SB 80-EXTEND BOARDS  1:33:25 PM CHAIR BJORKMAN announced the consideration of SENATE BILL NO. 80 "An Act extending the termination date of the Big Game Commercial Services Board; extending the termination date of the Board of Massage Therapists; extending the termination date of the Marijuana Control Board; and providing for an effective date." 1:33:45 PM SAVAYA BIEBER, Staff, Senator Jesse Bjorkman, Alaska State Legislature, Juneau, Alaska, introduced SB 80 on behalf of the sponsor as follows: [Original punctuation provided.] This bill extends the sunset date of three boards, the Marijuana Control Board, Board of Massage Therapy, and Big Game Commercial Services Board. SB 80 is cleanup for a bill from last year, it backdates these board extensions from the previous bill back to June of 2024, and extends them again, as amended in the bill. The Marijuana Control Board is comprised of five members that control the cultivation, manufacture, and sale of marijuana in the state. The Board of Massage Therapists is comprised of five members that examine applications and issue licenses, adopt and enforce regulations, and establish standards of professional competence. The Big Game Commercial Services Board is comprised of nine members who prepare, and grade guiding examinations, issue guide licenses, adopt regulations, and assist DPS and DCCED in big game investigations. All three 2023 board audits concluded that the boards operated in the public's interest by actively amending regulations and enhancing public safety. This legislation was heard last year as three separate bills, and they each passed out of this body with no opposition. On the line we have Kris Curtis, Legislative Auditor, she will be going over the audits for the boards, we also have Bailey Stuart, Chair of the Marijuana Control Board, Annetta Atwell Chair of the Board of Massage Therapists, and Aaron Bloomquist, Chair of the Big Game Commercial Services Board to answer any questions for the boards. In person, we have Sam Rohrer, President of the Alaska Professional Hunters Association. 1:35:59 PM KRIS CURTIS, Legislative Auditor, Alaska State Legislature, Juneau, Alaska, presented the audit reports for SB 80. She stated that she will start with the Marijuana Control Board audit. She said the audit found the board served the public interest and recommended a three-year extension due to potential changes from the Governor's Task Force report and Alcohol and Marijuana Control office (AMCO)'s new system rollout by December 2023. The shorter extension lets the Legislative Audit review changes and aligns the board's sunset with the Alcoholic Beverage Control Board. This would allow the legislative audit department to look at AMCO support to both boards at the same time. The legislative audit team made three recommendations beginning on page 20: 1.AMCO's director should establish procedure to ensure handler permit records are kept. 2.Board and AMCO director continue implementing the new license/enforcement system. 3.Legislature should consider requiring marijuana board regulations be approved by majority of board members. MS. CURTIS stated that management's response to the recommendations was on page 39. The commissioner of DCCED agreed with all the recommendations but the third-the number of board members required for regulation changes. She stated that the commissioner requiring a minimum of 3 board members would not serve the publics interest moving forward the regulatory projects. She said on page 41 the board chair also opposed recommendation three for similar reasons. 1:38:25 PM CHAIR BJORKMAN asked if there have been any changes in the audit reports since last year. 1:38:36 PM MS. CURTIS answered that she wouldn't know because she hasn't looked at the reports since 2023. She opined that with the governor extending the advisory task force, there could have been changes. 1:39:03 PM MS. CURTIS continued with her report of the audit for [Board of Massage Therapy]. She stated that the audit found the board served the public interest and recommended a six-year extension. On page 6, as of December 2022, there were 1,157 active licenses. The legislative audit team made four recommendations: 1. The director of DCBPL, develop procedures to ensure licenses aren't approved based on outdated documents. 2. The commissioner work with policy makers to improve recruitment and retention of investigators. 3. Improve recruitment and retention of licensing staff. 4. Found on page 14, board and DCBPL director consider raising licensing fees to cover regulatory costs. MS CURTIS stated that licensing fees must be set up to cover the cost of regulations but their fees were not sufficient. She said the commissioner agreed with all findings and recommendations. 1:40:04 PM MS. CURTIS continued with the next audit report for the Big Game and Commercial Services Board. She stated that the audit found the board served the public interest and recommended a six-year extension. On page 8, as of January 2023, there were 1,438 active licenses. The legislative audit team made two recommendations: 1. Director improve oversight procedures to ensure licenses approvals are not based on incomplete or inappropriate documentation. 2. The board consider the need for two long-vacant private landholder seats. The commissioner agreed with the first recommendation. The chair also agreed with the first recommendation but highlighted that recent improvements over the last few years were not acknowledged. She said the chair disagreed with the second recommendation. Instead of changing the board's composition the chair felt the Governor's office should do a better job of recruiting to fill the positions. 1:41:32 SENATOR GRAY-JACKSON commented that auditors are in place for a reason and that she always takes their recommendations seriously. She takes the recommendation to change the sunset provision seriously. She supports the audits even though they were brought before the legislature last year. [CHAIR BJORKMAN announced invited testimony on SB 80.] 1:42:34 PM ANNETTA ATWELL, Chair, Board of Massage Therapy, Fairbanks, Alaska, testified by invitation on SB 80. She stated that the Board of Massage Therapists review applications that raise concernssuch as issues flagged in background checks, applicants applying from schools that have not been approved by the State of Alaska, or incomplete renewal applications that have been audited. The board also reviews and decides on disciplinary action, for cases involving lapsed licenses or arrests, to determine whether restrictions or penalties need to be added to a license. She said the board ensures that the statutes and regulations stay current with national standards of care for the public. She said the board strives to align with best practices and update outdated or unclear guidelines. She said the board's role includes protecting the public by identifying suspicious or noncompliant activity and supporting licensees by responding to massage therapy business concerns and ensuring businesses understand and follow professional standards. 1:45:38 PM AARON BLOOMQUIST, Chair, Big Game Commercial Services Board, Palmer, Alaska, testified by invitation on SB 80 regarding the Big Game Commercial Services Board. He said the board oversees licensing and regulations for big-game guides and transporters. He stated that as the new chair of the board he supports both audit recommendations. The board had planned for a bill to address board make-up and regulations that got stuck in statute years ago, but the board held off to focus on the sunset review, a new guide concession bill that passed last year, and securing an Environmental Analyst (EA) position. He said financially, the board has improved from a $500 thousand deficit to nearly $1 million surplus over the past decade. He reported that the board is very active, meetings are well attended, and the board members are consistently working on projects. 1:48:13 PM BAILEY STUART, Chair, Marijuana Control Board, Wasilla, Alaska, testified by invitation on SB 80. She read the following: [Original punctuation provided.] I'm supportive of this extension to 2027, to be in line with the Alcohol Control Board. The extension of the marijuana control board is vital for the health of the industry and what is in the best interest of the public. Currently, we are facing significant challenges not only within our industry and the constant changes in law on a federal level but also on the issue of public health and safety within Alaska. Alaska has a prolific black and gray market. We have effectively protected the black market from prosecution, and they are aware of this. And regarding the gray market which has surfaced due to the legalization of hemp in Alaska. Which had allowed for intoxicating hemp to enter Alaska's market. While a regulatory change on part of the division of agriculture as now disallowed any amount of THC in hemp products. These products still make their way into the Alaska market, with little to no enforcement. The past two days the MCB heard from public testimony to the severity of the issue and are actively working on addressing the issue. It's a complicated issue that is going to take time to address and the extension is vital. MS. STUART recounted an instance regarding a majority of members present to vote during a board meeting. She provided details and stated it was not mentioned in the audit. 1:51:36 PM SAM ROHRER, President, Alaska Professional Hunters Association, Anchorage, Alaska, testified by invitation on SB 80. He read the following: [Original punctuation provided.] The APHA strong supports Senate Bill 80, to extend the Big Game Commercial Services Board. This Board is critical to the long-term viability of the Guiding Industry in Alaska. The APHA believes that it is in the best interests of the State, the public, and our profession to have well qualified hunting guides. The Big Game Commercial Services Board maintains the testing standards and provides for oral testing of all new guides in Alaska. This helps to ensure that only qualified applicants are receiving licenses. Alaska continues to have the most stringent hunting guide qualifications in all of North America, this is thanks to the Big Game Commercial Services Board. If this board were to sunset, oral testing would not be possible, and licensing standards would suffer. I also might add, that the Guiding Profession in Alaska is one of the few Professional Licenses that does not require formal education, but instead is acquired through an apprenticeship process. This process makes our profession particularly attractive to rural Alaskan folks. This method of training guides through an apprenticeship process that leads to written testing and oral boards is only possible because of this Licensing Board. Lastly, the Big Game Commercial Services Board provides the only interface between the Division of Occupational Licensing & the Guiding Profession, without the board, our profession has no meaningful input on the development of regulations that directly impacts hunting guides. However, this isn't just an issue for hunting guides. The public also has a vested interest in how the guides are regulated as well. Without the board, the public would have very little opportunity to influence the regulations that control the guide industry. Currently, the public can submit regulations to the board, they can participate in meaningful public testimony to the board, and they can participate in subcommittees at Board Meetings to help work through challenging issues and concerns. Without the board, the publics ability to be involved in the process is seriously limited. 1:54:36 PM CHAIR BJORKMAN asked if Ms. Robb could provide an update on how the Board of Massage Therapy, Big Game Commercial Services Board and the Marijuana Control Board have performed over the past year and what their outlook is moving forward. 1:54:52 PM SYLVAN ROBB, Director, Division of Corporations, Business and Professional Licensing (CBPL), Anchorage, Alaska, testified by invitation on SB 80. She stated that she will speak to the Big Game Commercial Services Board and the Board of Massage Therapy. The Marijuana Control Board doesn't belong to CBPL. She stated that CBPL addressed many of the legislative audit recommendations for the Board of Massage Therapy, related to staff recruitment and retention for both licensing staff and investigators. CBPL has worked to improve retention by reclassifying professional licensing staff, creating clearer career paths, and adding supervisor positions to reduce workloads. She said this structure allows for better oversight, more targeted training, and improved documentation. She stated that both programs are in a better place because of these changes. 1:57:41 PM CHAIR BJORKMAN held SB 80 in committee.