction
between a person's ability to make unwise decisions, which
everyone has the right to do, and exploitation.
MR. HAMPTON opined that it is a great idea to tie the state ABLE
statutes more directly to the federal ABLE statutes. He shared
that this would allow Alaskans to immediately benefit from
changes in the federal law without waiting for Alaska to catch
up on national disability norms as they may change. He added
that the age extension from 26 to 46 mentioned in the
presentation would be excellent as well as the general
additional flexibility for how ABLE accounts are used.
3:40:27 PM
MR. HAMPTON shared that another challenge to individuals with
disabilities is lack of individualized solutions that can lead
to segregation from the general community. This can come in the
form of separate classrooms for people with disabilities,
sheltered workshops where people don't have the same employment
options, or universal accommodations that aren't tailored to
specific individual needs. Granting more flexibility to make
these decisions will allow Alaskans with ABLE accounts greater
authority over important decisions.
MR. HAMPTON concluded that he has a couple of concerns about HB
133. He considers it a logical change, but did note that even
with the governor's plan for splitting the Department of Health
and Social Services (DHSS) tabled, he asked the committee to
consider potential consequences of implementing ABLE accounts
under HB 133. Another concern he identified regards Section 1
of the bill, which would require the department to consult with
the Governor's Council on Disabilities and Special Education
(GCDSE). He shared that the DLCA understands the intent of this
addition, but he said that a potential ambiguous reading of that
same statutory language might commit the GCDSE to provide
technical support on complex financial matters that it doesn't
have the expertise or staffing to provide. He explained that
the ambiguity arises out of the word "shall" coupled with the
lack of definition on the purpose for consulting with the GCDSE.
He concluded by reiterating that the DLCA supports the changes
that the bill proposes.
3:42:54 PM
CO-CHAIR FIELDS shared that he and his staff talked with the
GCDSE, and that the council's perspective was that it can
continue to support this program through important outreach and
coordination, but agreed that the council is probably not the
most logical entity to support complex financial interactions;
such interactions would better be housed in another department.
He added that the testimony makes him think that although the
council should remain in a supporting role, it does not have the
capacity to "own" the program.
3:43:43 PM
CO-CHAIR SPOHNHOLZ asked Mr. Hampton to provide the committee
with a concrete or specific recommendation if he has one.
3:44:11 PM
CO-CHAIR FIELDS asked if the departments could provide insight
as to whether ABLE accounts would be more appropriately housed
in DOR or DHSS.
3:44:43 PM
MS. LEARY responded that she was present at the birth of the
program, and that it was quite the challenge. The program
joined an alliance of 17 states and developed a request for
proposal (RFP) to find a vendor for assistance in creating and
administering the program. Program coordinators now meet
monthly to talk about issues that impact the constituents of the
program. She shared that there are aspects of investment
involved in the program, which is why it was housed in DOR
initially, but the six investment types in which people can
invest are fairly well identified and have been the same for the
past five years. She added that the alliance of states meets
regularly and if there is any discussion about changes, all
members of the alliance are given equal input. She shared her
opinion that the program in its current state is beyond the
capacity of DOR and the department doesn't have "the touch," but
transferring it to DHSS will help it to continue and give it
that "touch" she identified as missing. She added that she
would be happy to continue having discussions surrounding
investments but that she thinks that the program would have its
needs better served under DHSS.
CO-CHAIR SPOHNHOLZ offered her understanding that finding a way
to create a combination of the financial expertise of DOR and
the programmatic and relational outreach expertise of the GCDSE
is going to be important in the final drafting of the bill. She
asked if Ms. Leary agrees or if she has another suggestion.
MS. LEARY responded that participating in the alliance and
discussing issues like self-certification and relevant federal
legislation would be better served not within DOR, but in DHSS.
She explained that DHSS is much closer to those issues and
understands the needs of constituents. She reiterated that she
would always be available as would her investment staff to
discuss investment choices.
3:48:29 PM
MR. HAMPTON added that there is a potential for a finance and
management services division within DHSS to oversee the
financial management aspects. The GCDSE could be on hand to
handle the disability outreach and implementation focus of it.
CO-CHAIR SPOHNHOLZ asked whether there might not be a
Restructuring Support Agreement (RSA) between DOR and DHSS. She
concluded that the committee understands the issue and can
dedicate some time to coming up with the right structure for the
program during the next meeting.
3:49:41 PM
CO-CHAIR FIELDS acknowledged that former State of Alaska Senate
President Cathy Giessel did all the "leg work" on this bill and
that he and has staff worked to update it.
3:50:06 PM
CO-CHAIR SPOHNHOLZ announced that HB 133 was held over.
^CONFIRMATION HEARING(S):
CONFIRMATION HEARING(S):
^Alaska Labor Relations Agency
Alaska Labor Relations Agency
^State Board of Registration for Architects, Engineers & Land
Surveyors
State Board of Registration for Architects, Engineers & Land
Surveyors
3:50:16 PM
CO-CHAIR SPOHNHOLZ announced that the next order of business
would be confirmation hearings in consideration of governor's
appointees to various boards and agencies.
3:50:41 PM
TYLER ANDREWS, Appointee, Alaska Labor Relations Agency, shared
that he has served on the board for a number of years and that
he sees it as an honor to contribute to Alaska by using his
professional expertise. He also identified it as an opportunity
to dive deeper into his own expertise and appreciates the
opportunity to serve and to contribute.
3:51:30 PM
CO-CHAIR SPOHNHOLZ noted that there were no questions from the
committee and thanked Mr. Andrews.
3:51:48 PM
FRED WALLIS, Appointee, State Board of Registration for
Architects, Engineers & Land Surveyors, summarized his
experience and work history as an engineer. He said that he is
the Vice President of Engineering for Usibelli Coal Mine, Inc.
and a second-generation graduate of the mining program at the
University of Alaska, Fairbanks. He has worked to obtain
professional engineering status in Alaska and Canada over the
last 29 years and has been employed by Usibelli Coal Mine, Inc.
for the last 24 years. He concluded that he is looking forward
to again serving on the board, especially considering that
Alaska is assumed to grow immensely in the next five years,
which will result in a need for new engineers. He added that
keeping the public safe is his number one priority.
3:52:46 PM
CO-CHAIR SPOHNHOLZ noted that there were no questions from the
committee and thanked Mr. Wallis.
3:52:54 PM
ROBERT "BOB" BELL, Appointee, State Board of Registration for
Architects, Engineers & Land Surveyors, shared that he has been
practicing engineering and land surveying in Alaska for over 50
years. He started his own business in 1974 and it's still
running with his son taking over as CEO in 2007. He said that
makes him semi-retired, which gives him time to serve on the
board. He explained that he has served on other boards and
commissions such as the Anchorage Assembly, the State Board of
Game, etcetera, and will bring experience in the technical,
administrative, and political aspects of board membership.
3:53:57 PM
CO-CHAIR SPOHNHOLZ asked if there's anything that's come up
during Mr. Bell's time on the board that's been particularly
interesting.
MR. BELL responded that there have been some cases regarding
continuing education that have been interesting. Around 10
percent of licensees are meant to be audited to ensure that the
licensees actually complete the continuing education, but this
has not been happening and only started happening around the
same time he joined the board. He explained that it was obvious
in some cases that the licensee hadn't done the continuing
education and that instead, the licensee would compile a variety
of attended meetings that the licensee thought should have
qualified. He said that situation was interesting to sort
through.
CO-CHAIR SPOHNHOLZ asked if Mr. Bell thinks that new processes
have been put into place to ensure that those audits are taking
place.
MR. BELL responded yes, it's working well.
3:55:24 PM
CO-CHAIR SPOHNHOLZ thanked Mr. Bell for his support of
University of Alaska, Anchorage (UAA) and acknowledged his
involvement there.
3:55:33 PM
JEFF GARNESS, Appointee, State Board of Registration for
Architects, Engineers & Land Surveyors, shared that he and his
entire family all live in Alaska, and he has been in business in
Alaska for over 30 years. He said that he earned his Bachelor
of Engineering degree and Master of Engineering degree in Arctic
Engineering from the University of Alaska. He added that his
son is also a civil engineer and, although his son got his
engineering degree in California, his son came back to Alaska to
work with Mr. Garness.
MR. GARNESS continued that he has served on the Board of
Chiropractic Examiners as a public member and therefore has some
board experience. He also noted that he was appointed by former
Anchorage, Alaska, Mayor Ethan Berkowitz to serve on the
Anchorage On-site Water and Wastewater Technical Review Board,
which he serves on currently and he is awaiting reappointment.
He explained that he is actively involved in writing water and
wastewater code regulations as part of his position on the
board. He concluded that his experience and knowledge will help
him be an effective board member.
3:57:21 PM
REPRESENTATIVE SCHRAGE thanked Mr. Garness for his service in
the military and to the community.
MR. GARNESS clarified that he didn't serve in the military but
that he was a civilian doing work for 10 years for the Air Force
and the Army.
3:57:42 PM
CO-CHAIR SPOHNHOLZ noted that Mr. Garness is a "double grad" of
UAA.
3:57:52 PM
LOREN LEMAN, Appointee, State Board of Registration for
Architects, Engineers & Land Surveyors, stated that he has been
practicing civil environmental engineering for 47 years. He
noted that 18 of those years were disrupted by his time serving
in the legislature for 14 years and then serving one term as
lieutenant governor. He expressed his interest in meeting with
committee members in person one day when that is possible [with
consideration of COVID-19].
MR. LEMAN continued that the board is hard-working and meets
four times a year for two days each time, which the board has
done this year via video conference. He stated that he enjoys
serving on the board to give back to his profession, which he
said has been good to him. He noted that he offers a unique
perspective in that he's also served in a public office and
that's something that he hopes can be helpful. He concluded
that he would appreciate the vote of the committee members but
perhaps even more importantly, the committee's support for the
other members of the board who are up for confirmation.
4:00:23 PM
CO-CHAIR SPOHNHOLZ commented that she worked with Mr. Leman at
the Salvation Army and at UAA.
4:00:45 PM
ED LEONETTI, Appointee, State Board of Registration for
Architects, Engineers & Land Surveyors, stated that a
combination of working experience and volunteer board experience
makes him an ideal board member. He shared that he is a
licensed professional landscape architect in Alaska and four
other states with 20 years of experience. He has planned a
variety of landscape features such as parks, plazas, and
playgrounds across the state. His most recent project involves
integrating the Alaska Native culture into a new facility. He
explained that he enjoys practicing landscape architecture in
Alaska due to the unique nature of the state.
MR. LEONETTI explained that his pas board experience includes
quasi-judicial commissions and non-profit boards. He said that
he has experienced times as a board member where the board has
agreed unanimously and others where it has been divided, which
he points to as an example that a healthy board or commission
doesn't always agree, but that it allows members to have their
own time to speak their concerns. This allows for healthy
discussion as a group that stays on topic and resolves the
motions on a table. He ended by pledging to collaborate with
board members with a commitment to put the public first by
protecting public health, safety, and welfare.
4:03:07 PM
CO-CHAIR SPOHNHOLZ asked if the education item on his resume
called "Northern Building Design" taken through UAA was a
certification, class, degree, or something else.
MR. LEONETTI answered that it is a course that is required for
licensure.
4:05:31 PM
CO-CHAIR SPOHNHOLZ noted that a few appointees were not online,
and that the committee would hear them at another time.
[Due to technical difficulties, the confirmation hearing for
Randall Rozier, Appointee, State Board of Registration for
Architects, Engineers & Land Surveyors, was heard later in the
meeting.]
4:08:23 PM
CO-CHAIR SPOHNHOLZ announced that the committee will try Mr.
Rozier at a later time when he has better cell service.
4:08:36 PM
CO-CHAIR SPOHNHOLZ opened public testimony on the confirmation
hearings for Tyler Andrews, appointee to the Alaska Labor
Relations Board and Fred Wallis, Robert "Bob" Bell, Jeff
Garness, and Loren Leman, and Ed Leonetti, appointees to the
State Board of Registration for Architects, Engineers & Land
Surveyors. After ascertaining that there was no one who wished
to testify, she closed public testimony.
[The confirmation hearings for governor's appointees Tyler
Andrews to the Alaska Labor Relations Board and Fred Wallis,
Robert Bell, Jeff Garness, Loren Leman, and Ed Leonetti, to the
State Board of Registration for Architects, Engineers & Land
Surveyors were held over.]
^Workers' Compensation Appeals Commission
Workers' Compensation Appeals Commission
4:08:47 PM
CO-CHAIR SPOHNHOLZ announced that the next order of business
would be consideration of the governor's appointees to the
Workers' Compensation Appeals Commission.
4:08:54 PM
DEIRDRE FORD, Appointee, Workers' Compensation Appeals
Commission, explained that she was first appointed to the Alaska
Workers' Compensation Appeals Commission in 2016 by former state
of Alaska Governor Bill Walker to complete the term of the
previous chair who went into retirement. She came to Alaska in
1978 and Alaska "sent me to law school" in 1981, she continued,
and expressed her gratitude to the State for the opportunity to
practice law and work in Alaska. She was reappointed by
Governor Mike Dunleavy to a full five-year term and expressed
that she loves doing the work of the commission and giving back
to Alaska.
4:10:13 PM
CO-CHAIR SPOHNHOLZ asked Ms. Ford to tell the committee about
what she enjoys about working on the commission.
MS. FORD responded that she was an attorney representing
employers before the Alaska Supreme Court lost the Workers'
Compensation Board, then was a hearing officer before the
Workers' Compensation Board, and now does appellate work. She
exclaimed that it is great fun to observe the attorneys making
the mistakes that she made when she was practicing and help them
to correct those mistakes.
4:11:35 PM
AMY STEELE, Appointee, Workers' Compensation Appeals Commission,
testified that she was reappointed to the Workers' Compensation
Appeals Commission in June 2019 and previously served as an
industry member for the Workers' Compensation Board from 2011
through 2019. She said that she has over 20 years of experience
in the insurance and risk management fields and has had the
opportunity to manage and oversee claims throughout the United
States and overseas. She surmised that this gives her a wide
range of knowledge about multi-jurisdictional workers'
compensation law. She shared that she currently works for a
Native corporation overseeing the auto and workers' compensation
claims and assisting employees with the process and with
available benefits. She concluded that she thinks her extensive
work history would allow her to bring beneficial knowledge and a
relevant perspective to the commission. She shared that, like
Ms. Ford, she also enjoys being on the commission and also
enjoyed her time on the Workers' Compensation Board.
4:12:54 PM
CO-CHAIR SPOHNHOLZ opened public testimony on the confirmation
hearings for Amy Steele and Deirdre Ford, appointees to the
Workers' Compensation Appeals Commission. After ascertaining
that there was no one who wished to testify, she closed public
testimony.
[The confirmation hearings for governor's appointees Deirdre
Ford and Amy Steele to the Workers' Compensation Appeals
Commission were held over.]
^State Board of Physical Therapy & Occupational Therapy
State Board of Physical Therapy & Occupational Therapy
4:13:22 PM
LISA RADLEY, Appointee, State Board of Physical Therapy &
Occupational Therapy, shared that she has worked in Alaska for
three years and served on the board for the past year starting
in March 2020. She said that she is honored to serve on the
board and to contribute in any way she can to maintain the
integrity of the profession and the accessibility of services to
the public.
4:14:38 PM
REBECCA DEAN, Appointee, State Board of Physical Therapy &
Occupational Therapy, shared that she has lived in Alaska for 34
years and her family, who also lives in Alaska, anchors her to
the state. She shared her extensive work history in healthcare,
including working as a therapy department administrative manager
and 35 years of experience in recruiting, hiring, licensing, and
credentialing physicians, physician assistants, physical
therapists, and other health care professionals. She holds a
Master of Business Administration degree and owns Dean and
Associates, a healthcare and strategic management consulting
business.
MS. DEAN continued that she is interested in serving on the
board to contribute experience, knowledge, and wisdom and to
effectively ensure diligence in the board's practices. She
expressed interest in assisting in establishing standards that
remain current and recognizing and meeting national trends, and
ensuring that there is continued access to health care for all.
She reiterated that her experience would make her a qualified
board member, and that she enjoys doing the work and feels a
responsibility to give back.
4:18:11 PM
CO-CHAIR SPOHNHOLZ thanked Ms. Dean for her testimony.
4:18:25 PM
JODI PFEIFFER, Appointee, State Board of Physical Therapy &
Occupational Therapy, stated that in her 27 years of experience
in the field of physical therapy, she has worked in a variety of
settings, including acute care, outpatient care, long-term care
facilities, nursing facilities, and school districts. She
shared that she recently completed the coursework for her
master's degree program. She has also served in a variety of
elected and appointed positions, including her current position
as the Physical Therapy Assistant (PTA) program director at the
University of Alaska Anchorage. She added that serving on this
board would allow her to serve her profession and the public in
a new way and allow her to be part of the regulatory process,
which she stated has been a passion for her. She also noted
that she has a perspective different from many other board
members as a PTA, which will help the board be more reflective
of the community it serves.
4:20:14 PM
REPRESENTATIVE NELSON asked if Ms. Pfeiffer was involved in the
military.
MS. PFEIFFER responded that yes, her husband was stationed at
Fort Leonard Wood, Missouri, and she worked as a PTA to help
rehabilitate the trainees who had been injured to go back to
training.
REPRESENTATIVE NELSON expressed his appreciation for her work.
4:21:20 PM
CO-CHAIR SPOHNHOLZ opened public testimony on the confirmations
of Lisa Radley, Rebecca Dean, and Jodi Pfeiffer, appointees to
the State Board of Physical Therapy & Occupational Therapy.
After ascertaining that there was no one who wished to testify,
she closed public testimony.
[The confirmation hearings for governor's appointees Lisa
Radley, Rebecca Dean, and Jodi Pfeiffer to the State Board of
Physical Therapy & Occupational Therapy were held over.]
^State Board of Registration for Architects, Engineers & Land
Surveyors
State Board of Registration for Architects, Engineers & Land
Surveyors
4:21:36 PM
CO-CHAIR SPOHNHOLZ announced that the final order of business
would be a return to the confirmation hearing for governor's
appointees to the State Board of Registration for Architects,
Engineers & Land Surveyors.
CO-CHAIR SPOHNHOLZ explained that Mr. Rozier, who was previously
not able to connect telephonically, was now available.
4:21:47 PM
RANDALL ROZIER, Appointee, State Board of Registration for
Architects, Engineers & Land Surveyors, said that it is an honor
to be appointed to the architect seat of the board. He
expressed that he looks forward to coordinating and
collaborating on a high level of responsibility and learning
from the perspective of the other board members. He shared that
he has always wanted to be an architect but since Alaska did not
have an architecture program, he left the state to get his
degree and then returned and has been practicing in Alaska ever
since. He added that he has 15 years of experience and is
currently an owner of one of the largest architecture firms in
Alaska. He expressed that he has a responsibility to
participate in government and the best way for him to do that is
through his expertise in architecture.
4:23:44 PM
CO-CHAIR SPOHNHOLZ opened public testimony on the confirmation
of Randal Rozier, appointee to the State Board of Registration
for Architects, Engineers & Land Surveyors. After ascertaining
that there was no one who wished to testify, she closed public
testimony.
[The confirmation hearing for governor's appointee Randall
Rozier to the State Board of Registration for Architects,
Engineers & Land Surveyors was held over.]
4:24:06 PM
CO-CHAIR SPOHNHOLZ thanked all of the appointees.
4:25:24 PM
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
4:25 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Jeffrey Garness Resume 3.18.21.pdf |
HL&C 3/19/2021 3:15:00 PM |
HL&C Confirmations 2021 |
| Jodi Pfeiffer Resume 3.18.21.pdf |
HL&C 3/19/2021 3:15:00 PM |
HL&C Confirmations 2021 |
| Lisa Radley Board Application 3.18.21.pdf |
HL&C 3/19/2021 3:15:00 PM |
HL&C Confirmations 2021 |
| Lisa Radley Resume 3.18.21.pdf |
HL&C 3/19/2021 3:15:00 PM |
HL&C Confirmations 2021 |
| Loren Leman Resume 3.18.21.pdf |
HL&C 3/19/2021 3:15:00 PM |
HL&C Confirmations 2021 |
| Nathan Missler Board Application 3.18.21.pdf |
HL&C 3/19/2021 3:15:00 PM |
HL&C Confirmations 2021 |
| Randall Rozier Board Application 3.18.21.pdf |
HL&C 3/19/2021 3:15:00 PM |
HL&C Confirmations 2021 |
| Rebecca Dean Board Application 3.18.21.pdf |
HL&C 3/19/2021 3:15:00 PM |
HL&C Confirmations 2021 |
| Rebecca Dean Resume 3.18.21.pdf |
HL&C 3/19/2021 3:15:00 PM |
HL&C Confirmations 2021 |
| Robert Bob Bell Resume 3.18.21.pdf |
HL&C 3/19/2021 3:15:00 PM |
HL&C Confirmations 2021 |
| Tyler Andrews Board Application 3.18.21.pdf |
HL&C 3/19/2021 3:15:00 PM |
HL&C Confirmations 2021 |
| Tyler Andrews Resume 3.18.21.pdf |
HL&C 3/19/2021 3:15:00 PM |
HL&C Confirmations 2021 |
| Amy Steele Resume 3.18.21.pdf |
HL&C 3/19/2021 3:15:00 PM |
HL&C Confirmations 2021 |
| Arpad Bruce Magyar Board Application 3.18.21.pdf |
HL&C 3/19/2021 3:15:00 PM |
HL&C Confirmations 2021 |
| Arpad Magyar Resume 3.18.21.pdf |
HL&C 3/19/2021 3:15:00 PM |
HL&C Confirmations 2021 |
| Deirdre Ford Board Application 3.18.21.pdf |
HL&C 3/19/2021 3:15:00 PM |
HL&C Confirmations 2021 |
| Edward Leonetti Board Application 3.18.21.pdf |
HL&C 3/19/2021 3:15:00 PM |
HL&C Confirmations 2021 |
| Edward Leonetti Resume 3.18.21.pdf |
HL&C 3/19/2021 3:15:00 PM |
HL&C Confirmations 2021 |
| Fred Wallis Resume 3.18.21.pdf |
HL&C 3/19/2021 3:15:00 PM |
HL&C Confirmations 2021 |
| Jake Maxwell Resume 3.18.21.pdf |
HL&C 3/19/2021 3:15:00 PM |
HL&C Confirmations 2021 |
| HB 133 Sponsor Presentation 3.18.21.pdf |
HL&C 3/19/2021 3:15:00 PM |
HB 133 |
| HB 133 Sectional Analysis 3.18.21.pdf |
HL&C 3/19/2021 3:15:00 PM |
HB 133 |
| HB 133 Sponsor Statement 3.18.21.pdf |
HL&C 3/19/2021 3:15:00 PM |
HB 133 |
| HB 133 Supporting Document - 10 Things You Should Know About ABLE 3.18.21.pdf |
HL&C 3/19/2021 3:15:00 PM |
HB 133 |
| HB 133 Supporting Document - IRS ABLE Accounts Info 3.18.21.pdf |
HL&C 3/19/2021 3:15:00 PM |
HB 133 |
| HB 133 Supporting Document - UA Press Release 3.18.21.pdf |
HL&C 3/19/2021 3:15:00 PM |
HB 133 |
| HB 133 v. A 3.10.21.PDF |
HL&C 3/19/2021 3:15:00 PM |
HB 133 |
| HB 133 Fiscal Note UA-SYSBRA 3.13.21.pdf |
HL&C 3/19/2021 3:15:00 PM |
HB 133 |