02/21/2024 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB206 | |
| SB147 | |
| SB183 | |
| SB197 | |
| HB57 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 147 | TELECONFERENCED | |
| += | SB 206 | TELECONFERENCED | |
| += | SB 183 | TELECONFERENCED | |
| += | SB 197 | TELECONFERENCED | |
| += | HB 57 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
February 21, 2024
2:23 p.m.
MEMBERS PRESENT
Senator Jesse Bjorkman, Chair
Senator Elvi Gray-Jackson
Senator Kelly Merrick
Senator Forrest Dunbar
MEMBERS ABSENT
Senator Click Bishop, Vice Chair
COMMITTEE CALENDAR
SENATE BILL NO. 206
"An Act relating to workers' compensation reemployment benefits;
establishing a workers' compensation stay-at-work program; and
providing for an effective date."
- MOVED SB 206 OUT OF COMMITTEE
SENATE BILL NO. 147
"An Act relating to reemployment rights and benefits."
- MOVED CSSB 147(L&C) OUT OF COMMITTEE
SENATE BILL NO. 183
"An Act relating to the workers' compensation benefits guaranty
fund; and providing for an effective date."
- MOVED SB 183 OUT OF COMMITTEE
SENATE BILL NO. 197
"An Act relating to residential building codes; relating to
construction contractors and residential contractor
endorsements; establishing the Alaska State Building Code
Council; and providing for an effective date."
- MOVED SB 197 OUT OF COMMITTEE
HOUSE BILL NO. 57
"An Act relating to review organizations and permitting an
emergency medical services provider to establish a review
organization; and relating to patient records."
- MOVED HB 57 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 206
SHORT TITLE: WORKERS' COMP. STAY-AT-WORK PROGRAM
SPONSOR(s): SENATOR(s) GRAY-JACKSON
01/24/24 (S) READ THE FIRST TIME - REFERRALS
01/24/24 (S) L&C, FIN
02/14/24 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/14/24 (S) Heard & Held
02/14/24 (S) MINUTE(L&C)
02/21/24 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 147
SHORT TITLE: REEMPLOYMENT BENEFITS
SPONSOR(s): SENATOR(s) KAUFMAN
05/11/23 (S) READ THE FIRST TIME - REFERRALS
05/11/23 (S) L&C, FIN
02/14/24 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/14/24 (S) Heard & Held
02/14/24 (S) MINUTE(L&C)
02/19/24 (S) FIN REFERRAL REMOVED
02/21/24 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 183
SHORT TITLE: WORKERS' COMP BENEFITS GUARANTY FUND
SPONSOR(s): LABOR & COMMERCE
01/16/24 (S) READ THE FIRST TIME - REFERRALS
01/16/24 (S) L&C, FIN
02/12/24 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/12/24 (S) Heard & Held
02/12/24 (S) MINUTE(L&C)
02/21/24 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 197
SHORT TITLE: RESIDENTIAL BUILDING CODE
SPONSOR(s): BJORKMAN
01/22/24 (S) READ THE FIRST TIME - REFERRALS
01/22/24 (S) L&C, FIN
02/12/24 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/12/24 (S) Heard & Held
02/12/24 (S) MINUTE(L&C)
02/21/24 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 57
SHORT TITLE: EMERGENCY MED. SVCS: REVIEW ORGANIZATIONS
SPONSOR(s): WRIGHT
02/03/23 (H) READ THE FIRST TIME - REFERRALS
02/03/23 (H) L&C, HSS
02/17/23 (H) L&C AT 3:15 PM BARNES 124
02/17/23 (H) Heard & Held
02/17/23 (H) MINUTE(L&C)
03/03/23 (H) L&C AT 3:15 PM BARNES 124
03/03/23 (H) Moved HB 57 Out of Committee
03/03/23 (H) MINUTE(L&C)
03/06/23 (H) L&C RPT 4DP 1NR
03/06/23 (H) DP: SADDLER, PRAX, RUFFRIDGE, SUMNER
03/06/23 (H) NR: CARRICK
03/21/23 (H) HSS AT 3:00 PM DAVIS 106
03/21/23 (H) Heard & Held
03/21/23 (H) MINUTE(HSS)
03/28/23 (H) HSS AT 3:00 PM DAVIS 106
03/28/23 (H) Moved HB 57 Out of Committee
03/28/23 (H) MINUTE(HSS)
03/29/23 (H) HSS RPT 5DP
03/29/23 (H) DP: RUFFRIDGE, SUMNER, FIELDS, MINA,
PRAX
05/09/23 (H) TRANSMITTED TO (S)
05/09/23 (H) VERSION: HB 57
05/10/23 (S) READ THE FIRST TIME - REFERRALS
05/10/23 (S) L&C, HSS
02/12/24 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/12/24 (S) Heard & Held
02/12/24 (S) MINUTE(L&C)
02/21/24 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
SENATOR JAMES KAUFMAN, District F
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 147.
DOMINICK HARNETT, staff
Senator James Kaufman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Explained the summary of changes for SB 147
on behalf of the bill sponsor.
LAURA ACHEE, staff
Senator Jesse Bjorkman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Gave a recap of SB 183 and SB 197 on behalf
of the bill sponsor.
KALEB WESTFALL, representing self
Dillingham, Alaska
POSITION STATEMENT: Testified in support of SB 197.
DEAN BARTHSCH, representing self
Nikiski, Alaska
POSITION STATEMENT: Testified in opposition to SB 197.
ED MARTIN, representing self
Kenai, Alaska
POSITION STATEMENT: Testified in opposition to SB 197.
RACHEL GUNN, staff
Senator Jesse Bjorkman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Gave a recap of HB 57 on behalf of the bill
sponsor.
BRIAN WEBB, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 57.
DR. JOSEPH LIVENGOOD, Medical Director
Division of Forestry and Fire Protection
Department of Natural Resources (DNR)
Ketchikan, Alaska
POSITION STATEMENT: Testified in support of HB 57.
ACTION NARRATIVE
2:23:29 PM
CHAIR JESSE BJORKMAN called the Senate Labor and Commerce
Standing Committee meeting to order at 2:23 p.m. Present at the
call to order were Senators Gray-Jackson, Dunbar, Merrick, and
Chair Bjorkman.
SB 206-WORKERS' COMP. STAY-AT-WORK PROGRAM
2:24:22 PM
CHAIR BJORKMAN announced the consideration of SENATE BILL NO.
206 "An Act relating to workers' compensation reemployment
benefits; establishing a workers' compensation stay-at-work
program; and providing for an effective date."
He expressed that the intention of the committee is to recap the
bill, take public testimony and look to the will of the
committee.
2:25:00 PM
SENATOR ELVI GRAY-JACKSON, speaking as the sponsor of SB 206,
read from sections of the sponsor statement for SB 206:
Each year, countless workers face the challenges of
injuries, illnesses, or changes in their disability
status, often leading to significant time away from
work. This not only affects their livelihoods but also
impacts the workforce and economy at large. Senate
Bill 206, which would establish a stay-at-work and
return-to-work program, seeks to restore Alaska's once
strong and healthy workforce. Through the creation of
this program, an injured worker may elect assistance
to return-to-work with their employer at the time of
injury. The Program is optional and can be declined by
a worker or an employer.
Across the United States, states like Oregon and
Montana, have made significant strides in implementing
SAW/RTW initiatives. These programs have demonstrated
success in reducing the time employees spend away from
work due to disabilities or injuries, offering
financial incentives, and facilitating necessary
workplace adjustments. The adoption of similar
legislation in Alaska promises substantial benefits.
It can enhance our state's workforce stability, reduce
the economic impact of prolonged employee absence, and
promote a more inclusive and supportive work
environment. By passing this legislation, Alaska can
join other states in leading the way towards a more
adaptable and supportive workforce, ultimately
benefiting both our economy and the wellbeing of
Alaskan workers.
2:26:57 PM
CHAIR BJORKMAN opened public testimony on SB 206; finding none,
he closed public testimony.
2:27:52 PM
CHAIR BJORKMAN solicited a motion.
2:27:56 PM
SENATOR MERRICK moved to report SB 206, work order 33-LS1084\A
from committee with individual recommendations and attached
fiscal note(s).
2:28:14 PM
CHAIR BJORKMAN found no objection and SB 206 was reported from
the Senate Labor and Commerce Standing Committee.
2:28:27 PM
At ease
2:29:33 PM
CHAIR BJORKMAN reconvened the meeting.
SB 147-REEMPLOYMENT BENEFITS
2:29:40 PM
CHAIR BJORKMAN announced the consideration of SENATE BILL NO.
147
"An Act relating to reemployment rights and benefits."
This is the second hearing of the bill. He expressed that the
intention of the committee is to recap the bill, take public
testimony, consider a committee substitute, and look to the will
of the committee.
2:30:13 PM
SENATOR JAMES KAUFMAN, District F, Alaska State Legislature,
Juneau, Alaska, sponsor of SB 147, gave a recap of the bill:
SB 147 - Reemployment Benefits seeks to address some
of the shortcomings that we have in the Alaska Workers
Compensation system. It further improves the workers
compensation system by fixing unnecessary
administrative burdens, clarifying the role of
stakeholders in the process.
2:30:59 PM
CHAIR BJORKMAN opened public testimony on SB 147; finding none,
he closed public testimony.
2:31:24 PM
CHAIR BJORKMAN solicited a motion.
2:31:26 PM
SENATOR MERRICK moved to adopt the committee substitute (CS) for
SB 147, work order 33-LS0799\B, as the working document.
2:31:39 PM
CHAIR BJORKMAN objected for purposes of explanation.
2:31:53 PM
DOMINICK HARNETT, staff, Senator James Kaufman, Alaska State
Legislature, Juneau, Alaska, explained the summary of changes
for SB 147 on behalf of the bill sponsor:
[Original punctuation provided.]
Summary of Changes for SB 147 Bill Version A to B
"An Act relating to reemployment rights and benefits;
and providing for an effective date."
Page 4, Lines 2-18
Creates new Section 4 amending 23.30.041(e) to repeal
statute requiring use of the 1993 Edition of the
United States Department of Labor's "Selected
Characteristics of Occupations Defined in the Revised
Dictionary of Occupational Titles" and instead allow
the rehabilitation specialist to develop a job
analysis.
Renumbers following sections accordingly.
Page 4, Line 19-22
Adds clarifying language and adds language requiring
the rehabilitation specialist to prepare and provide
to the employee and employer a complete reemployment
plan.
Page 4, Line 31 through Page 5, Line 2
Adds language to allow consideration of training and
employment services offered by the Department of
Labor and Workforce Development under AS 23.15 instead
of requiring its use.
Page 5, Line 4-11
Makes technical changes to create a list of
subcategories and includes a provision to allow for
job search and job placement activities as allowable
in a reemployment plan. Currently these items are not
allowed under statute.
Page 5, Line 28 through Page 6, Line 3
Adds language to provide a timeline of 90 days from
the date of service for either party to request a
review of the reemployment plan. Currently there is no
timeline, and the request can be made at any time.
Removes Section 7, 8, and 9 of the original bill.
2:33:50 PM
MR. HARNETT continued explaining the summary of changes:
[Original punctuation provided.]
Page 6 Lines 16-17
Creates new section 7 which adds language to adjust
for inflation not less than once every five years.
Page 6 Lines 19-29
Creates new section 8 which creates new subsection (s)
in AS 23.30.041 to allow for the maximum amount of
$4,000 to be used for costs incurred for job
modification services or device and reasonable travel
and relocation expenses associated with searching for
new employment, return to work in a new location, and
attendance at an on-the-job training program.
Page 6 Line 30
Creates new section 9 which repeals AS 23.30.041(p).
Page 6 Line 31
Adds an immediate effective date under AS
01.10.070(c).
2:35:07 PM
CHAIR BJORKMAN removed his objection; finding no further
objection, CS SB 147, work order 33-LS0799\B was adopted as the
working document.
2:35:30 PM
CHAIR BJORKMAN solicited the will of the committee.
2:35:33 PM
SENATOR MERRICK moved to report CSSB 147, work order 33-
LS0799\B, from committee with individual recommendations and
attached fiscal note(s).
2:35:46 PM
CHAIR BJORKMAN found no objection and CSSB 147 (L&C) was
reported from the Senate Labor and Commerce Standing Committee.
2:36:00 PM
At ease
2:38:00 PM
CHAIR BJORKMAN reconvened the meeting.
SB 183-WORKERS' COMP BENEFITS GUARANTY FUND
2:38:07 PM
CHAIR BJORKMAN announced the consideration of SENATE BILL NO.
183 "An Act relating to the workers' compensation benefits
guaranty fund; and providing for an effective date."
He expressed that the intention of the committee is to recap the
bill, take public testimony and look to the will of the
committee.
2:38:18 PM
LAURA ACHEE, staff, Senator Jesse Bjorkman, Alaska State
Legislature, Juneau, Alaska, gave a recap of SB 183 on behalf of
the bill sponsor:
Senate Bill 183 would move the Workers Compensation
Benefits Guaranty Fund from the general fund to the
state treasury. The purpose of this move is to remove
the fund from those funds that are 'sweepable' under
the constitutional CBR sweep and to better ensure that
beneficiaries of the fund receive timely payments.
2:39:21 PM
CHAIR BJORKMAN opened public testimony on SB 183; finding none,
he closed public testimony.
2:39:54 PM
CHAIR BJORKMAN solicited a motion.
2:39:55 PM
SENATOR GRAY-JACKSON moved to report SB 183, work order 33-
LS1120\A, from committee with individual recommendations and
accompanying fiscal notes.
2:40:10 PM
CHAIR BJORKMAN found no objection and SB 183 was reported from
the Senate Labor and Commerce Standing Committee.
2:40:26 PM
At ease
2:41:35 PM
CHAIR BJORKMAN reconvened the meeting.
SB 197-RESIDENTIAL BUILDING CODE
2:41:43 PM
CHAIR BJORKMAN announced the consideration of SENATE BILL NO.
197 "An Act relating to residential building codes; relating to
construction contractors and residential contractor
endorsements; establishing the Alaska State Building Code
Council; and providing for an effective date."
This is the second hearing of the bill. He expressed that the
intention of the committee is to recap the bill, take public
testimony, and look to the will of the committee.
2:42:14 PM
LAURA ACHEE, staff, Senator Jesse Bjorkman, Alaska State
Legislature, Juneau, Alaska, gave a recap of SB 197. She stated
that SB 197 would establish a statewide residential building
code that would apply to residences that are built in areas that
do not already have municipal building code. The code would fall
under the statutes of the Alaska Housing Finance Corporation
(AHFC), the organization that would be responsible for
maintaining the code and making updates to the code as
necessary. The bill also creates an advisory committee of people
from the industry to help advise AHFC on necessary updates to
the code.
She added that SB 197 allows for modifications to the code to be
made to encompass Alaska's unique building environment and would
allow for lumber created under the Alaska local lumber grading
program to be used in residential construction.
2:43:12 PM
CHAIR BJORKMAN asked if committee members had any questions.
2:43:18 PM
CHAIR BJORKMAN asked if the code would apply to people building
their own home.
2:43:25 PM
MS. ACHEE replied that if the person building the home intends
to occupy the home and they are outside of a jurisdiction that
has a municipal building code then it would not.
2:43:42 PM
CHAIR BJORKMAN opened public testimony on SB 197.
2:44:01 PM
KALEB WESTFALL, representing self, Dillingham, Alaska, testified
in support of SB 197. He stated that he is a city council member
in Dillingham and was a subcontractor to the largest developer
in the valley. SB 197 would help clarify a lot of issues
statewide for rural Alaska. He expressed his hope that the bill
would help build the future of the state.
2:45:05 PM
DEAN BARTHSCH, representing self, Nikiski, Alaska, testified in
opposition to SB 197. He stated that the bill is an extension of
government where it is not needed. Uniform Building Code (UBC)
already exists and if one wants a builder to build to a code
they can use UBC. The redress being addressed already exists; if
a builder does a substandard job, the client can sue them. He
suggested that a positive change would be to make builder's
licenses difficult to obtain as a form of frontloading
protection. He warned against starting another bureaucracy in
the government, as it would only expand; the goal is to shrink
government. He opined that building on one's own property should
involve as few people as possible. He reiterated his vehement
opposition to SB 197.
2:47:41 PM
ED MARTIN, representing self, Kenai, Alaska, testified in
opposition to SB 197. He stated that there is enough code,
particularly for financed homes. He stated his belief that
eventually SB 197 would impact people building their own homes.
He expressed his disbelief that this bill is needed. He
suggested using milled lumber that meets specifications and that
building code is not necessary. If the lumber is graded properly
and dried sufficiently, it would meet the market standard for
construction on any home.
2:49:41 PM
CHAIR BJORKMAN closed public testimony on SB 197.
2:50:18 PM
CHAIR BJORKMAN solicited a motion.
2:50:22 PM
SENATOR GRAY-JACKSON moved to report SB 197, work order 33-
LS0877\S, from committee with individual recommendations and
attached fiscal note(s).
2:50:42 PM
CHAIR BJORKMAN found no objection and SB 197 was reported from
the Senate Labor and Commerce Standing Committee.
2:50:56 PM
At ease
2:52:50 PM
CHAIR BJORKMAN reconvened the meeting.
HB 57-EMERGENCY MED. SVCS: REVIEW ORGANIZATIONS
2:52:59 PM
CHAIR BJORKMAN announced the consideration of HOUSE BILL NO. 57
"An Act relating to review organizations and permitting an
emergency medical services provider to establish a review
organization; and relating to patient records."
This is the second hearing of the bill. He expressed that the
intention of the committee is to recap the bill, take public
testimony, and look to the will of the committee.
2:53:39 PM
RACHEL GUNN, staff, Senator Jesse Bjorkman, Alaska State
Legislature, Juneau, Alaska, gave a recap of HB 57 on behalf of
the bill sponsor. She stated that this legislation seeks to
extend the same quality assurance program protections to EMS
workers that fixed healthcare facilities have benefited from for
years.
2:54:13 PM
CHAIR BJORKMAN opened public testimony on HB 57.
2:54:36 PM
At ease
2:54:57 PM
CHAIR BJORKMAN reconvened the meeting.
2:55:04 PM
BRIAN WEBB, representing self, Anchorage, Alaska, testified in
support of HB 57. He stated that he appreciates the support of
the committee and looks forward to HB 57 being passed. It has
been a long trail to achieve EMS protections.
2:56:02 PM
DR. JOSEPH LIVENGOOD, Medical Director, Division of Forestry and
Fire Protection, Department of Natural Resources (DNR)
Ketchikan, Alaska, testified in support of HB 57. He stated that
this is a critical need for EMS providers in that it provides
the ability to discuss activities and case runs, while
identifying sources of improvement. This occurs in a setting
where individuals can openly discuss matters without fear of
discovery, enabling them to genuinely pinpoint areas for
improvement in care.
2:57:32 PM
CHAIR BJORKMAN closed public testimony on HB 57.
2:57:45 PM
CHAIR BJORKMAN solicited a motion.
2:57:51 PM
SENATOR GRAY-JACKSON moved to report HB 57, work order 33-
LS0335\A, from committee with individual recommendations and
accompanying fiscal notes.
2:58:08 PM
CHAIR BJORKMAN found no objection and HB 57 was reported from
the Senate Labor and Commerce Standing Committee.
2:58:33 PM
There being no further business to come before the committee,
Chair Bjorkman adjourned the Senate Labor and Commerce Standing
Committee meeting at 2:58 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB147 Draft Proposed CS ver B.pdf |
SL&C 2/21/2024 1:30:00 PM |
SB 147 |
| SB147 Summary of Changes Version A to B 2.20.24.pdf |
SL&C 2/21/2024 1:30:00 PM |
SB 147 |
| SB197 Fiscal Note-DOR-AHFC 02.15.24.pdf |
SL&C 2/21/2024 1:30:00 PM |
SB 197 |
| SB197 Fiscal Note-DCCED-CBPL 02.15.24.pdf |
SL&C 2/21/2024 1:30:00 PM |
SB 197 |
| SB197 Supporting Documents-IRC Use in US.pdf |
SFIN 3/6/2024 9:00:00 AM SL&C 2/21/2024 1:30:00 PM |
SB 197 |
| SB197 Public Testimony-Jennifer Sampson 02.19.24.pdf |
SL&C 2/21/2024 1:30:00 PM |
SB 197 |
| SB197 Supporting Documents-Legal Opinion on Professsional Certificates.pdf |
SFIN 3/6/2024 9:00:00 AM SL&C 2/21/2024 1:30:00 PM |
SB 197 |
| HB57 Public Testimony-Recieved as of 02.20.24.pdf |
SL&C 2/21/2024 1:30:00 PM |
HB 57 |