Legislature(2021 - 2022)GRUENBERG 120
03/26/2021 08:00 AM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| Board of Certified Direct Entry Midwives | |
| Board of Barbers and Hairdressers | |
| Board of Certified Real Estate Appraisers | |
| Alcoholic Beverage Control Board | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
March 26, 2021
8:05 a.m.
DRAFT
MEMBERS PRESENT
Representative Zack Fields, Co-Chair
Representative Ivy Spohnholz, Co-Chair
Representative Calvin Schrage
Representative Liz Snyder
Representative David Nelson
Representative James Kaufman
Representative Ken McCarty
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
Board of Certified Direct Entry Midwives
Rachel Pugh - Eagle River
Bethel Belisle - Anchorage
Hannah St. George - Fairbanks
- HEARD AND HELD
Board of Barbers And Hairdressers
Michelle McMullin - Anchorage
Holly Andrews - Wasilla
Connie Dougherty - Anchorage
Khitsana Sypakanphay - Anchorage
Tina Taylor - Soldotna
- HEARD AND HELD
Mae Hayes - Anchorage
- SCHEDULED BUT NOT HEARD
Board of Certified Real Estate Appraisers
William "Leon" McKean - Anchorage
Valery Kudryn - Wasilla
- HEARD AND HELD
Alcoholic Beverage Control Board
Dana Wakukiewicz - Anchorage
John Cox - Anchor Point
Diane Thompson - Anchorage
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
RACHEL PUGH, Appointee
Eagle River, Alaska
POSITION STATEMENT: Spoke as an appointee to the Board of
Certified Direct Entry Midwives.
BETHEL BELISLE, Appointee
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the Board of
Certified Direct Entry Midwives.
HANNAH ST. GEORGE, Appointee
Fairbanks, Alaska
POSITION STATEMENT: Spoke as an appointee to the Board of
Certified Direct Entry Midwives.
JESSICA JOHNSTON, Member
Board of Midwives
Anchorage, Alaska
POSITION STATEMENT: Testified in support on the appointment of
Rachel Pugh and Bethel Belisle to the Board of Certified Direct
Entry Midwives.
MICHELLE MCMULLIN, Appointee
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the Board of
Barbers and Hairdressers.
HOLLY ANDREWS, Appointee
Wasilla, Alaska
POSITION STATEMENT: Spoke as an appointee to the Board of
Barbers and Hairdressers.
CONNIE DOUGHERTY, Appointee
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the Board of
Barbers and Hairdressers.
KHITSANA SYPAKANPHAY, Appointee
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the Board of
Barbers and Hairdressers.
TINA TAYLOR, Appointee
Soldotna, Alaska
POSITION STATEMENT: Spoke as an appointee to the Board of
Barbers and Hairdressers.
WILLIAM "LEON" MCKEAN, Appointee
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the Board of
Certified Real Estate Appraisers.
VALERY KUDRYN, Appointee
Wasilla, Alaska
POSITION STATEMENT: Spoke as an appointee to the Board of
Certified Real Estate Appraisers.
DANA WAKUKIEWICZ, Appointee
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the Alcoholic
Beverage Control Board.
JOHN COX, Appointee
Anchor Point, Alaska
POSITION STATEMENT: Spoke as an appointee to the Alcoholic
Beverage Control Board.
DIANE THOMPSON
Appointee
Anchorage, Alaska
POSITION STATEMENT: Spoke as an appointee to the Alcoholic
Beverage Control Board.
ACTION NARRATIVE
8:05:00 AM
CO-CHAIR ZACK FIELDS called the House Labor and Commerce
Standing Committee meeting to order at 8:05 a.m.
Representatives Fields, Snyder, Schrage, and Nelson were present
at the call to order. Representatives Spohnholz, Kaufman, and
McCarty arrived as the meeting was in progress.
^CONFIRMATION HEARING(S):
CONFIRMATION HEARING(S):
^Board of Certified Direct Entry Midwives
Board of Certified Direct Entry Midwives
8:05:15 AM
CO-CHAIR FIELDS announced that the first order of business would
be confirmation hearings in consideration of the governor's
appointees to the Board of Certified Direct Entry Midwives.
8:05:35 AM
RACHEL PUGH, Appointee, Board of Certified Direct Entry
Midwives, shared that she is a midwife and has been a
professional in the field since 2009. She has worked as an
educator, certified birth doula, and doula trainer, and is
currently a state licensed direct entry midwife and a nationally
certified professional midwife. She added that she has worked
in birth centers in Anchorage, Alaska, and the Matanuska-Susitna
("Mat-Su") Valley and Soldotna since 2015, and currently owns
her own home birth midwifery practice. She also travels to work
in rural Alaska communities that have no midwives. She stated
that her reason for wanting to serve on the board is that given
that birth is a human rights issue, women in Alaska should have
the same rights, options, and choices as women in the
[contiguous] United States. Ms. Pugh added that she would like
to help improve the limited birth options that are available for
Alaska women.
MS. PUGH explained that the first recommendation by the 2020
legislative audit of the board, as well as the audit done in
2016, was to implement statutory changes to benefit the public,
which she said is exactly what she has been working on since
being appointed to the board. The current statutes and
regulations are outdated, she opined, and severely limit women's
out-of-hospital birth choices and the ability for midwives to
practice according to national standards. She shared that she
has a letter of support regarding the proposed changes [from the
audit] from the executive director and credentialing specialist
at the North American Registry of Midwives. She concluded that
the proposed changes would bring Alaska's current statutes and
regulations into alignment with national standards.
8:07:43 AM
CO-CHAIR FIELDS asked Ms. Pugh about her proposal to reduce
regulations for women delivering babies.
MS. PUGH clarified that she isn't proposing to reduce
regulations, but to bring Alaska up to the national standards.
CO-CHAIR FIELDS asked if she could share this proposal with the
committee if she has not already.
MS. PUGH responded that she has to submit it first to a
licensing specialist, but that she can ensure that it is shared
with the committee when it is ready.
8:08:27 AM
BETHEL BELISLE, Appointee, Board of Certified Direct Entry
Midwives, said that she is a certified direct entry midwife and
obtained her original Alaska license in 1999 through the
apprenticeship model. She shared that she is also a certified
professional midwife of the national designation and a preceptor
for Alaska apprentices as well as a national preceptor. She
owns a birth center in Anchorage and offers home births and
birth center options to low-risk women. She is active on a
number of boards in the field and has served in several
different capacities. She noted that she is currently serving
on the Board of Certified Direct Enter Midwives and volunteered
to be a board member in 2020 to ensure that Alaska women
continue to have safe options for childbearing.
MS. BELISLE concluded by sharing that Alaska has always been the
leader in the U.S. for the number of women choosing home birth
options and she thinks that COVID-19 is responsible for
increasing this desire. She added that her goal as a board
member is to ensure that women have a right to choose where and
with whom they give birth, to continue to make the pathway to
becoming a midwife accessible to all, and to continue to promote
excellence in all areas of midwifery.
8:10:41 AM
The committee took a brief at-ease.
8:11:23 AM
CO-CHAIR FIELDS explained that the plan is to hear all
appointees first, and then open public testimony for all of the
appointees to the board.
8:11:34 AM
HANNAH ST. GEORGE, Appointee, shared that she is the mother to
10 children and has attended over 30 births. She said that she
is currently working on her doula certification, and she also
provides post-partum support to new mothers. She concluded that
she is currently serving on the Board of Direct Entry Midwives
and looks forward to continuing to serve.
8:12:29 AM
CO-CHAIR FIELDS opened public testimony on the confirmation
hearings of Hannah St. George, Bethel Belisle, and Rachel Pugh,
appointees to the Board of Certified Direct Entry Midwives.
8:12:47 AM
JESSICA JOHNSTON, Member, Board of Midwives, shared that she is
a certified direct-entry midwife and a home birth practicing
midwife in Anchorage, Alaska. She stated that she supports the
appointment of Rachel Pugh and Bethel Belisle to the board and
opined that Ms. Pugh and Ms. Belisle are "fantastic midwives"
that will represent the interest of clients and midwives alike.
She echoed that it is important to address the statutes that
govern midwifery and bring them up to national standards. By
doing this, she said, the impact of midwifery will be
heightened, and public health costs will be reduced.
8:13:39 AM
CO-CHAIR FIELDS, after ascertaining that no one else wished to
testify, closed public testimony.
8:13:58 AM
CO-CHAIR FIELDS asked if midwives typically advise new parents
on vaccines and whether children should be vaccinated.
8:14:20 AM
MS. BELISLE responded that giving vaccines is out of the scope
of midwives. Midwives refer parents to the child's pediatric
provider.
[The confirmation hearings for Hannah St. George, Bethel
Belisle, and Rachel Pugh, appointees to the Board of Certified
Direct Entry Midwives, were held over.]
^Board of Barbers and Hairdressers
Board of Barbers and Hairdressers
8:14:43 AM
CO-CHAIR FIELDS announced that the next order of business would
be confirmation hearings in consideration of the governor's
appointees to the Board of Barbers and Hairdressers.
8:15:11 AM
MICHELLE MCMULLIN, Appointee, Board of Barbers and Hairdressers,
shared that she is currently serving as the chair of the board.
She said that she has been in the nail industry for 25 years and
is also an esthetician. Her interest in continuing to serve on
the board is to continue to help incoming individuals who are
interested in the industry as well as people traveling within
Alaska to get their licenses and begin working. She noted that
the industry has felt the impact of the recent economic downturn
and she said she would like to ensure that Alaska gets "back on
our feet."
8:16:19 AM
REPRESENTATIVE MCCARTY asked Ms. McMullin about the economic
impact of COVID-19 and what has been done by the board to
increase awareness of it, and what the board thinks could be
done differently.
MS. MCMULLIN responded that enforcement of policies during
COVID-19 came down to the communities. The board gave
recommendations for personal protective equipment (PPE) to the
various communities but that that is the extent of the board's
capabilities. She noted that the mask mandate is difficult to
manage when providing facials. She shared that she has lost
several clients to COVID-19, and that she has other clients that
she has not seen since before "lockdown" because these clients
are high risk. She said that her recommendation to hairdressers
and barbers has been to follow the mandates implemented by the
communities and the state.
8:18:09 AM
HOLLY ANDREWS, Appointee, Board of Barbers and Hairdressers,
said that she has been working in the industry for about five
years. She continued that she wants to serve on the board to
help improve education and regulation. She shared that the
industry in Wasilla, Alaska, is "booming" right now and there
are a lot of new people going through the education system to
become certified. She explained that she wants to serve on the
board to make sure that the industry remains as safe as possible
as it continues to grow. She said that there have not been many
positive cases of COVID-19 in Wasilla that can be traced back to
salons, which is due to the restrictions that the board placed
on salons. She said she wants to ensure that safety remains a
priority.
8:19:25 AM
CONNIE DOUGHERTY, Appointee, Board of Barbers and Hairdressers,
said that she has been a hairdresser in Anchorage since 1998 and
currently owns a salon that she opened right in the middle of
the COVID-19 pandemic. She shared that she wants to be on the
board to help continue to elevate the industry. She added that
hairdressers [and barbers] are essential, which she said many
people discovered during the pandemic, particularly because
hairdressers provide human contact. She concluded that she
wants to give back to her community and serve in a different
capacity.
8:20:51 AM
KHITSANA SYPAKANPHAY, Appointee, Board of Barbers and
Hairdressers, explained that she is an appointee on the
piercing, tattoo, and permanent cosmetic coloring seat. She is
the owner of a salon in Anchorage and has been licensed as a
hairdresser since 2004 and entered the permanent makeup industry
in 2016. She stated that she is interested in serving on the
board because she said she knows that that permanent makeup
industry is new in Alaska, and she wants to make sure that the
industry remains safe. She noted that the requirements for
apprenticeship in the permanent makeup industry in Alaska are
much lower than other states, and she wants to ensure that it is
a safe industry in Alaska.
8:22:02 AM
TINA TAYLOR, Appointee, Board of Barbers and Hairdressers,
shared that she is a salon owner and licensed cosmetologist and
hair stylist. She said that she is interested in being on the
board to improve regulations and safety. She added that she
thinks it is important that a person prove their knowledge in a
practical capacity before getting licensed.
8:23:46 AM
REPRESENTATIVE SCHRAGE noted that on Ms. Taylor's application,
she mentioned that she has concerns with past decisions made
regarding regulations and testing. He asked her to expand upon
the concerns that she has.
MS. TAYLOR replied that the board was given notice that a person
no longer has to take a practical exam in order to become
licensed and she doesn't agree with that change. She said that
an aspiring licensee needs to prove that he/she can perform the
task and not just be able to pass a written test.
8:25:18 AM
CO-CHAIR FIELDS opened public testimony for Tina Taylor,
Khitsana Sypakanphay, Michelle McMullin, Connie Dougherty, and
Holly Andrews, appointees to the Board of Barbers and
Hairdressers. After ascertaining that there was no one who
wished to testify, he closed public testimony.
[The confirmation hearings Tina Taylor, Khitsana Sypakanphay,
Michelle McMullin, Connie Dougherty, and Holly Andrews,
appointees to the Board of Barbers and Hairdressers were held
over.]
^Board of Certified Real Estate Appraisers
Board of Certified Real Estate Appraisers
8:25:27 AM
CO-CHAIR FIELDS announced that the next order of business would
be confirmation hearings in consideration of the governor's
appointees to the Board of Certified Real Estate Appraisers.
8:25:54 AM
WILLIAM "LEON" MCKEAN, Appointee, Board of Certified Real Estate
Appraisers, shared that he is a licensed mortgage lender and has
been in the industry for over 13 years. He has grown his
mortgage lending business to two local branches and employees
twelve people. He continued that in the 1990s, he was one of
the first certified residential home inspectors in Alaska,
which, among other aspects of his experience, he said gives him
a unique perspective of the mortgage industry. He concluded
that he wants to serve on the board to be a part of the changes
he foresees happening in the mortgage industry in the future due
to factors like technology and government oversight. He added
that there is a recognized shortage of appraisers both locally
and nationally, which causes delays in delivery and higher costs
for consumers. Due to this shortage, he said that he thinks
that Alaska needs a better system to recruit and train new
appraisers.
8:28:58 AM
REPRESENTATIVE NELSON said he is glad to see that one of Mr.
McKean's credentials on his resume is that he is an Eagle Scout.
8:29:43 AM
VALERY KUDRYN, Appointee, Board of Certified Real Estate
Appraisers, shared that he has lived in Alaska since 2000 and
began appraising in Alaska in 2007. He has been working as a
certified residential appraiser since 2010. He said that he
wants to serve on the board to give back to the profession and
he thinks that he brings a number of years of experience to the
seat that he hopes to use to promote appraiser independence and
increase public confidence in appraisers.
8:30:56 AM
CO-CHAIR FIELDS opened public testimony for William "Leon"
McKean and Valery Kudryn, appointees to the Board of Certified
Real Estate Appraisers. After ascertaining that there was no
one who wished to testify, he closed public testimony.
[The confirmation hearings for William "Leon" McKean and Valery
Kudryn, appointees to the Board of Certified Real Estate
Appraisers were held over.]
^Alcoholic Beverage Control Board
Alcoholic Beverage Control Board
8:31:22 AM
CO-CHAIR FIELDS announced that the next order of business would
be confirmation hearings in consideration of the governor's
appointees to the Alcohol Control Board.
8:31:35 AM
DANA WAKUKIEWICZ, Appointee, Alcohol Control Board, shared that
he has been nominated as the industry representative to the
board and has been serving in that seat for almost a year. He
began in the alcohol industry when he and his busines partner
opened up King Street Brewing Company in Anchorage about 10
years ago. Through his business, he said, he has met numerous
people in the industry, observed operations, and developed an
understanding of the ways in which licensees provide service to
the public. He shared that his business has been very
successful, and this success has allowed him to give back to his
community by supporting local nonprofits and donating
merchandising space in the brewery to small businesses. He
explained that he holds multiple licenses for his business,
which has given him an understanding of the complexities of
dealing with federal, state, and municipal regulation. He noted
that these regulations can be daunting. He pledged that he has
and will continue to work with the Alcohol and Marijuana Control
Office to ensure non-compliant individuals and businesses are
suspended. These operations can not only be a risk to public
health, but can tarnish the reputation of the industry as a
whole, he said. He concluded that he is honored to be
considered and looks forward to continuing to provide service to
Alaska in this capacity.
8:35:52 AM
CO-CHAIR FIELDS noted that Mr. Wakukiewicz is also an Eagle
Scout.
8:36:06 AM
REPRESENTATIVE MCCARTY asked Mr. Wakukiewicz what he plans to do
to ensure that there is no conflict of interest since he is a
business owner in the same industry in which he serves on the
board.
MR. WAKUKIEWICZ responded that he would refrain from voting on
issues that directly impact him. For example, if his license
were to come up for renewal and the board was asked to vote on
it, he procedurally would be required to abstain from any
actions taken at the board level. However, he added, it is
important for an industry member to be part of the board so that
the industry perspective is considered, particularly when issues
discussed by the board could critically impact licensees.
8:38:16 AM
JOHN COX, Appointee, Alcohol Control Board, said that he is a
business owner and has served as the president of the Chamber of
Commerce and in various military capacities. He shared that he
learned in college that during economic hardship, there are four
business types that survive: alcohol, tobacco, firearms, and
cosmetics. He shared some information about his business
ventures, including his attempt to open a package store which
was met with a denial due to current regulations in AS 04. He
explained that one of the reasons why he wanted to get involved
with the board is due to the difficulty he experienced when he
attempted to open a package store. He shared that if an
individual wanted to obtain a license to open a package store,
then that individual would have to purchase the license from a
private sector for anywhere from $85,000 to $230,000 depending
on the location. He said that this creates a monopoly within
the free market. He opined that a license issued by the state
should belong to the state, and if a license holder no longer
wishes to utilize the license, then the license holder should be
required to return the license to the state.
8:41:18 AM
CO-CHAIR SPOHNHOLZ asked Mr. Cox why his application was denied
for a license to open a package store.
MR. COX responded that there were too many licenses already
issued in the given area. He said that if the owner of the sole
package store in the area in which he lives decides to no longer
participate in the commerce, the business owner can put the
license up for sale. He added that if that license were to be
purchased through the state, it would cost $2,400, but if it
were to be purchased from the private sector, he reiterated that
it would cost anywhere from $85,000 to $230,000. He explained
that the reason this creates a monopoly is because the big
package stores become the only stores that are able to afford
liquor licenses.
CO-CHAIR SPOHNHOLZ asked if he thinks alcohol licenses should be
subject to a "use it or lose it" proposition.
MR. COX responded, "Yes."
8:42:39 AM
CO-CHAIR FIELDS asked Mr. Cox if he thinks there should be
unlimited licenses available to open package stores.
MR. COX replied no, the number should be based on the community.
He said that the number of licenses should not be simply one
package store allowed per physical area with that store
controlling the price within that specific area.
8:43:20 AM
REPRESENTATIVE MCCARTY asked Mr. Cox whether there are any other
industries that require licensure that sell licenses in this
way.
MR. COX responded that he understands that the tax industry was
also fighting this same issue, but otherwise he doesn't know.
8:43:51 AM
CO-CHAIR SPOHNHOLZ directed the conversation back to the idea of
the "use it or lose it" proposition. She mentioned a similar
situation in which taxi owners purchased expensive "taxi
medallions" and did not want to lose that investment if these
taxi owners were not currently in business. She asked what Mr.
Cox would he say to current license owners who might have spent
a significant amount of money purchasing a license and would
have to give it up if there were a regulatory change to a "use
it or lose it" model.
MR. COX responded that if a licensee doesn't want to lose that
license, but would like to pass down the license to someone else
instead of participating in the business themselves, the license
owner should have developed a limited liability company (LLC) or
corporation prior to applying for the license. He said that
this way, that issue could've been addressed during the
development of that license.
CO-CHAIR SPOHNHOLZ said that doesn't answer the question. She
noted specifically that if an individual currently owns a
license but can't take advantage of it for some reason, then
under Mr. Cox's proposition these licensees would have to
forfeit the license back to the state. She opined that people
would be very concerned about losing these expensive licenses.
She asked how he would suggest that transition be managed.
MR. COX responded that he would have to discuss that topic with
the other board members. He agreed that there should be some
compensation to those individuals for a mistake that the state
had made.
8:46:52 AM
CO-CHAIR FIELDS asked Mr. Cox what other experience he has in
the industry.
MR. COX responded that his military experience in Veterans of
Foreign Wars involved him in the oversight and resale of liquor.
8:47:29 AM
REPRESENTATIVE KAUFMAN said that he appreciates Mr. Cox's
thoughts on this complicated topic.
MR. COX responded that these are issues that have to be
addressed.
8:48:07 AM
REPRESENTATIVE SCHRAGE shared that he is confused about the idea
of distributing sold licenses back to the public after they have
been returned to the state. He asked what the process might
look like for individuals who would like to purchase a license,
and how the state might determine who gets those licenses. He
shared his understanding that the demand for licenses will still
outweigh the supply and asked if Alaska would end up in the same
situation that it is in now even if the licenses were returned
to the state.
MR. COX suggested opening up a lottery to give everyone who
would like to participate a fair and equal chance at obtaining a
license.
8:50:16 AM
DIANE THOMPSON, Appointee, Alcohol Control Board, shared that
she is an owner and manager of Firetap Ale House in South
Anchorage, which operates under a beverage dispensary license
with a restaurant eating designation and a package store
license. She stated that she has had 35 years of experience
working with AS 04 applications and transfers and said she
thinks she can offer practical insight from the perspective of
an owner and operator in the restaurant and alcohol industry.
She also currently serves as president of the Alaska Hospitality
Retailers Board, which has been active in supporting the
municipality of Anchorage during the COVID-19 pandemic and
helping to secure and distribute government aid and funding.
She concluded that she is looking forward to serving on the
board.
8:52:21 AM
REPRESENTATIVE MCCARTY asked Ms. Thompson what the board can do
to encourage people to drink responsibly.
MS. THOMPSON replied that the board has always educated the
public on the safe consumption of alcohol. She stated her
intent to continue to ensure that employees are adequately
trained and certified to safely serve alcohol while individuals
who are not operating safely are "weeded out."
8:54:17 AM
CO-CHAIR FIELDS opened public testimony on Diane Thompson, John
Cox, and Dana Wakukiewicz, appointees to the Alcohol Control
Board. After ascertaining that there was no one who wished to
testify, he closed public testimony.
[The confirmation hearings for Diane Thompson, John Cox, and
Dana Wakukiewicz, appointees to the Alcohol Control Board were
held over.]
8:54:37 AM
The committee took a brief at-ease.
8:54:59 AM
CO-CHAIR FIELDS announced that that the committee had completed
its business.
8:55:15 AM
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
8:55 a.m.