Legislature(2023 - 2024)ANCH LIO DENALI Rm
12/05/2023 02:00 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| HB119 | |
| HB186 | |
| HB115 | |
| HB100 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 115 | TELECONFERENCED | |
| += | HB 100 | TELECONFERENCED | |
| *+ | HB 186 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 119 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
Anchorage, Alaska
December 5, 2023
2:03 p.m.
MEMBERS PRESENT
Representative Jesse Sumner, Chair
Representative Justin Ruffridge, Vice Chair (via teleconference)
Representative Mike Prax
Representative Dan Saddler (via teleconference)
Representative Stanley Wright
Representative Ashley Carrick (via teleconference)
MEMBERS ABSENT
Representative Zack Fields
COMMITTEE CALENDAR
HOUSE BILL NO. 119
"An Act relating to marijuana taxes; and providing for an
effective date."
- HEARD & HELD
HOUSE BILL NO. 186
"An Act relating to volunteer labor compliance officers; and
providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 115
"An Act relating to the practice of naturopathy; establishing
the Naturopathy Advisory Board; relating to the licensure of
naturopaths; relating to disciplinary sanctions for naturopaths;
relating to the Department of Commerce, Community, and Economic
Development; and providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 100
"An Act relating to teacher and public employee leave."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
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
04/26/23 (H) Heard & Held
04/26/23 (H) MINUTE(L&C)
08/17/23 (H) L&C AT 3:00 PM ANCH LIO DENALI Rm
08/17/23 (H) -- Rescheduled to 09/14/23 --
09/14/23 (H) L&C AT 3:00 PM ANCH LIO DENALI Rm
09/14/23 (H) -- Rescheduled from 08/17/23 --
11/16/23 (H) L&C AT 2:00 PM ANCH LIO DENALI Rm
11/16/23 (H) VOLUNTEER LABOR COMPLIANCE OFFICER PRGM
12/05/23 (H) L&C AT 2:00 PM ANCH LIO DENALI Rm
BILL: HB 186
SHORT TITLE: VOLUNTEER LABOR COMPLIANCE OFFICER PRGM
SPONSOR(s): LABOR & COMMERCE
05/03/23 (H) READ THE FIRST TIME - REFERRALS
05/03/23 (H) L&C, FIN
11/16/23 (H) L&C AT 2:00 PM ANCH LIO DENALI Rm
11/16/23 (H) <Bill Hearing Canceled>
12/05/23 (H) L&C AT 2:00 PM ANCH LIO DENALI Rm
BILL: HB 115
SHORT TITLE: NATUROPATHS: LICENSING; PRACTICE
SPONSOR(s): PRAX
03/17/23 (H) READ THE FIRST TIME - REFERRALS
03/17/23 (H) HSS, JUD, L&C
03/25/23 (H) HSS AT 3:00 PM DAVIS 106
03/25/23 (H) Heard & Held
03/25/23 (H) MINUTE(HSS)
04/06/23 (H) HSS AT 3:00 PM DAVIS 106
04/06/23 (H) Heard & Held
04/06/23 (H) MINUTE(HSS)
04/11/23 (H) HSS AT 3:00 PM DAVIS 106
04/11/23 (H) Heard & Held
04/11/23 (H) MINUTE(HSS)
04/13/23 (H) HSS AT 3:00 PM DAVIS 106
04/13/23 (H) <Bill Hearing Canceled>
04/18/23 (H) HSS AT 3:00 PM DAVIS 106
04/18/23 (H) Moved HB 115 Out of Committee
04/18/23 (H) MINUTE(HSS)
04/19/23 (H) JUD REFERRAL REMOVED
04/19/23 (H) BILL REPRINTED
04/20/23 (H) HSS RPT 1DP 1NR 5AM
04/20/23 (H) DP: PRAX
04/20/23 (H) NR: MCCORMICK
04/20/23 (H) AM: FIELDS, SUMNER, RUFFRIDGE, SADDLER,
MINA
12/05/23 (H) L&C AT 2:00 PM ANCH LIO DENALI Rm
BILL: HB 100
SHORT TITLE: PAID FAMILY LEAVE INSURANCE PLAN
SPONSOR(s): ARMSTRONG
03/08/23 (H) READ THE FIRST TIME - REFERRALS
03/08/23 (H) L&C, EDC
04/07/23 (H) L&C AT 3:15 PM BARNES 124
04/07/23 (H) -- MEETING CANCELED --
04/10/23 (H) L&C AT 3:15 PM BARNES 124
04/10/23 (H) <Bill Hearing Canceled>
05/01/23 (H) L&C AT 3:15 PM BARNES 124
05/01/23 (H) Heard & Held
05/01/23 (H) MINUTE(L&C)
12/05/23 (H) L&C AT 2:00 PM ANCH LIO DENALI Rm
WITNESS REGISTER
BIENVENIDO "BEN" METCALF, Staff
Representative Jesse Sumner
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: On behalf of the sponsor, the House Labor
and Commerce Standing Committee, presented the sponsor statement
and sectional analysis for HB 186.
NATALIE WIGGINS, ND
Alaska Association of Naturopathic Doctors
Anchorage, Alaska
POSITION STATEMENT: Provided invited testimony in support of HB
115.
CARRIE BALDWIN-SAYRE, ND, Director of Development
National University of Natural Medicine
Portland, Oregon
POSITION STATEMENT: As invited testifier during the hearing on
HB 115, characterized allowing naturopaths to have prescriptive
authority as low risk.
CLYDE JENSEN, PhD, MS, Professor of Pharmacology
College of Osteopathic Medicine
Rocky Vista University
Ivins, Utah
POSITION STATEMENT: As an invited testifier, offered his
expertise as a professor of pharmacology during the hearing on
HB 115.
SEAN HIGGINS, MD, Emergency Room Physician,
Alaska Regional Hospital
Anchorage, Alaska
POSITION STATEMENT: During the hearing on HB 115, shared that
he has witnessed naturopaths prescribe medications and perform
minor procedures safely and effectively in Washington.
ROB DOWNEY, MD
Seaworthy Functional Medicine
South Peninsula Hospital
Homer, Alaska
POSITION STATEMENT: During the hearing on HB 115, provided
invited testimony in support of allowing naturopathic doctors to
prescribe medicine.
SCOTT LUPER, ND,
Alaska Association of Naturopathic Doctors
Fairbanks, Alaska
POSITION STATEMENT: Provided invited testimony in support of HB
115.
REPRESENTATIVE JENNIE ARMSTRONG
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As the prime sponsor, presented HB 100.
TRISTAN WALSH, Staff
Representative Jennie Armstrong
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: On behalf of Representative Armstrong,
prime sponsor, gave the sectional analysis of HB 100 and
answered questions.
ACTION NARRATIVE
2:03:23 PM
CHAIR JESSE SUMNER called the House Labor and Commerce Standing
Committee meeting to order at 2:03 p.m. Representatives
Ruffridge (via teleconference), Prax, Wright, Carrick (via
teleconference), and Sumner were present at the call to order.
Representative Saddler arrived (via teleconference) as the
meeting was in progress.
HB 119-MARIJUANA TAX
2:04:27 PM
CHAIR SUMNER announced that the first order of business would be
HOUSE BILL NO. 119, "An Act relating to marijuana taxes; and
providing for an effective date." [Before the committee,
adopted as a working document on 4/26/23, was the proposed
committee substitute (CS) for HB 119, Version 33-LS0636\B,
Radford, 4/18/23, as amended on 11/16/23, ("Version B").]
2:04:46 PM
REPRESENTATIVE WRIGHT moved to rescind the committee's previous
action in adopting Amendment 9 to CSHB 119, Version B, as
amended.
2:05:21 PM
REPRESENTATIVE CARRICK observed that Amendment 9 had not been
offered during the 11/16/23 House Labor and Commerce Standing
Committee meeting.
2:05:50 PM
The committee took an at-ease from 2:05 p.m. to 2:06 p.m.
2:06:29 PM
CHAIR SUMNER read Amendment 9 [in the committee packet but never
offered].
2:08:43 PM
REPRESENTATIVE RUFFRIDGE observed that Amendment 9 had not been
offered during the 11/16/23 House Labor and Commerce Standing
Committee meeting.
2:09:16 PM
The committee took an at-ease from 2:09 p.m. to 2:10 p.m.
2:10:42 PM
CHAIR SUMNER indicated that the motion to rescind action had
been made to the incorrect amendment; therefore, he asked
Representative Wright to make the motion again, but for
Amendment 8.
2:10:54 PM
REPRESENTATIVE WRIGHT moved to rescind the committee's previous
action [on 11/16/23] in adopting Amendment 8 to CSHB 119,
Version B, as amended. There being no objection, it was so
ordered and Amendment 8 was once again before the committee.
2:11:27 PM
REPRESENTATIVE PRAX objected for the purpose of discussion. He
requested that Amendment 8 be read.
2:11:41 PM
CHAIR SUMNER read Amendment 8 to CSHB 119, Version B, as
amended, labeled 33-LS0636\B.8, Radford, 10/8/23, which read as
follows:
Page 1, line 10, through page 2, line 7:
Delete all material.
Renumber the following bill sections accordingly.
Page 3, line 9:
Delete "AS 43.61.010(b) is"
Insert "AS 43.61.010(b) - (f) and
AS 44.29.020(a)(14) are"
Page 3, line 15:
Delete "Sections 3 - 5"
Insert "Sections 2 - 4"
Page 3, line 16:
Delete "sec. 9"
Insert "sec. 8"
2:12:45 PM
REPRESENTATIVE PRAX commented that his objective concerns the
deletion of the designated funding from the marijuana tax; he
expressed the intention not to delete any programs under the
proposed bill.
2:13:34 PM
A roll call vote was taken. Representative Prax voted in favor
of Amendment 8 to CSHB 119, Version B, as amended.
Representatives Wright, Carrick, Ruffridge, Saddler, and Sumner
voted against it. Therefore, Amendment 8 failed by a vote of 1-
5.
[CSHB 119, Version B, as amended, was held over.]
HB 186-VOLUNTEER LABOR COMPLIANCE OFFICER PRGM
2:14:31 PM
CHAIR SUMNER announced that the next order of business would be
HOUSE BILL NO. 186, "An Act relating to volunteer labor
compliance officers; and providing for an effective date."
2:15:06 PM
BIENVENIDO "BEN" METCALF, Staff, Representative Jesse Sumner,
Alaska State Legislature, on behalf of the sponsor, the House
Labor and Commerce Standing Committee, presented HB 186 and
paraphrased the sponsor statement [included in the committee
packet], which read as follows [original punctuation provided]:
In Alaska, the construction industry plays a vital
role in our state's economy, employing hardworking
individuals who contribute to the growth and
development of our communities. While many employers
treat their workers fairly, some engage in unfair
practices that harm workers. Wage theft remains a
persistent issue, impacting countless workers who
rightfully deserve fair compensation for their
efforts. To address this problem, House Bill 186
proposes the creation of a Volunteer Labor Compliance
Officer Program, aimed at promoting compliance with
Alaska's labor laws, educating workers about their
rights, and harnessing the power of community
volunteers to ensure a fair and competitive
construction industry.
The creation of a statewide Volunteer Labor Compliance
Officer Program will serve multiple purposes:
1. Provide Technical Assistance and Support:
Contractors and subcontractors will receive
technical guidance to ensure proper worker
classification and adherence to Alaska's labor
laws.
2. Empower Workers: More workers will be educated
about their wage-related rights, ensuring
awareness of their entitlements.
3. Leverage Community Volunteers: Authorized
community volunteers will be trained to interview
workers at worksites concerning wages, benefits,
and hours, reducing the burden on government
resources, and fostering labor law compliance.
4. Reduce the Budget: Alleviate state budget
pressures while enhancing labor law enforcement
in Alaska's construction industry.
Creating a new program like the Volunteer Labor
Compliance Program raises the ceiling by lifting the
floor, ensuring that workers are protected on the job
while simultaneously promoting economic development
and growth within our state. By ensuring compliance
with labor standards, we can prevent unfair
competition resulting from unscrupulous employers who
exploit workers and undermine responsible businesses.
This will create an environment that encourages fair
and ethical practices, fostering healthy competition
and attracting businesses that prioritize the well-
being of their workforce.
In conclusion, we urge you to support and champion the
passage of House Bill 186 to create a Volunteer Labor
Compliance Officer Program in Alaska. By doing so, you
will demonstrate your commitment to the rights and
well-being of workers, the promotion of fair business
practices, and the overall prosperity of our state.
2:18:42 PM
MR. METCALF paraphrased the sectional analysis of HB 186
[included in the committee packet], which read as follows
[original punctuation provided]:
Section 1: Adds new Article to AS 23.05 directing the
Department of Labor and Workforce Development to
create a Volunteer Labor Compliance Officer Program
for said volunteers to inspect construction sites in
order to document compliance with state labor laws.
The Department of Labor and Workplace Development
through the Volunteer Labor Compliance Officer Program
will ensure the state has a roster of qualified
individuals to inspect constructions sites by
providing the proper training, safety equipment,
granting them the authority to enter a worksite and
inspect records outlined in AS 23.05.100. The
Department will also outline regulations for
volunteers such as ID badges, required safety
equipment, as well as specifying the insurance
coverage needed by volunteers.
Article 6 adds new statues to AS 23.05 outlining
powers and duties of the volunteer labor compliance
officer. These powers and duties include the ability
to access and inspect a construction site on behalf of
the department and initiate labor compliance
investigation, require volunteers to visibly display
the Dept. issued ID card and wear the required safety
equipment on site, email a report of the Department
visit within 48 hours, document that the officer is
covered by workers compensation, and maintain required
confidentiality. A volunteer labor compliance is not
allowed to be a state employee, issue citations or
enforce state labor laws. While conducting the
investigation the volunteer is not allowed to wear
attire of any other organization other than the
department, disparage the employer, organize, or
promote or display insignia for any other entity or
organization, or preform any type of work outside the
scope of the volunteer labor compliance officer while
acting the capacity of a volunteer labor compliance
officer. Article 6 also adds statues to AS 23.05
outlining to the department the requirements a
potential candidate must fill to be a volunteer labor
compliance officer, and the ability to permanently
revoke volunteer's badge in certain instances.
Section 2: Provides an immediate effective date.
2:21:13 PM
MR. METCALF, in response to Representative Prax, explained that
"wage theft" concerns workers being misclassified in order to
manipulate wages.
REPRESENTATIVE PRAX questioned to which group of employers this
would apply, for example, government contracts or employers with
a collective bargaining unit.
MR. METCALF responded that it would apply to worksites with
government contracts, worksites with collective bargaining
agreements, and worksites without collective bargaining
agreements. In response to two follow-up questions concerning
how wage theft would be determined and the scope of the problem,
he stated that he would follow up with these answers to the
committee.
2:24:51 PM
CHAIR SUMNER announced that HB 186 was held over.
HB 115-NATUROPATHS: LICENSING; PRACTICE
2:25:00 PM
CHAIR SUMNER announced that the next order of business would be
HOUSE BILL NO. 115, "An Act relating to the practice of
naturopathy; establishing the Naturopathy Advisory Board;
relating to the licensure of naturopaths; relating to
disciplinary sanctions for naturopaths; relating to the
Department of Commerce, Community, and Economic Development; and
providing for an effective date."
2:25:51 PM
REPRESENTATIVE PRAX, as prime sponsor, stated that the purpose
of HB 115 is to allow naturopaths to practice to the scope of
their training. He stated that currently they are trained to
prescribe drugs and do minor, in-office surgeries; however, they
are not allowed to do these things in Alaska. He explained that
the discussion to allow naturopaths to practice in this way in
the state has been ongoing for ten years. He pointed out that
in other states this is allowed, and evidence suggests that this
practice is viable. He deferred to the invited testimony.
2:27:40 PM
NATALIE WIGGINS, ND, Alaska Association of Naturopathic Doctors
(AKAND), gave invited testimony on HB 115. She stated that she
is representing AKAND in support of HB 115. She expressed the
opinion that this is in the best interest of Alaska residents,
as medical costs are rising, which is directly affected by the
accessibility of care and the shortage of medical providers.
She said that naturopaths are ready to address this shortage;
however, their practice is hindered by limitations in the state.
She addressed the concerns of their qualifications by discussing
naturopaths' educational requirements. She stated that after
completing a bachelor's degree, a naturopath in the state would
then complete an accredited four-year doctoral program. She
stated that the training includes 140 hours of pharmacology and
1,120 hours of clinical training, which includes prescriptive
management and minor office procedures. She stated that this
training is commensurate with nurse practitioners, who have a
less restrictive scope of practice in the state, and it is more
training than physician assistants receive. She pointed out
that both nurse practitioners and physician assistants have
prescriptive authority. She argued that these restrictions
prohibit naturopaths from fully using their skills in the state.
She pointed out that HB 115 mirrors legislation in other states,
adding that she had practiced for many years in Arizona in the
full scope of her training. She stated that in Arizona she also
provided training to medical students and nurses and oversite to
physician assistants.
DR. WIGGINS stated that she returned to Alaska to raise her
family; however, this meant that she had to give up her practice
to the extent of her training. She argued that when she moved
back to Alaska, her certified medical experience did not go
away. She stated that in Alaska she is forced to refer patients
when they need medications. Because of the limited availability
of providers, she pointed out the long wait time for patients
before being seen, and she argued that this is an unnecessary
burden to the state's health care infrastructure. She argued
that the patients of naturopaths in the state need their doctors
to have the ability to prescribe medications and perform minor
office procedures; otherwise, these patients would need
duplicative office appointments. She reiterated that the
proposed legislation would help cushion the overwhelming health
care burden. In summary, she stated that there are about 45
licensed naturopathic doctors in the state who are qualified and
trained for prescriptive needs and minor office procedures.
2:35:34 PM
REPRESENTATIVE SADDLER questioned who trains the naturopaths.
DR. WIGGINS explained that clinical training is led by medical
doctors and naturopathic doctors.
2:37:08 PM
REPRESENTATIVE WRIGHT questioned whether there were any
instances during her work in Arizona which required another
doctor.
DR. WIGGINS stated that in Arizona her prescriptive authority
did not include chemotherapy. In response to a follow-up
question, she stated that in a primary care setting, there are
always times when patients need to be referred to other
specialists.
2:39:01 PM
CARRIE BALDWIN-SAYRE, ND, Director of Advanced Community
Engagement, National University of Natural Medicine (NUNM), gave
invited testimony on HB 115. She addressed the education and
training completed by naturopathic physicians at NUNM. To
become a licensed naturopathic physician, she said that an
individual must attend an accredited naturopathic medical school
overseen by the US Department of Education. She added that NUNM
is overseen by both programmatic accreditors and a regional
institutional accreditor. She stated that this regional
institutional accreditor sets the standards for curriculum
delivery, performance outcomes, financial stability of the
institution, and more. She added that this is the same
accreditor which oversees the University of Alaska's program.
DR. BALDWIN-SAYRE stated that the naturopathic medical program
at NUNM is a four-year graduate program, and it includes
approximately 5,047 hours of education and 1,254 hours of direct
clinical exposure. She said that this program is comparable to
the education requirements for many other medical providers, and
admissions requirements are nearly identical to the
prerequisites for any other medical doctor program in the
country.
DR. BALDWIN-SAYRE described the first two years of academic
education at NUNM for naturopaths, which includes a foundation
in human sciences and extensive study in diagnostic methods and
procedures. She stated that students are measured by the
biomedical science national board exam. She stated that the
second two years of the program focuses on clinical
applications, with courses providing a framework for developing
graduates into primary care physicians. Students also take
courses on disease management and prevention using nutrition,
lifestyle counseling, botanical medicine, pharmaceutical
prescribing, and minor surgery. Students complete nearly 1,300
hours of direct clinical training and must pass three hands-on
clinical examinations to graduate, and this includes a full year
with their own patient load. In addition to graduation from an
accredited institution, to become eligible for licensure, all
candidates must pass two national board examinations.
DR. BALDWIN-SAYRE, in summary, highlighted that naturopathic
medical colleges prepares graduates to be competent, safe, and
effective healthcare providers who can assess the primary care
needs of their patients, particularly in medically underserved
states. She advised that allowing naturopaths to have
prescriptive authority and the ability to perform minor office
procedures would be a low risk in relation to the existing scope
of their practice, as this is well within the confines of their
training. She added that this would help keep the cost for
patients down, as it avoids multiple office visits.
2:45:32 PM
CLYDE JENSEN, PhD, MS, Professor of Pharmacology, College of
Osteopathic Medicine, Rocky Vista University, provided invited
testimony on HB 115. He shared his credentials, which includes
being a professor of naturopathic medicine. He said he was
present today to offer his expertise. He explained that
pharmacology is the study of how drugs work, when the drugs
should be used, and any side effects the drugs may have. He
stated that medical professional study pharmacology in
preparation for prescribing drugs. He testified that the
pharmacology taught to medical doctors, naturopaths, and
osteopaths is identical in quality, hours, and intensity. From
his experience, he stated that he has an overview of not only
the instruction but how the instruction will be utilized.
2:48:36 PM
SEAN HIGGINS, MD, Emergency Room Physician, Alaska Regional
Hospital, provided invited testimony on HB 115. He shared that
before his practice in Alaska he had worked in Seattle, where
naturopaths are permitted to work in a broader scope which
better represents their skill set and training. He addressed
the shortage in health providers in Alaska, and he advised that
this results in more trips to the emergency room. He stated
that about 30 percent of cases seen in emergency rooms should be
handled by a primary care physician, and he listed many of these
conditions. He pointed out that this equates to expensive and
unnecessary bills for patients and a strain on emergency room
resources and staff. He argued that this is forcing emergency
room doctors to practice primary care, which is outside of their
scope of practice. He continued that allowing naturopaths to
practice to the extent of their training would increase the
number of primary care givers in Alaska. He reiterated the
qualifications of naturopaths. He noted that he has witnessed
naturopaths prescribe medications and perform minor procedures
safely and effectively in Washington, and he said that he is
"baffled" that they cannot do this in Alaska. He referenced the
preventative medicines that naturopaths provide.
2:53:19 PM
ROB DOWNEY, MD, Seaworthy Functional Medicine, South Peninsula
Hospital, provided invited testimony on HB 115. He shared that
he has worked alongside many naturopathic doctors for the past
17 years, and he conveyed respect in speaking on behalf of these
doctors. He reiterated naturopaths are properly trained to
administer prescription drugs and perform minor procedures. He
recommended that the proposed legislation be passed. He shared
that he has been a medical doctor with 23 years of experience in
family practice and 17 years of experience providing functional
medicine, which is like naturopathic medicine for medical
doctors. He added that he has also been a medical facility
administrator. He expressed respect for his colleagues who are
naturopaths in Alaska. He noted the irony in withholding these
privileges from naturopaths, as these doctors tend to be more
careful in recommending the use of medication.
DR. DOWNEY estimated that only 35 percent of existing medical
care needs are being met in Alaska. Referencing the 65 percent
of medical needs in communities not being met, he provided
examples of how naturopaths could help. He expressed
understanding why members of the conventional medical community
could be alarmed by the proposed legislation, as this medical
community culture is philosophically conservative and "feel the
safest protecting the status quo." However, he continued that
this attitude is leaving needs unmet, failing to match available
resources with qualified providers. He expressed the opinion
that the medical community would be "relieved" once this service
is witnessed. He argued that it is time for naturopathic
doctors to be able to prescribe medicine and to do the minor
procedures for which they are trained .
2:59:49 PM
SCOTT LUPER, ND, Alaska Association of Naturopathic Doctors,
provided invited testimony on HB 115. He stated that he has
been practicing for 35 years in the state. In reference to
students studying naturopathic medicine, he said that these
students are required to be supervised by licensed naturopathic
doctors and medical doctors. He argued that the passage of HB
115 would bring the practice of naturopaths in line with their
training and education, which is in primary care, and this is
important because of the need of primary care doctors in Alaska.
He expressed the opinion that the competency of naturopaths is
reflected in the low rate of complaints across the nation and
the low cost of malpractice insurance in licensed states. He
said that the opposition to the proposed legislation comes from
the Alaska State Medical Association. He pointed out that other
medical providers, such as nurse practitioners and osteopaths,
have all stood in this same position against the medical
association in the state. He urged the passage of HB 115.
3:03:23 PM
REPRESENTATIVE PRAX thanked the committee. He said work was
done to provide documentation around the legislation, and he
encouraged members to review these materials.
3:04:35 PM
CHAIR SUMNER announced that HB 115 was held over.
3:04:57 PM
The committee took an at-ease from 3:04 p.m. to 3:05 p.m.
HB 100-PAID FAMILY LEAVE INSURANCE PLAN
3:05:49 PM
CHAIR SUMNER announced that the final order of business would be
HOUSE BILL NO. 100, "An Act relating to teacher and public
employee leave."
3:06:09 PM
REPRESENTATIVE JENNIE ARMSTRONG, Alaska State Legislature, as
prime sponsor, presented HB 100. She began by stating that the
proposed bill would establish a paid family leave plan in
Alaska. She stated this would address many issues the state
faces regarding the economy and workforce. She expressed the
opinion that Alaska is already a cost-prohibitive state to raise
a family, and this is because of the lack of child care and paid
family leave. She added that Alaska also has a high infant
mortality rate.
REPRESENTATIVE ARMSTRONG returned to the PowerPoint
presentation, which she had begun during the meeting [on
5/1/23], titled "HB 100, Paid Family and Medical Leave" [hard
copy included in the committee packet]. She began on slide 19,
which recapped the information on the previous slides.
REPRESENTATIVE ARMSTRONG stated that an economic trend report
from December 2023 by the Department of Labor and Workforce
Development shows that in 2022, Alaska had its tenth straight
year of net out migration. She suggested that the out migration
is specifically young professionals, and this is the population
who would be starting new families. It was reported that
employers in the state are spending 21 percent of a position's
salary recruiting new candidates. The report also conveyed that
there are two jobs for every available worker. She urged that
the state must address the question of how to empower families
and the workforce in the future.
REPRESENTATIVE ARMSTRONG reviewed the background of paid family
leave on slide 19. She said that before 1993 and the American
Family Leave Act (FMLA), there was no federal policy addressing
this. She pointed out that currently the state has the Alaska
Family Leave Act (AFLA), and this protects jobs during extended
absences. She argued that establishing paid family leave would
help families remain in the state, as children would receive
better medical care and mothers would be able to join the
workforce at a faster rate. Moving to slide 20, she stated that
every state in the country has, or is in the process of passing,
similar legislation. Except for the proposed legislation, she
said Alaska would have been the only state in the country not
taking action. She reiterated that the proposed legislation
would help with the out migration and also help recruit families
to the state. She stated that this is important because Alaska
has an aging population.
3:11:02 PM
REPRESENTATIVE ARMSTRONG stated that HB 100, Version B, would
provide a "lighter footprint and expanded coverage." She
explained that this would be done by implementing an insurance
policy for employers to purchase for employees. She further
explained the details of the policy as seen on slide 21. She
stated that the goal with the legislation is to move the current
AFLA to a paid family leave program. She continued that Version
B adds that this would be carried into the private market. On
slide 22, she listed the proposed plan's coverage, as follows:
18 paid leave weeks for state employees; 6-18 weeks for
employees of political subdivisions; 6-12 weeks for enrolled
employees of a participating private employer; and 6 weeks for
an employee enrolled through the purchasing pool, which she
noted would allow every employee in the state to opt into the
plan. She added that all paid leave would be equal to 100
percent of an employee's average weekly wage, but this could not
exceed $3,000 per week.
3:14:29 PM
REPRESENTATIVE ARMSTRONG moved to slide 23 and discussed other
states in the country that are offering similar legislation.
She suggested that this version would give the opportunity to
have wide spread public investment in an individual household.
Referencing models in other states, she reiterated that this
model has a small footprint and a wide reach. She pointed out
that the initial version of the bill had required a large state
investment but would only cover state employees. She said that
Version B would expand coverage to the private sector. She
moved to slide 24 to discuss cost/benefit paid family medical
leave. She stated that because the proposed legislation
establishes a state policy through an insurance provider, the
insurance provider would be allowed to extend the insurance to a
wider range of Alaskans on an optional basis.
3:16:00 PM
TRISTAN WALSH, Staff, Representative Jennie Armstrong, Alaska
State Legislature, on behalf of Representative Armstrong, prime
sponsor, paraphrased the sectional analysis of HB 100, Version
B, [copy included in the committee packet], which read as
follows:
Section 1:
This section amends AS 23.10 to add Article 9, the
Alaska Paid Family Leave Plan to the statues regarding
State Employment Practices and Working Conditions.
AS 23.10.700 (a) instructs the commissioner of labor &
workforce development and the commissioner of
administration to jointly procure a paid family leave
insurance plan, defines which employees may be
eligible to use it, and how they are entitled to
participate.
AS 23.10.700 (b) mandates that the procurement process
will be governed by the State of Alaska Procurement
Code.
AS 23.10.700 (c) provides for evaluation of the
responses for that procurement, and requires they be
filed with the director of insurance for approval.
AS 23.10.700 (d) specifies that the parameters of the
plan adopted by both departments must include: length
and time of open enrollment, enrollment processes for
various eligible employees; and how premiums would be
paid or deducted.
AS 23.10.700(e) directs the commissioners of
administration and labor & workforce development to
adopt procedures for collection of information and
premiums from covered employees and transmission of
such to the insurer, and penalties for late payments
will be calculated.
AS 23.10.710(a) specifies wage replacement for
eligible employees, and how to calculate the average
weekly wage for eligible employees.
AS 23.10.710(b) specifies the maximum allowable family
leave eligible employees may take. It states the plan
may not impose a minimum duration.
AS 23.10.710(c) sets the employment eligibility
requirements for covered employees.
AS 23.10.720(a) states that a political subdivision of
the state or a private employer may opt into the paid
family leave plan established in AS 23.10.700. It
states that these entities shall contract directly
with the insurer, and provides for parameters on their
participation in the paid family leave plan.
AS 23.10.720(b) requires that any premium charged by
the insurer to the political subdivision or private
employer must be actuarially justified and derived
from the state employee premium.
AS 23.10.720(c) states that an employee of a
participating employer or political subdivision may
choose to enroll in the plan.
As 23.10.720(d) states that a participating political
subdivision or private employer pay premiums directly
to the insurer; they may do so via payroll deductions.
AS 23.10.720(e) states that a participating employer
with 50 or more employees maintain coverage in any
group health plan at the level and conditions if the
employee had stayed at work; it requires them to
restore the employee to the same or reasonably same
role after returning to work; declares that they may
not retaliate or discriminate against the employee if
they take family leave. This section reflects the
requirements of the national Family Medical Leave Act.
AS 23.10.720(f) states that a participating employer
with fewer than 50 employees may collect and transmit
the premiums directly to the insurer or to the
purchasing pool premium account; it states that they
may deduct the premiums via payroll deductions.
AS 23.10.730 (a) establishes the purchasing pool
premium account, and requires the insurer to
participate in it.
As 23.10.730 (b) allows an employee of a political
subdivision or private employer that does not
participate in the family leave plan or offer a
substantially similar family leave benefit to contract
indirectly with an insurer via the purchasing pool.
AS 23.10.730 (c) allows that the pool may be
experience rated. This section establishes a waiting
period and elimination period, as well as open
enrollment processes. It caps the coverage premiums at
$5 a week.
AS 23.10.730 (d) states that the private employer or
political subdivision of the state with 50 more
employees whose employee participates in the
purchasing pool transfer that employees' premiums
directly to the insurer via payroll deduction. An
employer with less than 50 employees may pay those
premiums directly to the purchasing pool.
AS 23.10.730(e) requires the commissioner of
administration to separately account for purchasing
pool premium payments received by the department; and
for payment of premiums to an insurer participating in
a family leave insurance plan purchasing pool premium
account.
AS 23.10.740(a) establishes the purchasing pool
premium stabilization account. It requires the
commissioner of administration to account separately
for premium taxes on family leave insurance plans,
appropriations made for the purchasing pool
stabilization, and gifts, grants and donations made
for the purpose of stabilizing the purchasing pool.
AS 23.10.740(b) allows the legislature to appropriate
funds to the purchasing pool so that premiums do not
exceed $5 per week.
AS 23.10.750 (a) establishes the family leave
insurance advisory board, to support the Commissioner
of Administration in implementing and administering
the family leave insurance plans.
AS 23.10.750(b) directs the composition of the family
leave insurance advisory board.
AS 23.10.750(c) requires the advisory board to meet at
least quarterly.
AS 23.10.760 declares that the provisions of AS
23.10.700-23.10.790 are not subject to
collective bargaining.
AS 23.10.770 (a) requires the Department of Labor and
Workforce Development, in conjunction with the
Department of Administration, to prepare and submit a
report to the Legislature by January 15th of each
year.
AS 23.10.770 (b) directs the Department of Labor and
Workforce Development to work in
conjunction with the Department of Administration
develop an outreach program to educate workers,
families, and employers on the benefits of
participation in the paid family leave program.
AS 23.10.780 directs that the Commissioners of the
Departments of Labor and Workforce Development, and
Commissioner of Administration, may issue regulations
to implement AS 23.10.700-23.10.790.
AS 23.10.790 is the definitions section for specific
terms in AS 23.10.700-23.10.790.
Section 2:
This section amends Chapter 39 Public Officers and
Employees pay and compensation, for conforming changes
under Section 1.
AS 39.20.305(a) is amended to allow an employee of the
state to take paid family leave. This is a conforming
change. The state may not require the employee to
substitute accrued paid leave to which the employee is
entitled.
Section 3:
This section establishes parameters for the Alaska
Paid Family Leave Plan for state employees.
AS 39.20.500(b) is amended to reflect that state
employees are entitled to paid family leave; because a
political subdivision may choose to opt in or not, an
employee of a political subdivision may opt into such
a program through AS 23.10.700-23.10.790, and such an
employer is not allowed to require the employee to
substitute accrued paid leave. It also establishes
that eligible reasons to take paid family leave
include pregnancy and birth of a child, placement of a
child, caring for a child, spouse or parent who has a
serious health condition, and the employee's own
serious health condition.
Section 4:
This section makes conforming changes to Title 39,
Chapter 20 to reflect the ongoing employment of the
employee.
AS 39.20.500(d) is amended to delete the reference to
unpaid leave.
Section 5:
This section is a conforming change. Because the
policy is offered outright to all state employees, the
language is a conforming change.
AS 39.20.500(f) is amended to include political
subdivisions of the state. This is a conforming
change. If a political subdivision did decide to
provide the benefit, their staff would be covered.
Section 6:
These are conforming changes.
AS 39.20.550(2) is amended to make conforming changes
to the definition of "employer".
Section 7:
This section establishes a paid family leave tax
credit for eligible taxpayers that provide this
benefit.
AS 43.20 is amended to include AS 43.20.075, a family
leave insurance tax credit: taxpayers providing family
leave insurance plans are allowed a credit equal to 50
percent of the premium paid by the taxpayer for the
year in which the premium is paid.
Section 8: This section provides for a transition
date and implementation of the paid family leave plan.
3:24:27 PM
REPRESENTATIVE PRAX offered his understanding that the state
would be required to provide coverage, political subdivisions
would be able to choose whether to opt in, and companies with
more than 50 employees would be required to participate.
MR. WALSH responded that it is optional for all employers in the
state, other than the state itself. He explained that employers
with more than 50 employees would still have to follow FMLA. In
response to a follow-up question, he stated that there is a
discussion concerning a cost/benefit analysis. He added that
the proposed legislation would require an actuarial analysis.
This would look at the state pool and the rate a private
employer would pay. He added that the plan would be actuarially
based, with modifications for private employers that decide to
offer the benefit. These modifications would be made with the
state's insurance provider.
REPRESENTATIVE PRAX expressed the understanding that the benefit
would be based on the number of people employed in a company.
He questioned whether private employers with a smaller number of
employees would be penalized for having fewer employees.
MR. WALSH responded that these employees would just become part
of the state's pool.
REPRESENTATIVE PRAX, in regard to an employer opting out,
questioned whether an individual employee could become part of
the program.
REPRESENTATIVE ARMSTRONG responded that there will be an
individual purchasing pool available to any worker in the state.
3:28:46 PM
REPRESENTATIVE WRIGHT questioned what the cost would be to buy
into the insurance plan.
MR. WALSH pointed to [slide 20] and explained the costs in
similar plans in other states. He stated that Washinton State's
plan is $2 a week, while New Hampshire's plan is $5 a week. He
added that the contract with the insurance provider would
determine the cost.
[HB 100 was held over.]
3:30:02 PM
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
3:30 p.m.