ALASKA STATE LEGISLATURE  SENATE LABOR AND COMMERCE STANDING COMMITTEE  March 26, 2021 1:30 p.m. MEMBERS PRESENT Senator Mia Costello, Chair Senator Roger Holland, Vice Chair Senator Gary Stevens Senator Elvi Gray-Jackson MEMBERS ABSENT  Senator Joshua Revak OTHER LEGISLATORS PRESENT  Representative David Nelson COMMITTEE CALENDAR  CONFIRMATION HEARING(S) Alaska State Board of Public Accountancy Rachel Hanks - Fairbanks Steven Jordan - Anchorage - CONFIRMATIONS ADVANCED Board of Registration for Architects, Engineers & Land Surveyors Edward "Ed" Leonetti - Anchorage Jake Maxwell - Anchorage - CONFIRMATIONS ADVANCED Board of Chiropractic Examiners Timothy Kanady - Anchorage Brian Larson - Soldotna - CONFIRMATIONS ADVANCED SENATE BILL NO. 86 "An Act relating to occupational licensing; relating to temporary licenses, permits, and certificates; and providing for an effective date." - HEARD & HELD PREVIOUS COMMITTEE ACTION  BILL: SB 86 SHORT TITLE: TEMPORARY PERMITS & LICENSES SPONSOR(s): LABOR & COMMERCE 02/15/21 (S) READ THE FIRST TIME - REFERRALS 02/15/21 (S) L&C, FIN 02/24/21 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg) 02/24/21 (S) Heard & Held 02/24/21 (S) MINUTE(L&C) 03/26/21 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg) WITNESS REGISTER RACHEL HANKS, Appointee Alaska State Board of Public Accountancy Department of Commerce, Community and Economic Development Fairbanks, Alaska POSITION STATEMENT: Testified as appointee to the Alaska State Board of Public Accountancy. STEVEN JORDAN, Appointee Alaska State Board of Public Accountancy Department of Commerce, Community and Economic Development Anchorage, Alaska POSITION STATEMENT: Testified as appointee to the Alaska State Board of Public Accountancy. EDWARD "ED" LEONETTI, Appointee Board of Registration for Architects, Engineers & Land Surveyors Department of Commerce, Community and Economic Development Anchorage, Alaska POSITION STATEMENT: Testified as appointee to the Board of Registration for Architects, Engineers, and Land Surveyors. JAKE MAXWELL, Appointee Board of Registration for Architects, Engineers & Land Surveyors Department of Commerce, Community and Economic Development Anchorage, Alaska POSITION STATEMENT: Testified as appointee to the Board of Registration for Architects, Engineers, and Land Surveyors. TIMOTHY "TIM" KANADY, DC; Appointee Board of Chiropractic Examiners Department of Commerce, Community and Economic Development Anchorage, Alaska POSITION STATEMENT: Testified as appointee to the Board of Chiropractic Examiners. BRIAN LARSON, DC; Appointee Board of Chiropractic Examiners Department of Commerce, Community and Economic Development Soldotna, Alaska POSITION STATEMENT: Testified as appointee to the Board of Chiropractic Examiners. MELODIE WILTERDINK, Staff Senator Mia Costello Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Reviewed the changes from version A to version B of SB 86. SARA CHAMBERS, Director Division of Corporations, Business, and Professional Licenses Department of Commerce, Community and Economic Development Juneau, Alaska POSITION STATEMENT: Provided supporting testimony on SB 86. MARYBETH GOODMAN, representing self Anchorage, Alaska POSITION STATEMENT: Invited testimony in support of SB 86. TAMMIE L. PERREAULT, Northwest Regional Liaison Defense-State Liaison Office Office of the Deputy Assistant Secretary of Defense Joint Base Lewis McCord, Washington POSITION STATEMENT: Invited testimony in support of SB 86 on behalf of DoD. ACTION NARRATIVE 1:30:11 PM CHAIR MIA COSTELLO called the Senate Labor and Commerce Standing Committee meeting to order at 1:30 p.m. Present at the call to order were Senators Gray-Jackson, Holland, and Chair Costello. She reviewed the agenda. ^CONFIRMATION HEARING(S) CONFIRMATION HEARING(S)  Alaska State Board of Public Accountancy  Board of Registration for Architects, Engineers & Land Surveyors  Board of Chiropractic Examiners  1:31:08 PM CHAIR COSTELLO announced the consideration of Governor Appointees to Boards and Commissions. CHAIR COSTELLO asked Rachel Hanks to introduce herself, provide a brief background, and share her interest in serving on the Alaska State Board of Public Accountancy. 1:31:37 PM RACHEL HANKS, Appointee, Alaska State Board of Public Accountancy, Alaska State Board of Public Accountancy, Department of Commerce, Community and Economic Development, Fairbanks, Alaska, stated that she had lived in Fairbanks through high school and university. She related that she had served on several nonprofit boards to give back to the community and this appointment would provide an opportunity to give back to her profession through state service. CHAIR COSTELLO noted the volunteer work listed on her resume and asked what she hopes to accomplish or focus on as a member of this board. MS. HANKS answered that she looks forward to being a liaison for and helping to amplify the voice of the Fairbanks community. She also looks forward to helping with peer review, which is up for consideration. In response to a request for further explanation, she said the board is looking at expanding who is subject to a peer review and including prepared financial statements in audits and reviews. SENATOR HOLLAND thanked her for being so active in her community and for stepping up to serve on this board. 1:34:10 PM CHAIR COSTELLO opened public testimony on the appointment of Rachel Hanks to the Alaska State Board of Public Accountancy; finding none, she closed public testimony. CHAIR COSTELLO asked Steven Jordan to introduce himself, provide a brief background, and share his interest in serving on the Alaska State Board of Public Accountancy. 1:34:37 PM STEVEN JORDAN, Appointee, Alaska State Board of Public Accountancy, Department of Commerce, Community and Economic Development, Anchorage, Alaska, stated that he is a life-long Alaskan, served in the military, received his degree in public accountancy from Gonzaga University, and has been doing governmental accounting, primarily compliance, expert witness work, and government contract review. He related that he has been a CPA for 12 years and holds a number of other certifications. He said he was interested in broadening his technical expertise and a mentor suggested that he volunteer to serve on the Alaska State Board of Public Accountancy. He opined that his work with the Department of Defense, which recently adopted new requirements for peer review and investigations, would be helpful as the state board looks at similar expansions. He said he looks forward to the service. 1:36:57 PM CHAIR COSTELLO opened public testimony on the appointment of Steven Jordan to the Alaska State Board of Public Accountancy; finding none, she closed public testimony. She expressed appreciation for his willingness to serve. SENATOR HOLLAND asked if he was with the National Guard or government services when he was with Joint Task Force Guantanamo (JTF-GTMO). MR. JORDAN answered that he mobilized with the Alaska National Guard to Cuba. When the accounting staff at JTF-GTMO Camp 5 was removed for irregularities, he served for about 9 months as the deputy comptroller and then the comptroller. SENATOR HOLLAND related that in 2007 while in the US Coast Guard, he patrolled the water around JTF-GTMO and visited Camp 5. He thanked Mr. Jordan for stepping up to serve. CHAIR COSTELLO asked Ed Leonetti to introduce himself, provide a brief background, and share his interest in serving on the State Board of Registration for Architects, Engineers, and Land Surveyors. 1:39:24 PM EDWARD "ED" LEONETTI, Appointee, Board of Registration for Architects, Engineers, and Land Surveyors (AELS), Department of Commerce, Community and Economic Development, Anchorage, Alaska, said he has called Alaska home for the last 20 years. He lives in the traditional homelands of the dina'ina people and is thankful for their careful stewardship of the land. He opined that he is an ideal member of the AELS board based on the combination of his work experience and volunteer board experience. He is a licensed professional landscape architect in Alaska and four other states. His most recent project included integrating the five Alaska Native cultures into a new facility in Anchorage. He related that his past board experience includes quasi-judicial commissions and nonprofit boards, and he believes the AELS board will benefit from his participation. He committed to collaborate with the members, follow state statutes, and put the public first by protecting their health, safety, and welfare. CHAIR COSTELLO, noting that there were several nominations to the AELS board, asked if the nominations primarily were reappointments or people who would bring a fresh perspective. MR. LEONETTI said that about half the appointments are new. He was unfamiliar with the nominees so he could not speak to the perspectives they might bring, but he did look forward to meeting the members. He specifically mentioned Loren Leman as a returning member and that he looked forward to working together. CHAIR COSTELLO related that she had the honor of serving Loren Leman in the Senate and she serves with him on the Anchorage Engineering Advisory Council that works toward the important goal of Alaskan grown architects, engineers, and land surveyors. 1:44:19 PM CHAIR COSTELLO opened public testimony on the appointment of Ed Leonetti to the State Board of Registration for Architects, Engineers, and Land Surveyors; finding none, she closed public testimony. She thanked him for his passion and being willing to serve. CHAIR COSTELLO asked Jake Maxwell to introduce himself, provide a brief background, and share his interest in serving on the State Board of Registration for Architects, Engineers, and Land Surveyors. 1:44:48 PM JAKE MAXWELL, Appointee, Board of Registration for Architects, Engineers, and Land Surveyors, Department of Commerce, Community and Economic Development, Anchorage, Alaska, stated that he is a lifelong Alaskan who has worked on a variety of projects as a land surveyor for the last 18 years. He said he is familiar with both field and office work and has a solid understanding of the guidelines and standards at the local, state, and federal levels. He said he strives for excellence in his work as a land surveyor and will bring that same drive to the work on this board. This service is also an opportunity to give back to the professional community. SENATOR HOLLAND noted that his resume mentions working with drones. He said he assumes that drone use is becoming more common in his profession. MR. MAXWELL replied there is substantial new technology that overlaps with a professional land surveyor. SENATOR HOLLAND asked whether the use of drones in design surveys is to lay out plats. MR. MAXWELL replied it is primarily to digitize high-resolution imagery of topographic features. SENATOR HOLLAND thanked him for stepping up to serve. 1:47:39 PM CHAIR COSTELLO opened public testimony on the appointment of Jake Maxwell to the State Board of Registration for Architects, Engineers, and Land Surveyors; finding none, she closed public testimony. CHAIR COSTELLO asked Timothy Kanady to introduce himself, provide a brief background, and share his interest in serving on the Board of Chiropractic Examiners. 1:48:14 PM TIMOTHY "TIM" KANADY, D.C.; CBP, Appointee, Board of Chiropractic Examiners, Department of Commerce, Community and Economic Development, Anchorage, Alaska, stated that he has lived in Alaska for 49 years and has has been a chiropractor for 38 years. He has served in many professional capacities including president of the Alaska State Chiropractor Society and service on a number of professional boards and commissions. He advised that he has never had a disciplinary action and he sees this service as one to serve and protect the people of Alaska. DR. KANADY related that he has always treated patients the way he would like to be treated. CHAIR COSTELLO thanked him for his service. SENATOR GRAY-JACKSON thanked him for being willing to serve on this board and in the community. She noted that she had been a patient of his for more than 15 years. 1:50:35 PM CHAIR COSTELLO opened public testimony on the appointment of Timothy Kanady to the Board of Chiropractic Examiners; finding none, she closed public testimony. CHAIR COSTELLO asked Dr. Brian Larson to introduce himself, provide a brief background, and share his interest in serving on the Board of Chiropractic Examiners. 1:51:14 PM BRIAN LARSON, DC; Appointee, Board of Chiropractic Examiners, Soldotna, Alaska, stated that he has lived in Alaska for 41 years and worked a variety of jobs before becoming a chiropractic sports physician 18 years ago. He has treated athletes statewide. He advised that he was standing for reappointment to serve a second term. The last two years he served as the chair of the board and will serve in that capacity again if confirmed. DR. LARSON said the first duty of the board is to protect the citizens of the state and give service in fiscal, mental, and financial obligations. He advised that the board has been reviewing the regulations and statutes with the idea of modernizing the chiropractic scope of practice. He highlighted that he recently learned about legislation that created a certified clinical chiropractic assistant position, but the certificate has not been created and there is no way for the state to track or discipline those individuals. That will be a board responsibility, he said. He reported that the board is looking for a sponsor for legislation to clarify and expand the scope of practice for the chiropractic profession. SENATOR HOLLAND thanked him for the depth and scope of his testimony. 1:57:27 PM CHAIR COSTELLO opened public testimony on the reappointment of Dr. Bran Larson to the Board of Chiropractic Examiners; finding none, she closed public testimony. 1:57:45 PM SENATOR HOLLAND stated that in accordance with AS 39.05.080, the Senate Labor and Commerce Standing Committee reviewed the following and recommends the appointments be forwarded to a joint session for consideration: Alaska State Board of Public Accountancy Rachel Hanks - Fairbanks Steven Jordan - Anchorage Board of Registration for Architects, Engineers & Land Surveyors Edward "Ed" Leonetti - Anchorage Jake Maxwell - Anchorage Board of Chiropractic Examiners Dr. Timothy "Tim" Kanady - Anchorage Dr. Brian Larson -Soldotna Signing the reports regarding appointments to boards and commissions in no way reflects individual members' approval or disapproval of the appointees; the nominations are merely forwarded to the full legislature for confirmation or rejection. CHAIR COSTELLO found no objection and the names were forwarded. 1:58:35 PM At ease SB 86-TEMPORARY PERMITS & LICENSES  2:00:19 PM CHAIR COSTELLO reconvened the meeting and announced the consideration of SENATE BILL NO. 86 "An Act relating to occupational licensing; relating to temporary licenses, permits, and certificates; and providing for an effective date." She explained that this committee bill extracted the issue of temporary licensure from the Governor's Disaster Declaration. This is the second hearing and there is a committee substitute for the committee's consideration. 2:00:49 PM SENATOR HOLLAND moved to adopt the Committee Substitute (CS) for SB 86, work order 32-LS0531\B, as the working document. 2:01:07 PM CHAIR COSTELLO objected for an explanation of changes. 2:01:19 PM MELODIE WILTERDINK, Staff, Senator Mia Costello, Alaska State Legislature, Juneau, Alaska, recounted that there were just two changes between version A and version B of SB 86. On page 1, line 6, the term "may" was changed to "shall" so subsection (a) reads as follows: (a) The department may on an expedited basis issue a temporary license, permit, or certificate under this section to engage in an occupation regulated under this chapter to an individual who holds a corresponding license, permit, or certificate in good standing in another jurisdiction and pays the required fee for a temporary license, permit, or certificate established by the department. On page 2, lines 2 through 5, a new subsection (c) establishes that the Department of Commerce, Community and Economic Development (DCCED) shall issue a temporary license to a qualified military spouse within 10 days after it receives a complete application from the spouse of an active duty military member. 2:03:03 PM CHAIR COSTELLO removed her objection. Finding no further objection, version B was adopted. 2:04:06 PM SARA CHAMBERS, Director, Division of Corporations, Business, and Professional Licenses, Department of Commerce, expressed appreciation that the committee was working on temporary licensure for military spouses, which the governor recommended in previous years and the division has worked on for several years with Alaska's military community. She offered her understanding that SB 86 would move all professional licensures forward as quickly and efficiently as possible to allow individuals to get to work while they finish their permanent license application in the state. MS. CHAMBERS said the original bill and the CS provide safeguards such that applicants would need to hold an unencumbered license in another state, meaning they have been vetted and they meet health and safety standards. The CS requires the division to issue a temporary license to applicants that meet those requirements. She shared that the number one complaint the division receives is about the wait time to receive a license and get to work. SB 86 would help by allowing the individual to work after providing proof of the basic education and safety measures and allow time for the rest of the documents to arrive. In particular, the needs of active duty military spouses are a priority for the division and SB 86 helps in that regard, she said. 2:07:45 PM CHAIR COSTELLO asked if the January 1, 2022 effective date is to allow time for the boards to write regulations or if an immediate effective date would be more helpful. MS. CHAMBERS said she was satisfied with the January 1, 2022 effective date to allow time for the boards to write regulations and complete forms and application processes. CHAIR COSTELLO offered her understanding that if the legislature passed a measure that allowed the governor to address some pandemic concerns without a disaster declaration, SB 86 would become effective after that to allow time for the boards to draft regulations. MS. CHAMBERS said she agrees. CHAIR COSTELLO asked Ms. Goodman to share her story and tell the committee whether she believes that SB 86 would address her concerns. 2:09:59 PM MARYBETH GOODMAN, representing self, Anchorage, Alaska, stated support for SB 86 and offered the following personal account: I am a licensed professional counselor in the great state of Alaska. I also hold licenses in North Dakota, Nebraska, Colorado, Florida, Missouri, New Mexico, and Virginia. I also hold a national certification in counseling. I have been practicing for over 22 years and I hold special certification in trauma, post- traumatic stress disorder, family systems, eating disorders, critical incident stress management, and autism and sensory processing disorders. My resume boasts experience with inner city psychiatric emergency rooms, residential treatment centers, nationally acclaimed eating disorder clinics, and veteran rehabilitation nonprofit organizations. I have a 25-year job history that would impress even the most selective employers. I have been diligent in gathering continuing education units for all my 22 years and have amassed well over 750 hours. 2:11:09 PM I am a veteran spouse now for 5 months and prior to that an active duty spouse for 25 years. Before retiring here to Alaska, we had 12 formal duty stations in 10 different states. I am a self- proclaimed expert in transferring my license. I began the process for licensure here in Alaska as an active duty spouse in October 2019. My license was granted June 1, 2020, nine long months later. My process always takes a little longer because my degree was granted in 1998, long before digital records existed. Anyone on the committee remember microfiche? I was also required to present all verification of all of my licenses held in other states. This means not only did I have to wait for them to certify and send them, I had to pay 9 additional states anywhere from $25 to $100 for these official verifications. Packing on transfer fees and application fees, my application cost well over $2000. Requests for this information is a needless delay as the process is that most states verify through their website and are monitored by their board. Now I need you to understand, and please hear this; I was treated with the utmost kindness and wonderful curtesy from the counseling board, often conversing with them every day for months. However, throughout this entire process, I felt like my experience and my other state licenses were invalid, that my 22 years of clinical experience simply did not count. I eventually had to quote the Military Spouse Portability Act or House Resolution 5683 and asked if I needed to get legal assistance to navigate this process. I can only speak from my personal experience in the area of mental health counseling. I can tell you that in my 22 years of clinical practice in multiple states, my techniques have only changed based on clinical empirical evidence, not based on where the client lives. 2:13:13 PM Temporary licenses issued immediately upon application completion is misleading. My application was completed in March and my license was issued in June. That's a respectable amount of time. However, getting my application complete took a significant amount of time simply because of the mandates places on me by the licensure board. It's unnecessary and delays the process of getting spouses to work. My application took nine long months. Nine months that I could have been helping the residents of Alaska, nine months that I could have been paying income tax. Nine months matters. Helping military spouses establish license and employment benefits, benefits our communities financially and by filling critically needed positions. I am an asset to your state. I am here to fill vacancies that are unfilled. I am here to solve the deficit of mental health providers. I volunteer 20 hours per month to assist in suicide prevention and suicide education in our community. I am present in the veteran and military mental health communities, helping individuals who are at high risk. I will supervise, educate, and mentor licensure candidates who are graduating from local institutions. I am an active voter, I am your constituent, I am not unique. There are many major military institutions in this state that boast the highest caliber of military spouse. Please do not ignore this resource. In closing, I would like to thank you for allowing me to practice mental health counseling here. Thank you for giving me the opportunity to leave this state a little bit better than where I found it. I'm sure you can relate to that statement because that is what you too have been called to do as legislators. 2:12:28 PM SENATOR STEVENS joined the committee. CHAIR COSTELLO thanked her for the powerful testimony and relayed the committee's interest in helping and welcoming military spouses. SENATOR HOLLAND described her qualifications as unique and asked if she agreed that the temporary license should be valid for 12 months rather than 6 months. MS. GOODMAN said she agrees. CHAIR COSTELLO asked Ms. Perreault to comment on whether Ms. Goodman's experience is common for military spouses and if she knows of a state that handles military spouse licensure more expeditiously. 2:17:11 PM TAMMIE L. PERREAULT, Northwest Regional Liaison, Defense-State Liaison Office, Office of the Deputy Assistant Secretary of Defense, Joint Base Lewis McCord, Washington, thanked the committee for the opportunity to speak in support of SB 86. She advised that 16 other states provide an exception for military spouses to receive a temporary license based on licensure in another state. She said Ms. Goodman's story is not unique, which is why the Department of Defense views it as a priority to help improve military spouse licensure. She highlighted that DoD sent a letter to the governor last year specifically asking the State of Alaska to move forward on this issue. She said SB 86 reflects much of what her office and Director Chamber's office have worked toward on this issue. She agreed with Senator Holland that one year would be an appropriate time for a temporary license that is issued based on a license in good standing in another state. CHAIR COSTELLO stated that the committee was open to suggestions from both the Department of Defense and the Division of Corporations, Business, and Professional Licenses to improve the bill. SENATOR HOLLAND reminded those listening that SB 86 captures military spouses, but it is an effort to streamline the licensing process for all individuals who come to Alaska to enter the workforce. CHAIR COSTELLO said she appreciated his comments. She said the difference between this measure and the temporary licensure in the Governor's Disaster Declaration is that this legislation says the division shall issue the spouse of a military member a license within 10 [business] days of the complete application. She noted that other professions would also have a temporary, one-year license. She asked Ms. Chambers if the division could achieve the 10-day statutory deadline should the bill pass. 2:21:13 PM MS. CHAMBERS replied, it would be difficult to meet the 10-day deadline or any mandated time because the division does not have the staff to take on additional work. However, the division would follow the policy set by the legislature and ensure that happens by requesting additional resources. She offered her understanding that one of the best practices DoD employs is to have a single point of contact within the licensing agency to assist military spouses navigate the labyrinth of government requirements. With additional resources, the division would be more likely to be able to achieve the mandated window and the increased work of temporary licensure for all programs and follow best practices. CHAIR COSTELLO noted Senator Stevens' presence and that Representative David Nelson was in the audience. 2:23:16 PM SENATOR STEVENS asked what the division has to accomplish in the 10-day window following receipt of the military spouse's complete application for the temporary license. MS. CHAMBERS replied, SB 86 requires the division to ensure that the applicant's license in the other jurisdiction is in good standing. Technological advances and the ability to do more online has made it easier to check licensure in other jurisdictions. However, the problem with meeting any deadline is that the division has 43 different licensing programs; no one person is an expert in all programs; and the division does not have staff redundancy to cover when someone is not at work. She emphasized that the division wants to meet the requirement for military spouses and improve the turnaround for everyone seeking a temporary license. CHAIR COSTELLO asked Ms. Chambers and Ms. Perreault if they agree on the benefits of having a point person in Alaska to help military spouses. MS. CHAMBERS agreed that having such concierge service would help the division meet the needs of military spouses and reduce their frustration. She highlighted that DoD has made it clear that basing decisions will in part be dependent on a state's military family friendliness. She posited that meeting some of DoD's best practices would not only improve quality standards for spouses but also provide economic benefit to the state. 2:27:59 PM CHAIR COSTELLO thanked the invited testifiers and stated she would hold SB 86 in committee for further consideration. 2:28:23 PM There being no further business to come before the committee, Chair Costello adjourned the Senate Labor and Commerce Standing Committee meeting at 2:28 p.m.