ALASKA STATE LEGISLATURE                                                                                  
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                         March 10, 2021                                                                                         
                           5:49 p.m.                                                                                            
                                                                                                                                
                             DRAFT                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Zack Fields, Co-Chair                                                                                            
Representative Ivy Spohnholz, Co-Chair                                                                                          
Representative Calvin Schrage                                                                                                   
Representative Liz Snyder (via teleconference)                                                                                  
Representative David Nelson                                                                                                     
Representative James Kaufman                                                                                                    
Representative Ken McCarty                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
PRESENTATION(S): WORKPLACE SAFETY IN THE SEAFOOD INDUSTRY                                                                       
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
CS FOR SENATE BILL NO. 24(L&C)                                                                                                  
"An  Act  relating   to  holding  corporate  meetings   by  remote                                                              
communication;   allowing  voting   by  remote  communication   at                                                              
corporate   meetings;    making   shareholder    lists   available                                                              
electronically;    relating    to   for-profit    and    nonprofit                                                              
corporations;  relating  to business  and  industrial  development                                                              
corporations;  relating to  Native corporations;  relating to  the                                                              
Alaska Banking Code; and providing for an effective date."                                                                      
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
CONFIRMATION HEARING(S):                                                                                                        
                                                                                                                                
Marijuana Control Board                                                                                                       
                                                                                                                                
     Nicholas Miller - Anchorage                                                                                                
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Occupational Safety and Health Review Board                                                                                   
                                                                                                                                
     Thomas Trosvig - Kodiak                                                                                                    
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
State Board of Physical and Occupational Therapy                                                                              
                                                                                                                                
     Enlow Walker - North Pole                                                                                                  
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Registration for Architects, Engineers & Land Surveyors                                                              
                                                                                                                                
     Elizabeth Johnston - Fairbanks                                                                                             
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Workers' Compensation Appeals Commission.                                                                                     
                                                                                                                                
     James Rhodes - Ketchikan                                                                                                   
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 24                                                                                                                   
SHORT TITLE: VIRTUAL MEETINGS FOR CORPORATIONS                                                                                  
SPONSOR(s): SENATOR(s) WILSON                                                                                                   
                                                                                                                                
01/22/21       (S)       PREFILE RELEASED 1/8/21                                                                                
01/22/21       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/22/21       (S)       L&C                                                                                                    
02/08/21       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/08/21       (S)       Heard & Held                                                                                           
02/08/21       (S)       MINUTE(L&C)                                                                                            
02/17/21       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/17/21       (S)       Moved CSSB 24(L&C) Out of Committee                                                                    
02/17/21       (S)       MINUTE(L&C)                                                                                            
02/22/21       (S)       L&C RPT CS  5DP NEW TITLE                                                                              
02/22/21       (S)       DP: COSTELLO, GRAY-JACKSON, STEVENS,                                                                   
                         REVAK, HOLLAND                                                                                         
03/01/21       (S)       TRANSMITTED TO (H)                                                                                     
03/01/21       (S)       VERSION: CSSB 24(L&C)                                                                                  
03/03/21       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/03/21       (H)       L&C                                                                                                    
03/10/21       (H)       LABOR & COMMERCE AT 05:45 PM BARNES 124                                                                
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JOSEPH KNOWLES, Director                                                                                                        
Labor Standards and Safety Division (LSSD)                                                                                      
Department of Labor & Workforce Development (DLWD)                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions during the presentation                                                               
on Workplace Safety in the Seafood Industry.                                                                                    
                                                                                                                                
DENNIS SMYTHE                                                                                                                   
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified during the presentation on                                                                     
Workplace Safety in the Seafood Industry.                                                                                       
                                                                                                                                
JOHN STALLONE                                                                                                                   
Mesquite, Nevada                                                                                                                
POSITION STATEMENT:  Testified during the presentation on                                                                     
Workplace Safety in the Seafood Industry                                                                                        
                                                                                                                                
SENATOR DAVID WILSON                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  As prime sponsor, introduced SB 24.                                                                      
                                                                                                                                
JASMIN MARTIN                                                                                                                   
Staff                                                                                                                           
Senator David Wilson                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented the Sectional Analysis for SB 24                                                               
on behalf of Senator Wilson, prime sponsor.                                                                                     
                                                                                                                                
LAURIE WOLF, President and CEO                                                                                                  
Foraker Group                                                                                                                   
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Provided testimony and answered questions                                                                
during the hearing on SB 24.                                                                                                    
                                                                                                                                
FRANCES MAHONEY                                                                                                                 
Foraker Group                                                                                                                   
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Provided testimony during the hearing on SB                                                              
24.                                                                                                                             
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
5:49:42 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ  called the House  Labor and Commerce  Standing                                                            
Committee meeting  to order at 5:49 p.m.   Representatives Fields,                                                              
Spohnholz,  Schrage, Snyder,  Nelson,  Kaufman,  and McCarty  were                                                              
present at the call to order.                                                                                                   
                                                                                                                                
^PRESENTATION(s): Workplace Safety in the Seafood Industry                                                                      
   PRESENTATION(s): Workplace Safety in the Seafood Industry                                                                
                                                                                                                                
5:54:38 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SPOHNHOLZ announced  that  the first  order of  business                                                              
would  be  a  presentation  on Workplace  Safety  in  the  Seafood                                                              
Industry.                                                                                                                       
                                                                                                                                
CO-CHAIR  SPOHNHOLZ  explained  that  this  topic  is  before  the                                                              
committee  in  light  of  the  recent  decision  made  by  Tamisha                                                              
Ledbetter,  Commissioner of  the Department  of Labor &  Workforce                                                              
Development  (DLWD),  to  waive  a $450,000  fine  against  Copper                                                              
River Seafoods  as recommended by  Alaska Occupational  Safety and                                                              
Health (AKOSH) division staff.                                                                                                  
                                                                                                                                
5:58:06 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS  offered his understanding  that during  a meeting                                                              
in  the summer  of 2020,  the director  of the  Division of  Labor                                                              
Standards and  Safety had  told the  House State Affairs  Standing                                                              
Committee  that  DLWD  could  use the  "general  duty  clause"  to                                                              
protect  workplace   safety  in   the  context  of   the  COVID-19                                                              
pandemic.  He asked for an outline of the general duty clause.                                                                  
                                                                                                                                
5:58:42 PM                                                                                                                    
                                                                                                                                
JOSEPH  KNOWLES, Director,  Labor  Standards  and Safety  Division                                                              
(LSSD),  Department  of  Labor  &  Workforce  Development  (DLWD),                                                              
responded that the  general duty clause is an  Occupational Safety                                                              
and  Health  Administration  (OSHA)  general  duty  that  requires                                                              
employers  to  provide   a  work  environment  that   is  free  of                                                              
recognized  hazards.   He  explained  that  it  is often  used  in                                                              
situations where  a recognized hazard  is not covered  by existing                                                              
standards.                                                                                                                      
                                                                                                                                
CO-CHAIR  FIELDS shared  his understanding  that  during the  time                                                              
Mr.  Knowles  was   telling  the  House  State   Affairs  Standing                                                              
Committee  that   it  could  use  the  general   duty  clause  for                                                              
enforcement during  COVID-19, the division was  investigating some                                                              
potentially  serious  COVID-19  related  workplace  safety  issues                                                              
before  preparing a  citation based  on a  "willful violation"  of                                                              
the general duty  clause.  He asked if Mr. Knowles  could describe                                                              
what  "willful"  means  in  the  context of  the  laws  that  LSSD                                                              
enforces.                                                                                                                       
                                                                                                                                
MR.  KNOWLES responded  that  "willful" is  when  an employer  has                                                              
demonstrated  an intentional  disregard  for  the requirements  of                                                              
OSHA  laws  or a  plain  indifference  for employees'  safety  and                                                              
health.                                                                                                                         
                                                                                                                                
6:00:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCARTY  commented   that  he  just  received  his                                                              
committee  packet and has  not yet  had the  chance to  review the                                                              
documents included in the packet.                                                                                               
                                                                                                                                
6:00:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAUFMAN asked about  the timing  of the case.   He                                                              
shared his  understanding that the  inspection [into  Copper River                                                              
Seafoods] was being  done, but the report was  not being processed                                                              
until  much later  in the year.   He  asked if  Mr. Knowles  could                                                              
explain.                                                                                                                        
                                                                                                                                
MR. KNOWLES  responded that  he did  not have  the full  case file                                                              
with him  at the moment,  but he recalled  that LSSD  performed an                                                              
inspection on  Copper River Seafoods  in August 2020  and proposed                                                              
a  citation, which  was presented  to  Commissioner Ledbetter  for                                                              
her  approval  "on  or  about" December  27,  2020.    During  the                                                              
commissioner's   review,  it   became  clear   that  the   initial                                                              
information  provided in  the proposal  was "largely  incomplete."                                                              
He continued  that "on  or about" January  12, 2021,  the division                                                              
realized that it  had made a procedural mistake  by not originally                                                              
presenting  the commissioner  with  a significant  portion of  the                                                              
inspection.     He   said  that   the   memorandum  ("memo")   the                                                              
commissioner released  on January 18,  2021, gave her  decision on                                                              
the  proposal,  and  he expressed  that  this  decision  was  well                                                              
within her range of legal options and authority.                                                                                
                                                                                                                                
REPRESENTATIVE  KAUFMAN shared that  he has  worked as  an auditor                                                              
and has done  inspections on facilities and  performed assessment.                                                              
He expressed,  "It strikes me  as curious to  say the least."   He                                                              
explained  that  when  he  found   items  of  importance  [in  his                                                              
inspections],  he  passed  that   information  off  to  leadership                                                              
quickly because it's  important and lets management  know that the                                                              
job is being  done well.  He  stated that the delay  and timing of                                                              
such a finding was puzzling to him.                                                                                             
                                                                                                                                
MR. KNOWLES responded  that the division learned a  lot during the                                                              
inspection,  and it  has already  begun to take  steps to  improve                                                              
the process moving forward.                                                                                                     
                                                                                                                                
6:03:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   MCCARTY  asked   for   clarification  about   Mr.                                                              
Knowles'  earlier statement  that  the inspection  packet was  not                                                              
complete  when it  was  presented to  the  commissioner, and  that                                                              
information  was updated  and  brought to  the  commissioner at  a                                                              
later date.   He  asked how it  became known  that the  packet was                                                              
not complete.                                                                                                                   
                                                                                                                                
MR.  KNOWLES   responded  that   it  became  apparent   after  the                                                              
division's discussions  with the  commissioner over  the proposal.                                                              
He  said  that  information  within  the  initial  packet  was  in                                                              
conflict  and was  not "adding  up."   He said  the division  then                                                              
began to  look at  the information  that had  been sent,  and that                                                              
was  when  it became  clear  that  the  packet did  not  initially                                                              
include  the "related  concurrent infection"  requirement for  the                                                              
division's own internal  field operations manual.   This, he said,                                                              
is when the division  provided the rest of the  information to the                                                              
commissioner.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  MCCARTY asked for  clarification that  Mr. Knowles                                                              
was  saying that  the division  had to  go back  and identify  the                                                              
protocol  that "was  or  was not"  followed  to  put together  the                                                              
necessary  information for  the commissioner.   He  asked if  that                                                              
involved going  back to  [Copper River  Seafoods] where  the audit                                                              
was performed to conduct further follow-up investigations.                                                                      
                                                                                                                                
MR.  KNOWLES responded  no, the  division  did not  return to  the                                                              
company.  He  said that what had  happened on August 7,  2020, was                                                              
two    concurrent    related   inspections,    and    through    a                                                              
misinterpretation of  the division's field manual,  the inspection                                                              
that pertained to  the willful general duty proposal  was the only                                                              
inspection that  was provided to  the commissioner.   He expressed                                                              
that  both  inspections  should  have been  included  because  the                                                              
inspections were concurrent and related.                                                                                        
                                                                                                                                
6:06:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SNYDER  asked  Mr.  Knowles  how  many  levels  of                                                              
review the  proposed citations went  through before  being blocked                                                              
by the commissioner.                                                                                                            
                                                                                                                                
MR.  KNOWLES responded  that  he did  not have  the  case file  in                                                              
front of him  with the pertinent notes.   He said that  this was a                                                              
unique  and  significant  inspection   and  his  first  effort  to                                                              
compile  general duty  willful  citation.   There  were  a lot  of                                                              
questions within  the division  between himself  and the  chief of                                                              
enforcement, he  explained, which resulted in sending  the package                                                              
forward to the commissioner incorrectly.                                                                                        
                                                                                                                                
6:07:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SCHRAGE asked, although  Mr. Knowles  doesn't have                                                              
the details  in from  of him,  whether Mr.  Knowles could  offer a                                                              
general  number of  how  many levels  of review  there  were.   He                                                              
asked if there was at least one level of review.                                                                                
                                                                                                                                
MR. KNOWLES  responded that there  was an initial level  of review                                                              
by the Chief of  Enforcement, and then there were  other levels of                                                              
review  in  which  Mr.  Knowles   was  involved  personally.    He                                                              
explained  that the  review that  he was  part of  focused on  the                                                              
willful duty  proposal due  to the  misinterpretation of  policies                                                              
and procedures.                                                                                                                 
                                                                                                                                
6:09:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NELSON asked Mr.  Knowles how many  investigations                                                              
"during  that  time frame"  he  had  done that  were  specifically                                                              
related  to  COVID-19.   He  specified  he  was asking  about  the                                                              
summertime period when COVID-19 started to "level out."                                                                         
                                                                                                                                
MR. KNOWLES responded  that he doesn't have all of  the details in                                                              
front  of   him,  but  he  is   confident  that  there   were  two                                                              
inspections during that timeframe in the seafood industry.                                                                      
                                                                                                                                
REPRESENTATIVE  NELSON asked whether,  in general,  investigations                                                              
are initiated  due  to a referral  or anonymous  tips, or  whether                                                              
all businesses get regular inspections.                                                                                         
                                                                                                                                
MR. KNOWLES responded  that the enforcement process  begins when a                                                              
complaint or a referral is received.                                                                                            
                                                                                                                                
REPRESENTATIVE  NELSON considered  Mr.  Knowles earlier  statement                                                              
that two other  seafood industry businesses were  inspected during                                                              
that general three-month  period, and he asked if  there were only                                                              
three inspections during that time.                                                                                             
                                                                                                                                
MR.  KNOWLES  reiterated  that   he  did  not  have  the  specific                                                              
information in front  of him at the moment, but said  he could get                                                              
that  information to  Representative Nelson  if he  would like  to                                                              
see it.                                                                                                                         
                                                                                                                                
6:11:24 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SPOHNHOLZ  shared  her understanding  that  the  package                                                              
that was  brought to  the commissioner didn't  include all  of the                                                              
necessary materials,  which was the  reason for not  advancing the                                                              
citation.   She asked  Mr. Knowles  if there  have been  any other                                                              
citations like this.                                                                                                            
                                                                                                                                
MR. KNOWLES  responded that  this is his  first experience  with a                                                              
citation proposal of this nature.                                                                                               
                                                                                                                                
CO-CHAIR SPOHNHOLZ  rephrased her  question and asked  Mr. Knowles                                                              
if  there   have  been   any  other   citations  that   have  been                                                              
procedurally  ruled out  of order  while he has  been working  for                                                              
the department.                                                                                                                 
                                                                                                                                
MR. KNOWLES  responded that  this is  the first proposed  citation                                                              
package that required the commissioner's approval                                                                               
                                                                                                                                
CO-CHAIR SPOHNHOLZ  asked Mr.  Knowles if that  was based  off the                                                              
new standards  that  were a result  of the  change in  procedures.                                                              
She   asked  him   to  describe   the  threshold   at  which   the                                                              
commissioner gets involved.                                                                                                     
                                                                                                                                
MR. KNOWLES  responded that again,  there had not been  a proposed                                                              
citation  package that  has required  the commissioner's  approval                                                              
before under the new threshold.                                                                                                 
                                                                                                                                
CO-CHAIR  SPOHNHOLZ  asked  if  there  were  any  [citations  that                                                              
required   the  commissioner's   approval]   under  the   previous                                                              
threshold.                                                                                                                      
                                                                                                                                
MR. KNOWLES responded no.                                                                                                       
                                                                                                                                
CO-CHAIR   SPOHNHOLZ   concluded   that  "that   hadn't   happened                                                              
previously, even under the old standard."                                                                                       
                                                                                                                                
6:13:56 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS  asked Mr. Knowles  how many citations  there were                                                              
and  if   something  was   missing  in   one  citation,   why  the                                                              
commissioner didn't  allow issuance of the other  citations, which                                                              
included both COVID-19 and non-COVID-19 related citations.                                                                      
                                                                                                                                
MR.  KNOWLES responded  that the  decision  the commissioner  made                                                              
was after she had  a full legal consultation and  was advised that                                                              
she could  approve some, none,  or all of  the proposal.   He said                                                              
that he  can't speak  to the  commissioner's  reasoning as  to why                                                              
the  decision  [to not  issue  any  citations]  was made,  but  he                                                              
suggested the memorandum  the commissioner wrote  [included in the                                                              
committee packet]  could provide some details on  her concerns and                                                              
the shortcoming of the process.                                                                                                 
                                                                                                                                
CO-CHAIR  FIELDS  asked Mr.  Knowles  whether  he knows  how  many                                                              
times  the   commissioner  consulted   with  the  Office   of  the                                                              
Governor,  in coordination  with the  Department of  Law (DOL)  or                                                              
not, before making the decision not to issue a single citation.                                                                 
                                                                                                                                
MR. KNOWLES responded, "None."                                                                                                  
                                                                                                                                
CO-CHAIR  FIELDS asked for  clarification  that Mr. Knowles  knows                                                              
that the  commissioner never  coordinated with  the Office  of the                                                              
Governor, even though the commissioner was in contact with DOL.                                                                 
                                                                                                                                
MR.  KNOWLES   responded,  "Yes,  my   answer  is  'no'   to  that                                                              
question."                                                                                                                      
                                                                                                                                
6:15:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCARTY shared  his understanding  that there  has                                                              
been a change  in procedure within  the department.  He  asked Mr.                                                              
Knowles  if his  understanding is  correct,  and if  so, when  did                                                              
that procedural change occur.                                                                                                   
                                                                                                                                
MR.  KNOWLES  responded  that the  department  revised  its  field                                                              
operation  manual in the  latter part  of January  2021.   He said                                                              
that he  will have  to get back  to the  committee with  the exact                                                              
date.   He  explained  that the  changes  that  occurred were  the                                                              
following:   reducing the  threshold from  $250,000 to  $50,000 in                                                              
proposed fines,  and changing the verbiage from  requiring consult                                                              
with  the   commissioner   to  requiring   the  approval   of  the                                                              
commissioner.  He  said that internally, the department  has taken                                                              
action  to  establish  a 120-day  internal  timeline  for  earlier                                                              
review   of  what   will  become   the  final   proposal  to   the                                                              
commissioner.    This would  create  a "significant  novel  action                                                              
template"  to improve  support document  content  in the  proposal                                                              
when it  goes forward.   He noted that  this will include  earlier                                                              
engagement  with  the commissioner.    He  stated that  in  short,                                                              
"we've all  learned from  this," and have  asked for  support from                                                              
federal partners to help improve the process.                                                                                   
                                                                                                                                
6:17:08 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SPOHNHOLZ noted  that the  January 18,  2021, memo  from                                                              
Commissioner  Ledbetter  to  Mr.  Knowles  can  be  found  in  the                                                              
committee packet.                                                                                                               
                                                                                                                                
6:17:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   MCCARTY  asked  Mr.   Knowles  whether   this  is                                                              
something that is seen in the seafood industry all over Alaska.                                                                 
                                                                                                                                
MR.  KNOWLES asked  for  clarification on  whether  Representative                                                              
McCarty is referring to general duty willful citations.                                                                         
                                                                                                                                
REPRESENTATIVE  MCCARTY responded  that he  knows that there  have                                                              
been some  places in Alaska that  have shut down canneries  due to                                                              
concerns  regarding COVID-19,  and  he asked  if  there have  been                                                              
concerns  like that  that have come  about due  to inspections  by                                                              
LSSD.                                                                                                                           
                                                                                                                                
MR.  KNOWLES responded  that  the  division has  handled  COVID-19                                                              
complaints  and referrals  in a  collaborative  manner, which  has                                                              
been a successful  way to help employers draft  COVID-19 workplace                                                              
plans.   He stated that  the fact that  one case was  presented to                                                              
the  commissioner makes  him think  this  [Copper River  Seafoods]                                                              
case was an outlier.                                                                                                            
                                                                                                                                
REPRESENTATIVE   MCCARTY  asked   Mr.  Knowles   whether  he   had                                                              
citations "with other  places throughout the state"  due to COVID-                                                              
19 concerns.  He  asked if that also involves a  lot of changes in                                                              
the industry due to COVID-19 guidelines.                                                                                        
                                                                                                                                
MR.  KNOWLES  responded  that  LSSD has  issued  no  general  duty                                                              
citation packages for COVID-19.                                                                                                 
                                                                                                                                
6:19:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAUFMAN shared that  the timeline  as well  as the                                                              
combined amount  of the fines  were surprising  to him.   He asked                                                              
Mr. Knowles  how common those numbers  are and whether  he has any                                                              
idea  if  that  relates  to  other  jurisdictions  in  the  nation                                                              
performing similar inspections of food processing facilities.                                                                   
                                                                                                                                
MR.  KNOWLES  responded  that that  particular  dollar  amount  is                                                              
"extremely unusual".   He stated  that through December  2020, the                                                              
violations  issued  by  OSHA  averaged  approximately  $13,000  in                                                              
fines.   He  said he  queried a  database and  found that  through                                                              
February  2021,  there had  been  100 citations  issued  resulting                                                              
from COVID-19,  only  one of which  was a  willful duty  citation;                                                              
all of the others were general duty citations.                                                                                  
                                                                                                                                
6:21:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SCHRAGE  asked Mr. Knowles  to speak about  how the                                                              
fines are determined and how the dollar amount is set.                                                                          
                                                                                                                                
MR.  KNOWLES   responded   that  the  LSSD   uses  the   penalties                                                              
supplement,  which illustrates that  fines can  vary in  amount as                                                              
there are  a multitude  of factors that  go into determining  what                                                              
that penalty  may be.  Some  variables include the gravity  of the                                                              
violation,  the size  of the  employer,  the "good  faith" of  the                                                              
employer, the employer's  history in previous violations,  and the                                                              
nature  of the  violation  type.   He  said that  specifically,  a                                                              
willful  duty  violation  alone   carries  a  maximum  penalty  of                                                              
$134,000.                                                                                                                       
                                                                                                                                
REPRESENTATIVE SCHRAGE  shared his understanding that  the average                                                              
fee  or fine  is $13,000.   He  asked Mr.  Knowles whether  Copper                                                              
River Seafoods is considered an average sized company.                                                                          
                                                                                                                                
MR. KNOWLES  responded that he did  not have the exact  details in                                                              
front of  him at  the moment  regarding the  size of Copper  River                                                              
Seafoods.  He  said that the sizing variable  deals with employers                                                              
that  have up  to 250  employees,  and then  other higher  ranges.                                                              
There is a  disparity because a serious willful  violation carries                                                              
a maximum  penalty of $134,937 and  a serious violation  carries a                                                              
maximum  penalty of  $13,494.   He shared  his understanding  that                                                              
the majority  of violations  issued nationally regarding  COVID-19                                                              
have  been categorized  as serious,  not willful,  at the  $13,494                                                              
penalty level.                                                                                                                  
                                                                                                                                
6:24:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NELSON asked  whether Mr.  Knowles could  describe                                                              
the  difference  between  serious  and  willful.   He  asked  what                                                              
pushed  [Copper  River Seafoods]  over  the  edge from  a  serious                                                              
violation to a willful violation.                                                                                               
                                                                                                                                
MR.  KNOWLES responded  that  he  did not  have  the specifics  in                                                              
front  of  him  on  each  particular   inspection  that  has  been                                                              
conducted.   He said that he  does know that LSSD  determined that                                                              
it warranted  the commissioner's  consideration but  ultimately it                                                              
is  just  a  proposal  until  a  citation  package  is  ultimately                                                              
issued.                                                                                                                         
                                                                                                                                
6:26:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SNYDER commented  that  she  wished the  committee                                                              
had the documents [with details for Mr. Knowles to reference].                                                                  
                                                                                                                                
6:26:21 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SPOHNHOLZ  commented  that  it's  interesting  that  the                                                              
committee  was invited  to speak  about  a specific  case and  the                                                              
specific  case   files  are  not   available.    She   noted  that                                                              
protecting confidentiality  is important,  but that  the committee                                                              
needs  to  understand  concrete   facts  and  that  the  questions                                                              
members are  asking are not  designed to  put anyone on  the spot,                                                              
but  just  to   understand  what  happened.       She  shared  her                                                              
understanding that  moving from a  serious to a willful  violation                                                              
involves  knowing that  an entity  is not complying  and doing  it                                                              
anyways.    Her reading  of  the  records  is that  [Copper  River                                                              
Seafoods] knew  that it had  COVID-19 positive employees  and that                                                              
the contractor  that it  used, which is  the same contractor  used                                                              
in the  Alaska State Capitol,  identified COVID-19  positive cases                                                              
in  a  workplace  where  employees   are  not  able  to  implement                                                              
physical barriers  such as social  distancing.  She said  that the                                                              
action  of knowing  that  there were  sick  employees working  and                                                              
allowing  these   employees  to  continue  working   warrants  the                                                              
classification of willful violation.                                                                                            
                                                                                                                                
6:27:48 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FIELDS clarified  that one  of the  citations was  for a                                                              
machine  that ripped  an employee's  arm  off because  it did  not                                                              
have proper  lockdown/tagout procedures,  which was  identified by                                                              
Alaska Occupational  Safety and Health (AKOSH) [within  LSSD], but                                                              
the employer  did not fix  it.  He explained  that this is  one of                                                              
the  reasons  for  the violation,  among  the  issues  surrounding                                                              
COVID-19.   He stated  that he  appreciated that  Mr. Knowles  was                                                              
taking  responsibility for  the  situation, but  he  did not  "buy                                                              
that premise."   He noted that there were four  levels of approval                                                              
that these  citations went  through.  He  said that many  of these                                                              
employees have  been there for years.   He invited Mr.  Knowles to                                                              
explain at  any time what was  missing from the  citation package.                                                              
He asked why the  commissioner felt it was appropriate  to block a                                                              
citation  for such an  "egregious" workplace  safety violation  as                                                              
the aforementioned  situation with the machine that  lacked proper                                                              
lockdown/tagout procedures.                                                                                                     
                                                                                                                                
MR.   KNOWLES   reiterated   that  the   commissioner   had   full                                                              
consultation  with law  and  was advised  that  she could  approve                                                              
some, none, or all citations.                                                                                                   
                                                                                                                                
CO-CHAIR FIELDS  said that that  did not answer his  question, and                                                              
he rephrased the question.                                                                                                      
                                                                                                                                
MR.  KNOWLES responded  that  he  can't speak  in  detail, and  he                                                              
reiterated  that the  memorandum  from the  commissioner  provided                                                              
some details  on the  concerns she  had surround  the process  and                                                              
procedures of the department.                                                                                                   
                                                                                                                                
CO-CHAIR FIELDS  asked why  the commissioner  thought that  it was                                                              
acceptable,  for  an  employer  who had  already  been  warned  to                                                              
improve its  screening procedures  and to  keep COVID-19  infected                                                              
employees off the  jobsite, to entirely block a  penalty after the                                                              
employer  willfully allowed  COVID-19  infected  employees on  the                                                              
jobsite   for  multiple   days  without   the  option  of   social                                                              
distancing.                                                                                                                     
                                                                                                                                
MR.   KNOWLES   reiterated   that  the   commissioner   had   full                                                              
consultation  with the law  and could approve  some, none,  or all                                                              
citations.   He  said  that  she was  within  her  range of  legal                                                              
options and authority.                                                                                                          
                                                                                                                                
CO-CHAIR  FIELDS   commented  that  it  is  unprecedented   for  a                                                              
commissioner  to block  citations in  this manner,  and it  is not                                                              
supported  by  the statutes.    He  concluded that  the  committee                                                              
needs   an    explanation   from   the   commissioner    and   the                                                              
administration  as  to why  a  novel interpretation  of  workplace                                                              
safety statutes was warranted.                                                                                                  
                                                                                                                                
6:30:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NELSON  read  from  a document  in  the  committee                                                              
packet,  stating,  "Copper  River  Seafoods  did  a  poor  job  of                                                              
keeping employees  safe from  COVID infections  this summer."   He                                                              
continued reading:                                                                                                              
                                                                                                                                
     The main  Anchorage plant was  closed for a total  of 13                                                                   
     days  to the end  of July  and beginning  of August  and                                                                   
     the  entire  year  of  operation  during  the  pandemic.                                                                   
       None of the other CRS plants suffered any serious                                                                        
     outbreak and operations continued without a single day                                                                     
     interruption.                                                                                                              
                                                                                                                                
REPRESENTATIVE  NELSON  expressed   that  he  would  like  to  see                                                              
documents  that show what  caused the  categorization to  progress                                                              
from a serious to a willful violation.                                                                                          
                                                                                                                                
6:32:11 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SPOHNHOLZ asked  Mr. Knowles to  address the  difference                                                              
between a serious and willful violation.                                                                                        
                                                                                                                                
MR.  KNOWLES  asked  for clarity  on  whether  Co-Chair  Spohnholz                                                              
would like  him to restate the  definition of willful  and serious                                                              
violations  or was  asking  him to  explain  why the  commissioner                                                              
made the decision that she made.                                                                                                
                                                                                                                                
CO-CHAIR  SPOHNHOLZ responded  that the  committee was  interested                                                              
in learning  more about the definitions.   She suggested  that Mr.                                                              
Knowles provide  an answer  in writing  that could be  distributed                                                              
to the  committee if  he was not  comfortable providing  an answer                                                              
today.   She expressed that  she was disappointed  by his  lack of                                                              
candor  given  the seriousness  of  the  issue.   She  shared  her                                                              
understanding  that the  employees  at Copper  River Seafoods  are                                                              
low-wage workers,  do not have health  insurance, are not  part of                                                              
a union, and  generally do not have  any advocates, and  it is the                                                              
job of  DLWD to  ensure that  Alaska has  safe workplaces  so that                                                              
Alaska can  remain open for business.   She shared that  she finds                                                              
it concerning  to hear that a  citation that seemed to  have risen                                                              
to a serious level  was waived and that the commissioner  was well                                                              
within her  rights to waive  it.  She  said it was  her perception                                                              
that this  did not meet  the objective of  DLWD to make  sure that                                                              
Alaska's workers  are safe.   Additionally, she noted  that people                                                              
of color  and immigrants have  been disproportionally  affected by                                                              
COVID-19, and that  is exacerbated by not having  health insurance                                                              
and not  being able  to get appropriate  treatment if  COVID-19 is                                                              
contracted.   She expressed that it  seems to her that  Alaska has                                                              
allowed  an  unsafe  workforce   [Copper  River  Seafoods]  to  go                                                              
uncited.                                                                                                                        
                                                                                                                                
6:35:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NELSON  agreed and  stated  his intent  to  ensure                                                              
that the  seafood industry is sustainable  for years to  come.  He                                                              
noted that  there are other  seafood processing places  around the                                                              
world that have  adapted to COVID-19 mitigation  efforts, and some                                                              
processing   plant  employees   implemented  personal   protection                                                              
equipment (PPE) prior  to the pandemic, such as face  shields.  He                                                              
mentioned  Copper  River  Seafoods'   efforts,  such  as  testing,                                                              
staggered  work  breaks, and  hand  washing.   He  concluded  that                                                              
there  are  some  things  that   can't  be  controlled,  but  good                                                              
mitigation efforts can be implemented.                                                                                          
                                                                                                                                
6:36:58 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ  pointed out  that the commissioner  and Copper                                                              
River  Seafood were  invited to  testify during  the meeting,  but                                                              
both declined.                                                                                                                  
                                                                                                                                
6:37:38 PM                                                                                                                    
                                                                                                                                
DENNIS SMYTHE  stated that he was  hired in May 1975 by  AKOSH and                                                              
was promoted  to Assistant  Chief  two years  later.  He  informed                                                              
the committee  that  he was promoted  to chief  of enforcement  of                                                              
AKOSH  after  eight  years,  which   included  safety  and  health                                                              
enforcement  and  consultation.   He  also  served as  the  acting                                                              
commissioner  during the  transfer  of power  for three  different                                                              
governors.   He spoke about  the OSHA act  of 1970, which  he said                                                              
provided  for a  state to  adopt its  own programs  under the  18E                                                              
group.  He explained  that the first certification  for Alaska was                                                              
August  10, 1973,  and the  final approval  happened on  September                                                              
28,  1984.   He went  on to  remind  the committee  of an  earlier                                                              
question  asking  him  whether  he  found  this  case  unusual  or                                                              
troubling,  and he  said that he  finds it  extremely unusual  and                                                              
troubling  [that the  commissioner would  block a  citation].   He                                                              
offered the  reasoning that  it can endanger  the program  and the                                                              
protection that's being offered to employees working in Alaska.                                                                 
                                                                                                                                
CO-CHAIR  SPOHNHOLZ   asked  for  clarification  Mr.   Smythe  was                                                              
describing the  federal act that  allowed Alaska to  implement its                                                              
own workplace  safety program  rather than  have workplace  safety                                                              
in the state be managed by the federal government.                                                                              
                                                                                                                                
MR. SMYTHE responded yes.                                                                                                       
                                                                                                                                
6:41:35 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FIELDS asked  Mr.  Smythe  whether he  had  ever seen  a                                                              
commissioner block a citation before.                                                                                           
                                                                                                                                
MR. SMYTHE  responded that although  he has not seen  the entirety                                                              
of  the  [Copper River  Seafoods]  case,  he  has never  heard  of                                                              
anything like it.   He said that if he had, he  would've turned in                                                              
his  badge  and  credentials  or  at least  attempted  to  get  it                                                              
"straightened  out."     He  shared  his  understanding   that  AS                                                              
18.60.091  and AS 18.60.095  clearly mandate  that the  Department                                                              
of Law  must enforce the  law.  He  said that he  doesn't perceive                                                              
the blocking of citations to be consistent with the statutes.                                                                   
                                                                                                                                
6:42:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NELSON  asked Mr. Smythe  what the highest  fine he                                                              
issued for a single citation was.                                                                                               
                                                                                                                                
MR. SMYTHE  responded that  doesn't recall  the exact  number, but                                                              
he investigated  fatalities that were  revealed to be  criminal in                                                              
nature.   He  shared  that Alaska  was the  first  state to  issue                                                              
criminal violations against companies.                                                                                          
                                                                                                                                
REPRESENTATIVE  NELSON stated  that he  is specifically  referring                                                              
to cases  where  fatalities did  not occur.   He  said that  he is                                                              
referring to companies that incur a monetary fine.                                                                              
                                                                                                                                
MR. SMYTHE  responded that  he doesn't  remember what  the penalty                                                              
was for criminal  violations, but that  it was well above  what is                                                              
considered  a  willful  violation.    He  gave  an  example  of  a                                                              
fatality  that  occurred  when  an  employee  of  Kodiak  Oilfield                                                              
Haulers drove  a truck that caused  an individual's death,  and he                                                              
shared that he showed  the Chief of Enforcement how  to manage the                                                              
situation.   He gave another example  of an employee who  was sent                                                              
down  a  pipeline  where  harmful gasses  were  present,  and  the                                                              
employee passed  away.   He said  that that case  was more  than a                                                              
criminal violation.                                                                                                             
                                                                                                                                
6:45:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCARTY  asked whether Mr. Smythe had  had a chance                                                              
to  look  at   the  documentation  regarding  the   [Copper  River                                                              
Seafoods] case  specifically in  order to make informed  comments,                                                              
or whether the  information that he was providing  was intended to                                                              
be more general.                                                                                                                
                                                                                                                                
MR. SMYTHE  responded that he had  not seen documentation  for the                                                              
case and had only heard the current director's testimony.                                                                       
                                                                                                                                
6:47:39 PM                                                                                                                    
                                                                                                                                
CO-CHAIR   SPOHNHOLZ   noted   that  in   addition   to   blocking                                                              
enforcement of the  citation, the commissioner had  asked AKOSH to                                                              
screen all  penalties of  $50,000 or  more and  asked that  all of                                                              
those penalties go  through the commissioner's office.   She asked                                                              
Mr. Smythe  if this was  a typical and  appropriate way  to handle                                                              
penalties.                                                                                                                      
                                                                                                                                
MR. SMYTHE  responded  that no,  this was not  a common  practice.                                                              
He stated, "If I had politics running my show, I would resign."                                                                 
                                                                                                                                
CO-CHAIR  SPOHNHOLZ referenced  the OSHA  Act of  1970 and  shared                                                              
her  understanding  that  former  State  of  Alaska  Governor  Jay                                                              
Hammond  was  a big  proponent  of  ensuring workplace  safety  in                                                              
Alaska.   She  asked Mr.  Smythe whether  concerns that  workplace                                                              
safety   enforcement   becoming    political   in   Alaska   could                                                              
potentially risk the state's primacy on this issue.                                                                             
                                                                                                                                
MR.  SMYTHE  responded absolutely.    He  noted that  Kansas,  for                                                              
example, does not  have logging or seafood processing  issues, and                                                              
Alaska doesn't  have wheat  farming issues, but  Kansas does.   He                                                              
said  that  it   depends  [on  the  location].     He  shared  his                                                              
understanding  that  this  is  why  OSHA  is  closely  looking  at                                                              
Alaska's  program.    He  said  that  federal  OSHA  dollars  fund                                                              
Alaska's  program at  50 percent  for enforcement  and 90  percent                                                              
for consultation  and training, and he shared  concerns that these                                                              
dollars  could be taken  away, which  would cause  the program  to                                                              
fail.                                                                                                                           
                                                                                                                                
6:50:01 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FIELDS,  referencing   Representative  Nelson's  earlier                                                              
question about  fines, noted that  when Co-Chair Fields  worked at                                                              
the  DLWD, there  was a  fine for  a single  willful violation  of                                                              
over  half a  million  dollars.   He said  that  the Copper  River                                                              
Seafoods case  involves the  exposure of almost  100 people  to an                                                              
infectious disease.                                                                                                             
                                                                                                                                
CO-CHAIR  SPOHNHOLZ commented  that  it is  helpful  to know  that                                                              
there is other precedent.                                                                                                       
                                                                                                                                
6:50:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NELSON  responded that  he  found  a news  article                                                              
that mentioned a  meatpacking plant in California  that incurred a                                                              
fine of $115,000  in the summer  of 2020 during the pandemic.   He                                                              
relayed  that  the   article  said  that  was   the  largest  meat                                                              
processing plant citation and fine in the nation at the time.                                                                   
                                                                                                                                
6:51:24 PM                                                                                                                    
                                                                                                                                
JOHN STALLONE  stated that  he started working  for AKOSH  in 1996                                                              
and was a  safety enforcement officer  for about three  and a half                                                              
years before  he became the  chief of enforcement.   He  said that                                                              
he also  did  discrimination investigations  and serious  accident                                                              
investigations.                                                                                                                 
                                                                                                                                
CO-CHAIR SPOHNHOLZ  asked Mr.  Stallone whether,  when he  was the                                                              
chief  of  enforcement,  he  ever  heard  about  the  commissioner                                                              
blocking enforcement or a citation.                                                                                             
                                                                                                                                
MR.  STALLONE  responded  no.    He  said  he  worked  with  three                                                              
different  commissioners   and  never   had  the  Office   of  the                                                              
Commissioner interfered  in this manner on an  enforcement action.                                                              
He noted  that there  are usually two  reports conducted,  one for                                                              
safety,  and  one  for  health.   The  health  report  is  usually                                                              
administered  by  the  industrial  hygienist that  works  for  the                                                              
department,  and  the safety  report  is usually  administered  by                                                              
safety  enforcement   officers.     He  explained   that   in  the                                                              
particular  instance of  Copper River  Seafoods, [the  inspection]                                                              
was a referral and  the chief of enforcement made  the decision to                                                              
send two  officers to the  premises:  one  for safety and  one for                                                              
health.  When  the officers conclude the inspection,  they prepare                                                              
a  report  structured  using  the  federal  format,  because  this                                                              
information is shared throughout the nation.                                                                                    
                                                                                                                                
MR. STALLONE  shared his confusion  about AKOSH's decision  to not                                                              
send the  commissioner's office  the safety report  initially, but                                                              
to only send  the health report,  and then send the  safety report                                                              
later.   He  reiterated that  the  commissioner, by  law, has  the                                                              
option to eliminate,  reduce, or uphold all of  the citations, and                                                              
shared  his understanding  that  the commissioner  waited for  the                                                              
statute  of  limitations to  run  its  course  and threw  out  two                                                              
complete reports.  He stated that he has a problem with this.                                                                   
                                                                                                                                
6:54:53 PM                                                                                                                    
                                                                                                                                
MR.  STALLONE  stated  that  the   commissioner  waiting  for  the                                                              
statute of limitations  to run out to throw away  complete reports                                                              
sets a  dangerous precedent.   He postulated that  other employers                                                              
could  bring  this up  at  a  future  date  and suggest  that  the                                                              
commissioner wait for  the statute of limitations to  run out like                                                              
she  did for  Copper  River Seafoods.   He  referred  back to  the                                                              
earlier  question   from  Representative   Nelson  regarding   the                                                              
largest fine,  and shared his  recollection that the  highest fine                                                              
ever written  was close to a  million dollars, and it  charged the                                                              
Department  of Corrections.   He noted  that instead of  enforcing                                                              
the fine, the  Department of Corrections was permitted  to correct                                                              
everything that was  cited.  He recalled that he  was in the field                                                              
at the time,  and he went to  various communities in the  state to                                                              
verify that  the items of  concern had  been abated.   He recalled                                                              
another   instance   regarding   a   company   called   Whitewater                                                              
Engineering,  which was  cited  for a  fatality  and also  charged                                                              
with  criminally negligent  homicide.   He  noted  that when  this                                                              
happens,  the  chief  always  consults  with  the  Office  of  the                                                              
Attorney  General, and  one or  more  assistant attorney  generals                                                              
are assigned  to handle potential  legal questions.  He  said that                                                              
he would consult  with the attorneys and, as a  courtesy, tell the                                                              
director  about the situation,  but never  sought permission  from                                                              
anyone to issue  citations.  He shared that he  had signed several                                                              
willful violations  and sent them  out.  He  said that there  is a                                                              
legal  system in  place  and there  are  other  processes at  play                                                              
besides the commissioner's decision.                                                                                            
                                                                                                                                
6:58:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCARTY asked  Mr.  Stallone whether  it is  known                                                              
for  certain  that  the commissioner  didn't  respond  within  the                                                              
statute of limitations of 180 days.                                                                                             
                                                                                                                                
MR. STALLONE  responded that  he is  not privy  to that  info, but                                                              
that that's  what he was  told by the people  who work there.   He                                                              
noted  that the  law  is  specific in  that  if a  citation  isn't                                                              
issued within  six months from the  date of the inspection,  it is                                                              
"null and void,"  and this was his understanding  of what happened                                                              
in  the case  of Copper  River  Seafoods.   He  explained that  if                                                              
citations were issued  in this situation, the legal  process could                                                              
have occurred, including  the Occupation Safety and  Health Review                                                              
Commission  [within  OSHA]  and,   if  it  was  deemed  necessary,                                                              
Superior Court.                                                                                                                 
                                                                                                                                
REPRESENTATIVE    MCCARTY   asked    Mr.   Stallone    about   the                                                              
commissioner's concerns  and questions asked of the  Office of the                                                              
Attorney General.                                                                                                               
                                                                                                                                
MR. STALLONE responded  that he is not privy  to that information,                                                              
but according to  Mr. Knowles, the law told the  commissioner that                                                              
she could,  "let [the  citation]  stand, she  could reduce  it, or                                                              
she could  dismiss it."   He said that  if the commissioner  chose                                                              
to  dismiss it  in writing,  his  question would  be,  "Why?"   He                                                              
acknowledged   that  the  COVID-19   pandemic  presents   a  novel                                                              
situation,  but said  the other  issue  to consider  is the  other                                                              
citations  [that  were  dismissed], such  as  the  lockdown/tagout                                                              
failure that resulted  in amputation of a man's  arm, as mentioned                                                              
by Mr. Knowles.                                                                                                                 
                                                                                                                                
7:02:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SCHRAGE  shared   his   understanding  that   the                                                              
objective of the  department is to protect workers,  which is done                                                              
through identifying  violations and taking enforcing  actions.  He                                                              
asked  Mr.  Stallone  why,  if this  were  the  objective  of  the                                                              
department, the  commissioner would not  let the fines  go through                                                              
knowing that  there is an  issue to be  addressed.   He questioned                                                              
the  choice to  not  let the  company  advance  through the  legal                                                              
process  and argue  its case.   He noted  that there  has been  no                                                              
recourse  in the  case  of Copper  River  Seafoods,  and there  is                                                              
therefore no [incentive] for them to take corrective action.                                                                    
                                                                                                                                
MR.  STALLONE  responded  that   yes,  it  is  the  commissioner's                                                              
responsibility,  under  statute   the  commissioner  can  be  held                                                              
personally liable if he/she doesn't do what the law requires.                                                                   
                                                                                                                                
REPRESENTATIVE   SCHRAGE  noted   that  this   sets  a   dangerous                                                              
precedent  that a  simple paperwork  error  could provide  grounds                                                              
for  a  complete  dismissal  of  serious  enforcement  action  for                                                              
serious violations that harmed many workers.                                                                                    
                                                                                                                                
7:04:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAUFMAN  directed  attention  to a  document  that                                                              
depicts  a  register of  non-conformance  completion  report  from                                                              
AKOSH.   He  noted that  the  report includes  "a  whole bunch  of                                                              
action  items" that  had been  completed and  wanted to  highlight                                                              
that actions have  been taken.  He explained that  he doesn't know                                                              
where the document originated.                                                                                                  
                                                                                                                                
MR. STALLONE  offered clarification that  when a report  like this                                                              
is done,  some of the  items get "abated,"  which can  happen when                                                              
an  officer  is still  there.    He explained  that  this  doesn't                                                              
negate  the  fact that  there  was  a  violation  at the  time  of                                                              
inspection.   He  expressed that  he's  glad that  the report  was                                                              
done  and hopes  that  the problems  are  fixed, but  reemphasized                                                              
that doesn't negate the fact that the law was broken.                                                                           
                                                                                                                                
CO-CHAIR  SPOHNHOLZ asked  Representative  Kaufman  to supply  the                                                              
document that he was referencing to the committee.                                                                              
                                                                                                                                
7:06:43 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS  stated that  it was not  his intent to  "try" the                                                              
employer, and  that the committee  meeting is not  the appropriate                                                              
place for that.   He characterized the commissioner's  decision as                                                              
denying the  employer due  process.  He  referred to  AS 18.60.091                                                              
and  AS  18.60.095,   which  he  said  clearly   states  that  the                                                              
department  must  enforce  the  law, and  he  asked  Mr.  Stallone                                                              
whether he  agrees with Mr.  Smythe that the commissioner  doesn't                                                              
have the authority to "ignore the laws" in a case like this.                                                                    
                                                                                                                                
MR.  STALLONE  responded that  is  correct;  the statute  is  very                                                              
clear.     He  said   that  he   agrees  with   Mr.  Smythe   that                                                              
commissioners  are  not  supposed  to  negate  the  statutes,  but                                                              
instead  should enforce  the statutes,  along with  the chief  and                                                              
the  director.   He  shared is  understanding  that  now, if  [the                                                              
fine]  is over  $50,000,  it  needs the  commissioner's  approval,                                                              
which he characterized  as having never happened before.   He said                                                              
that [when he was  working as the chief of enforcement  at AKOSH],                                                              
he  would never  call the  commissioner  for approval  for a  fine                                                              
over $50,000, or even a fine over $100,000.                                                                                     
                                                                                                                                
CO-CHAIR  FIELDS commented  that  Mr. Knowles  had mentioned  that                                                              
the commissioner  had established the policy of  running penalties                                                              
in excess of  $250,000 through the commissioner,  and he suggested                                                              
the committee ask  when that policy was put into  place.  He noted                                                              
the  new  threshold  of  $50,000,   but  said  that  whatever  the                                                              
threshold, this level  of politization of enforcement  seems to be                                                              
unprecedented in the state's history.                                                                                           
                                                                                                                                
7:09:12 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ thanked the testifiers.                                                                                      
                                                                                                                                
7:10:24 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 7:10 p.m. to 7:14 p.m.                                                                       
                                                                                                                                
            SB 24-VIRTUAL MEETINGS FOR CORPORATIONS                                                                         
                                                                                                                                
7:14:26 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SPOHNHOLZ  announced that  the  next order  of  business                                                              
would  be CS  FOR SENATE  BILL NO.  24(L&C), "An  Act relating  to                                                              
holding  corporate  meetings  by  remote  communication;  allowing                                                              
voting  by  remote communication  at  corporate  meetings;  making                                                              
shareholder  lists  available  electronically;  relating  to  for-                                                              
profit  and  nonprofit  corporations;  relating  to  business  and                                                              
industrial   development   corporations;    relating   to   Native                                                              
corporations; relating  to the Alaska Banking Code;  and providing                                                              
for an effective date."                                                                                                         
                                                                                                                                
7:14:44 PM                                                                                                                    
                                                                                                                                
SENATOR  DAVID   WILSON,  Alaska   State  Legislature,   as  prime                                                              
sponsor,  introduced  SB 24.    He  paraphrased from  the  sponsor                                                              
statement [included  in committee packets], which  read as follows                                                              
[original punctuation provided]:                                                                                                
                                                                                                                                
     The  events   of  this  past   year  have  caused   many                                                                   
     hardships  but  have  also inspired  innovation.  It  is                                                                   
     imperative  that we  use  these innovations  to  improve                                                                   
     our operations  and laws in  the future. Senate  Bill 24                                                                   
     capitalizes on one such of these innovations.                                                                              
                                                                                                                                
     Senate   Bill   24  allows   corporations'   shareholder                                                                   
     meetings  and  nonprofit  member  meetings  to  be  held                                                                   
     virtually.   Section  12   of   SB  241   of  the   31st                                                                   
     Legislature   and  subsequent   emergency  orders   have                                                                   
     allowed   for   these   virtual   meetings,   but   that                                                                   
     authorization   has  expired.   The   ability  to   meet                                                                   
     virtually,  as  would  be  permanently  allowed  by  the                                                                   
     passage  of this bill,  has proved  invaluable to  these                                                                   
     organizations. Senate  Bill 24 enables  corporations and                                                                   
     nonprofit  organizations  to  operate  more  efficiently                                                                   
     and with greater flexibility than in the past.                                                                             
                                                                                                                                
7:16:21 PM                                                                                                                    
                                                                                                                                
JASMIN  MARTIN,   Staff,  Senator   David  Wilson,   Alaska  State                                                              
Legislature,  presented  the  sectional  analysis  for  SB  24  on                                                              
behalf of  Senator Wilson, prime  sponsor.  She explained  that SB                                                              
24  would  affect  three  different  parts of  law:    the  Alaska                                                              
Corporation Code,  the Business  and Industrial Development  Code,                                                              
and the  Alaska Nonprofit Corporation  Act.  She read  through the                                                              
sectional analysis,  which read  as follows [original  punctuation                                                              
provided]:                                                                                                                      
                                                                                                                                
     Section 1: Modifies AS 10.06.223                                                                                           
     ?   Relates  to   organizational   meetings  of   Alaska                                                                   
     Corporations.  Allows  these   to  be  held  via  remote                                                                   
     communication or  via a hybrid of remote  communications                                                                   
     and in  person and modifies  the notice requirements  to                                                                   
     reflect this change.                                                                                                       
                                                                                                                                
     Section 2: Modifies AS 10.06.230(e)                                                                                        
     ?  Relates  to  the  bylaws  of  a  corporation.  Allows                                                                   
     corporations  to  write  bylaws   pertaining  to  remote                                                                   
     communications.                                                                                                            
                                                                                                                                
     Section 3: Modifies AS 10.06.405(a)                                                                                        
     ? Relates  to meetings of shareholders.  Allows meetings                                                                   
     of shareholders to be held via remote communication.                                                                       
                                                                                                                                
     Section 4: Modifies AS 10.06.405(b)                                                                                        
     ?  Relates  to  meetings  of  shareholders.  Allows  the                                                                   
     board of  a corporation  to set a  time for meetings  if                                                                   
     the time is not set in the bylaws.                                                                                         
                                                                                                                                
     Section 5: Modifies AS 10.06.410(a)                                                                                        
     ?  Relate to  notice  of shareholder  meetings.  Directs                                                                   
     corporations  to include  the manner  and definition  of                                                                   
     "present" in meeting notices.                                                                                              
                                                                                                                                
     Section 6: Modifies AS 10.06.413(a)                                                                                        
     ? Relates to  the list of shareholders entitled  to vote                                                                   
     at a meeting  or on adjournment. Allows this  list to be                                                                   
     available electronically to shareholders.                                                                                  
                                                                                                                                
     Section 7: Modifies AS 10.06.415(a)                                                                                        
     Interim:                                                                                                                   
     ? Relates  to quorums  in meetings. Allows  shareholders                                                                   
     present  through remote  communication to  be a  counted                                                                   
     towards a quorum.                                                                                                          
                                                                                                                                
     Section 8: Modifies AS 10.06.418(b)                                                                                        
     ?  Relates to  voting  by proxy.  Allows  proxies to  be                                                                   
     revoked by  attending meetings  remotely in addition  to                                                                   
     in person.                                                                                                                 
                                                                                                                                
     Section 9: Modifies AS 10.06.420(c)                                                                                        
     ?  Relates to  voting shares.  Allows  a shareholder  to                                                                   
     vote virtually.                                                                                                            
                                                                                                                                
     Section 10: Modifies AS 10.06.420(d)                                                                                       
     ? Relates  to voting shares.  Allows a virtual  attendee                                                                   
     to vote at an election for directors.                                                                                      
                                                                                                                                
     Section 11: Modifies AS 10.06.420(f)                                                                                       
     ? Relates  to voting  shares. Allows  shares held  by an                                                                   
     administrator,  executor,  guardian, or  conservator  to                                                                   
     be  voted   by  remote   communication.  Allows   shares                                                                   
     standing  in  the name  of  a  trustee  to be  voted  by                                                                   
     remote communication.                                                                                                      
                                                                                                                                
     Section 12: Modifies AS 10.06.420(j)                                                                                       
     ?  Relates to  voting shares.  Adds conforming  language                                                                   
     pertaining    to   voting    by    proxy   via    remote                                                                   
     communication.                                                                                                             
                                                                                                                                
     Section 13: Adds a new section (k) to AS 10.06.420                                                                         
     ?  Relates to  voting  shares. Allows  shareholders  and                                                                   
     shareholder  proxies  to  participate  in  meetings  via                                                                   
     remote communication.                                                                                                      
                                                                                                                                
     Section 14: Modifies AS 10.06.470(a)                                                                                       
     ?  Relating to  meetings of  executive  and other  board                                                                   
     committees.  Allows  these   meetings  to  be  held  via                                                                   
     remote communication.                                                                                                      
                                                                                                                                
     Section 15: Modifies AS 10.06.960(n)                                                                                       
     ?  Relates   to  corporations  organized   under  Alaska                                                                   
     Native Claims  Settlement Act. Allows amendments  to the                                                                   
     articles  of incorporation  for  corporations  organized                                                                   
     under ANCSA  and incorporated under former  AS 10.05.005                                                                   
     to add  a provision relating  to the personal  liability                                                                   
     for   monetary    damages   to   the    corporation   or                                                                   
     stockholders to be voted on via remote communication.                                                                      
                                                                                                                                
     Section 16: Modifies AS 10.06.960(o)                                                                                       
     ?  Relates   to  corporations  organized   under  Alaska                                                                   
     Native Claims  Settlement Act. Allows amendments  to the                                                                   
     articles  of  incorporation  of  a  village  corporation                                                                   
     organized under  ANCSA and incorporated under  former AS                                                                   
     10.05.005   to   add   a   provision   authorizing   the                                                                   
     classification  of directors  under AS  10.06.455 to  be                                                                   
     voted on via remote communication.                                                                                         
                                                                                                                                
     Section 17: Modifies AS 10.06.960(p)                                                                                       
     ?  Relates   to  corporations  organized   under  Alaska                                                                   
     Native    Claims   Settlement    Act.   Allows    Native                                                                   
     corporations  incorporate under  former  AS 10.05  prior                                                                   
     to July  1, 1989 to vote  to modify quorum  requirements                                                                   
     via remote communication.                                                                                                  
                                                                                                                                
     Section: 18 Adds a new definition to AS 10.06.990                                                                          
     ? Defines "remote communication".                                                                                          
                                                                                                                                
     Section 19: Modifies AS 10.10.100(b)                                                                                       
     ? Relates to  entities organized under the  Business and                                                                   
     Industrial   Development    Corporations   Act.   Allows                                                                   
     stockholders to vote by remote communication.                                                                              
                                                                                                                                
     Section 20: Adds a new section (c) to AS 10.10.100                                                                         
     ?   Relates  to   executing   a  proxy   by   electronic                                                                   
     transmission.  Outlines how  a proxy  is to be  executed                                                                   
     by electronic transmission.                                                                                                
                                                                                                                                
     Section 21: Modifies AS 10.20.066                                                                                          
     ?  Relates to  nonprofit meetings  notices.  Establishes                                                                   
     that  meeting  notices  should  include  the  manner  by                                                                   
     which the meeting will be held.                                                                                            
                                                                                                                                
     Section 22: Modifies AS 10.20.071(b)                                                                                       
     ? Relates  to voting by proxy.  Allows a member  to vote                                                                   
     by  remote   communication  or  by  proxy   executed  by                                                                   
     electronic transmission.                                                                                                   
                                                                                                                                
     Section 23: Modifies AS 10.20.071(e)                                                                                       
     ?  Relates  to establishing  a  quorum.  Allows  members                                                                   
     present  through remote  communication to  be a  counted                                                                   
     towards a quorum.                                                                                                          
                                                                                                                                
     Section 24: Adds a new section (f) to AS 10.20.071                                                                         
     ? Relates to  establishing a proxy. Defines  how a proxy                                                                   
     could be established by remote communication.                                                                              
                                                                                                                                
     Section 25: Modifies AS 10.20.076                                                                                          
     ? Relates to  establishing a proxy. Conforming  to allow                                                                   
     members  present  via  remote   communication  to  count                                                                   
     towards a quorum.                                                                                                          
                                                                                                                                
     Section 26: Modifies AS 10.20.116(a)                                                                                       
     ? Relates to  regular and special meetings  of boards of                                                                   
     directors.  Allows meetings  to  be held  in person,  by                                                                   
     remote communications, or a hybrid of both.                                                                                
                                                                                                                                
     Section 27: Modifies AS 10.20.166(a)                                                                                       
     ?   Relates    to   organizational   meetings.    Allows                                                                   
     organizational   meetings   to   be  held   via   remote                                                                   
     communication.                                                                                                             
                                                                                                                                
     Section 28: Adds a new definition to AS 10.20.920                                                                          
     ? Defines "remote communication".                                                                                          
                                                                                                                                
     Section 29: Adds a section to uncodified law.                                                                              
     ?  Adds a  saving clause  for  retroactivity in  section                                                                   
     30.                                                                                                                        
                                                                                                                                
     Section 30: Adds a section to uncodified law.                                                                              
     ? Makes this act retroactive to March 11, 2020.                                                                            
                                                                                                                                
     Section 31: Adds an immediate effective date.                                                                              
                                                                                                                                
7:21:13 PM                                                                                                                    
                                                                                                                                
MS.  MARTIN,   in  response  to   Co-Chair  Spohnholz,   gave  the                                                              
definition  of "remote  communication"  found  in  Section 18,  on                                                              
page 7, lines 25-30, of CSSB 24(L&C), which read as follows:                                                                    
                                                                                                                                
     *Sec.  18.  AS 10.06.990  is  amended  by adding  a  new                                                                 
     paragraph to read:                                                                                                         
          (51)  "remote  communication"  means  communication                                                                   
     by   means  of   electronic  communication,   conference                                                                   
     telephone,  videoconference,  the  Internet,  electronic                                                                   
     transmission,  or  other  means  by  which  persons  not                                                                   
     physically   present   in    the   same   location   may                                                                   
     communicate   with  each   other   on  a   substantially                                                                   
     simultaneous basis.                                                                                                        
                                                                                                                                
7:21:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SCHRAGE shared  his understanding  that, prior  to                                                              
the  COVID-19 emergency  declaration, electronic  meetings were  a                                                              
possibility, and  under the lapse  of the declaration,  "there was                                                              
some  error to where  it was  no longer  allowed."   He asked  for                                                              
clarification on whether that was true.                                                                                         
                                                                                                                                
MS.  MARTIN  responded  that  it  was  permissible  for  nonprofit                                                              
corporations but  not permissible  for corporations that  work for                                                              
profit.                                                                                                                         
                                                                                                                                
7:23:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAUFMAN  asked whether there was any  concern about                                                              
verification regarding signatures for voting remotely.                                                                          
                                                                                                                                
SENATOR WILSON  responded that  he has not  received any  of those                                                              
types of  complaint.  He  shared that he  has actually  received a                                                              
lot of support  from a variety of shareholders,  corporations, and                                                              
nonprofits.   He said  that the  signature authentication  process                                                              
is up to  an entity's bylaws  and that [under CSSB  24(L&C)], that                                                              
decision would remain that of an individual entity.                                                                             
                                                                                                                                
7:24:25 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ  offered clarification that bylaws  are similar                                                              
to  a constitution  for a  corporation, and  each corporation  has                                                              
its own  bylaws to which  to adhere.   She said that  the proposed                                                              
legislation  would allow  that to  continue.   She noted that  the                                                              
committee would be  hearing some testimony from  the Foraker Group                                                              
as to why CSSB 24(L&C) was necessary to clear up any ambiguity.                                                                 
                                                                                                                                
7:25:34 PM                                                                                                                    
                                                                                                                                
LAURIE  WOLF, President  and CEO,  Foraker  Group, explained  that                                                              
the Foraker  Group  has been advising  nonprofits  on how  to hold                                                              
meetings, based  on Alaska  law, for the  past twenty years.   She                                                              
noted that  each nonprofit  is required to  have both  articles of                                                              
incorporation  and bylaws,  which  are legally  binding  documents                                                              
that can't  supersede state  or federal law.   She explained  that                                                              
bylaws govern  nonprofits and  are vetted  by the revenue  service                                                              
when  granting  nonprofit  exempt  status.   Important  rules  for                                                              
establishing  meetings  are  included  in bylaws,  she  said,  and                                                              
state law  needs to  be "simple, broad,  and flexible"  enough for                                                              
every corporation  to follow  it.  She  continued that  Alaska law                                                              
has  been broad  enough to  allow  for remote  meetings for  three                                                              
decades;  however, during  2020 the legislature  passed a  measure                                                              
authorizing remote  meetings for corporate  boards as part  of the                                                              
disaster  declaration  in  the  thought  that the  state  law  was                                                              
prohibiting remote  meetings.  She said Foraker viewed  this as "a                                                              
solution in search of a problem."                                                                                               
                                                                                                                                
MS.  WOLF  recommended   that  two  aspects  be   present  in  any                                                              
forthcoming proposals:   a quorum  of board members as  defined by                                                              
bylaws  must  be  gathered  to  make  lawful  decisions,  and  all                                                              
persons  participating can  hear and  speak to  each other  at the                                                              
same  time in  real  time.   She  said that  only  when these  two                                                              
characteristics  are  present  can  there  be  certainty  that  an                                                              
entity is operating  as "one voice."  She noted  that CSSB 24(L&C)                                                              
would  need  to  allow  every group  to  be  consistent  with  its                                                              
bylaws.  She urged  the committee to act broadly,  to deter to the                                                              
bylaws of each organization  as much as possible, and  to create a                                                              
flexible  framework for all  of Alaska's  corporations,  which she                                                              
stated has  been the  case for many  decades.   She said  that the                                                              
easy, simple, and  complete solution would be to  add a definition                                                              
of  "in person"  to  AS 10.20.290,  which  would  mean a  physical                                                              
presence  or   where  a  person   may  participate  by   means  of                                                              
conference,  telephone,  or similar  communication  equipment,  by                                                              
means of which  all persons participating in the  meeting can hear                                                              
each other at the same time.                                                                                                    
                                                                                                                                
7:31:15 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SPOHNHOLZ  asked  Ms.  Wolf  to  send  in  the  proposed                                                              
addition to the  bill to ensure that the language  included in the                                                              
bill meets the Ms. Wolf's criteria.                                                                                             
                                                                                                                                
MS.  WOLF  responded   that  her  understanding   was  the  phrase                                                              
"substantially  simultaneous" was currently  in CSSB  24(L&C), and                                                              
she   emphasized  that   is  not   what  the   Foraker  Group   is                                                              
recommending.   In response to  Co-Chair Spohnholz,  she explained                                                              
there  could  be confusion.    She  said,  for example,  that  the                                                              
Foraker  Group has  had many  questions about  whether this  would                                                              
include voting  by e-mail.  She  said that "the previous  law" was                                                              
clear that  e-mail voting was  not simultaneous communication  and                                                              
was  not  a  place  where a  quorum  could  be  established.    An                                                              
advisory  vote  with  unanimous  consent could  be  taken  through                                                              
email, she  continued, but it would  still need to be  ratified in                                                              
a  meeting where  there  was  simultaneous communication  and  the                                                              
opportunity to vet, defend, and update a decision.                                                                              
                                                                                                                                
CO-CHAIR SPOHNHOLZ  clarified that an e-mail communication  is not                                                              
simultaneous, because  not everyone is  hearing the same  thing at                                                              
the  same time,  thus it  can lead  to  miscommunications and  may                                                              
exclude individuals  who are not  able to communicate in  a timely                                                              
manner.                                                                                                                         
                                                                                                                                
MS. WOLF  added that  a quorum cannot  be established  over e-mail                                                              
and a meeting cannot be called to order via e-mail.                                                                             
                                                                                                                                
7:35:13 PM                                                                                                                    
                                                                                                                                
FRANCES   MAHONEY,  Foraker   Group,  noted   that  he  has   been                                                              
practicing  law in Alaska  for forty  years and  that most  of his                                                              
practice  for  the last  twenty  of  those  years has  related  to                                                              
nonprofits.   He  said that  he  applauds Senator  Wilson and  his                                                              
staff for  the drafting  of CSSB  24(L&C), because it's  important                                                              
for  nonprofits.    He  noted  that   if  there  is  a  change  in                                                              
legislation,  there is a  presumption that the  prior law  did not                                                              
allow what was  amended in the new  law.  He continued  that it is                                                              
important to  have an allowance  for conducting meetings  that are                                                              
not physically  present to  qualify as a  quorum or  as physically                                                              
present to vote.   He said that he would prefer  a more simplified                                                              
process and  that "the least change  is usually the  best change."                                                              
He agreed  that Ms. Wolf's suggestion  to add a definition  of "in                                                              
person" to  AS 10.20.290 seems  appropriate and would  achieve the                                                              
same goal  as Sections 21-23 of  CSSB 24(L&C).  He  emphasized the                                                              
importance of  ensuring discussion during  a meeting, and  he said                                                              
the  proposals made  would  allow  that to  occur  and would  help                                                              
avoid possible confusion.                                                                                                       
                                                                                                                                
7:38:17 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ announced that SB 24 was held over.                                                                          
                                                                                                                                
^CONFIRMATION HEARING(S):                                                                                                       
                    CONFIRMATION HEARING(S):                                                                                
^Marijuana Control Board                                                                                                      
                    Marijuana Control Board                                                                                 
^Occupational Safety & Health Review Board                                                                                    
           Occupational Safety & Health Review Board                                                                        
^State Board of Physical Therapy & Occupational Therapy                                                                         
     State Board of Physical Therapy & Occupational Therapy                                                                 
^State Board of Registration for Architects, Engineers & Land                                                                   
Surveyors                                                                                                                       
  State Board of Registration for Architects, Engineers & Land                                                              
                           Surveyors                                                                                        
^Worker's Compensation Appeals Commission                                                                                       
            Worker's Compensation Appeals Commission                                                                        
                                                                                                                              
7:38:52 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SPOHNHOLZ announced  that  the final  order of  business                                                              
would be  consideration of  the governor's  appointees to  various                                                              
boards and commissions.                                                                                                         
                                                                                                                                
CO-CHAIR SPOHNHOLZ  noted the committee  had heard  testimony from                                                              
the  appointees  during  the  March   5,  2021,  House  Labor  and                                                              
Commerce Standing Committee meeting.                                                                                            
                                                                                                                                
CO-CHAIR  SPOHNHOLZ  stated  that  the House  Labor  and  Commerce                                                              
Standing  Committee   had  reviewed  the  qualifications   of  the                                                              
following  governor's  appointees  and  recommends  the  names  be                                                              
advanced  to  a  joint  session   of  the  House  and  Senate  for                                                              
consideration:   Nicholas Miller  to the Marijuana  Control Board;                                                              
Thomas Trosvig to  the Occupational Safety & Health  Review Board;                                                              
Enlow  Walker   to  the   State  Board   of  Physical   Therapy  &                                                              
Occupational  Therapy; Elizabeth  Johnston to  the State  Board of                                                              
Registration  for  Architects,  Engineers  & Land  Surveyors;  and                                                              
James  Rhodes to  the  Worker's Compensation  Appeals  Commission.                                                              
She   reminded  members   that  signing   the  reports   regarding                                                              
appointments  to  boards  and  commissions   in  no  way  reflects                                                              
individual  members' approval  or disapproval  of the  appointees,                                                              
and the nominations  are merely forwarded to the  full legislature                                                              
for   confirmation  or   rejection.     [The  confirmations   were                                                              
considered advanced.]                                                                                                           
                                                                                                                                
7:40:36 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Labor and Commerce Standing Committee meeting was adjourned at                                                                  
7:41 p.m.