ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
March 29, 2021
1:30 p.m.
MEMBERS PRESENT
Senator Mia Costello, Chair
Senator Roger Holland, Vice Chair
Senator Joshua Revak
Senator Gary Stevens
Senator Elvi Gray-Jackson
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING(S)
Alaska Labor Relations Agency
Tyler Andrews - Anchorage
Dennis DeWitt - Juneau
- CONFIRMATIONS ADVANCED
Alaska Workers' Compensation Board
Anthony Ladd - Anchorage
Jason Motyka - Anchorage
- CONFIRMATIONS ADVANCED
Board of Social Work Examiners
Mindy Swisher - Palmer
Sharon Woodward - Juneau
- CONFIRMATIONS ADVANCED
Board of Dental Examiners
Gregory Johnson - Fairbanks
- CONFIRMATION ADVANCED
Board of Professional Counselors
Dorene "Dori" Hagen - Homer
- CONFIRMATION ADVANCED
Board of Veterinary Examiners
Denise Albert - Denali Park
- CONFIRMATION ADVANCED
Marijuana Control Board
Nicholas "Nick" Miller - Anchorage
- CONFIRMATION ADVANCED
Board of Registration for Architects, Engineers, & Land
Surveyors
Loren Leman - Anchorage
- CONFIRMATION ADVANCED
Board of Marital & Family Therapy
Joy Collins - Anchorage
- CONFIRMATION ADVANCED
SENATE BILL NO. 40
"An Act relating to veterans' benefits services and veterans'
benefits appeal services."
- MOVED SB 40 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 40
SHORT TITLE: VETERANS' BENEFITS SERVICES; DISCLOSURE
SPONSOR(s): SENATOR(s) REVAK
01/25/21 (S) PREFILE RELEASED 1/15/21
01/25/21 (S) READ THE FIRST TIME - REFERRALS
01/25/21 (S) STA, L&C
03/04/21 (S) STA AT 3:30 PM BUTROVICH 205
03/04/21 (S) Heard & Held
03/04/21 (S) MINUTE(STA)
03/11/21 (S) STA AT 3:30 PM BUTROVICH 205
03/11/21 (S) Heard & Held
03/11/21 (S) MINUTE(STA)
03/18/21 (S) STA AT 3:30 PM BUTROVICH 205
03/18/21 (S) Moved SB 40 Out of Committee
03/18/21 (S) MINUTE(STA)
03/19/21 (S) STA RPT 4DP
03/19/21 (S) DP: SHOWER, HOLLAND, COSTELLO, REINBOLD
03/19/21 (S) OBJECTION (REGARDING REPORTING OUT OF
COMMITTEE PROCESS)
03/19/21 (S) POSTPONE QUESTION TO MARCH 24 Y14 N2
E3 A1
03/22/21 (S) OBJECTION WITHDRAWN (REGARDING
REPORTING OUT OF COMMITTEE PROCESS)
03/29/21 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
TYLER ANDREWS, Appointee
Alaska Labor Relations Agency
Department of Labor and Workforce Development (DOLWD)
Anchorage, Alaska
POSITION STATEMENT: Testified for reappointment to the Alaska
Labor Relations Agency.
DENNIS DEWITT, Appointee
Alaska Labor Relations Agency
Department of Labor and Workforce Development (DOLWD)
Juneau, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Labor
Relations Agency.
ANTHONY LADD, Appointee
Alaska Workers' Compensation Board
Department of Labor and Workforce Development (DOLWD)
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska
Workers' Compensation Board.
JASON MOTYKA, Appointee
Alaska Workers' Compensation Board
Department of Labor and Workforce Development (DOLWD)
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska
Workers' Compensation Board.
MINDY SWISHER, Appointee
Board of Social Work Examiners
Department of Commerce, Community and Economic Development
Fairbanks, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Social Work Examiners.
SHARON WOODWARD, Appointee
Board of Social Work Examiners
Department of Commerce, Community and Economic Development
Juneau, Alaska
POSITION STATEMENT: Testified for reappointment to the Board of
Social Work Examiners.
GREGORY JOHNSON, Appointee
Board of Dental Examiners
Department of Commerce, Community and Economic Development
Fairbanks, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Dental Examiners.
DORENE "DORI" HAGEN, Appointee
Board of Professional Counselors
Department of Commerce, Community and Economic Development
Homer, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Professional Counselors.
DR. DENISE ALBERT, Appointee
Board of Veterinary Examiners
Department of Commerce, Community and Economic Development
Denali Park, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Veterinary Examiners.
NICHOLAS "NICK" MILLER, Appointee
Marijuana Control Board
Department of Commerce, Community and Economic Development
Anchorage, Alaska
POSITION STATEMENT: Testified for reappointment to the Marijuana
Control Board.
CHERYL BOWIE, representing self
Colorado
POSITION STATEMENT: Testified in opposition to reappointing the
same members to the Marijuana Control Board.
LACY WILCOX, President
Alaska Marijuana Industry Association (AMIA)
Juneau, Alaska
POSITION STATEMENT: Testified on behalf of AMIA in support of
Nick Miller's reappointment to the Marijuana Control Board.
RYAN TUNSETH, representing self
Kenai, Alaska
POSITION STATEMENT: Testified in support of the reappointment of
Nick Miller to the board.
LOREN LEMAN, 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.
JOY COLLINS, Appointee
Board of Marital and Family Therapy
Department of Commerce, Community and Economic Development
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Marital and Family Therapy.
SETH DUGGAN, Staff
Senator Josh Revak
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: introduced SB 40 on behalf of the sponsor
VERDIE BOWEN, Administrative Director of Veterans Affairs
Office of Veterans Affairs
Department of Military & Veterans Affairs (DMVA)
Anchorage, Alaska
POSITION STATEMENT: Provided supporting testimony for SB 40.
ACTION NARRATIVE
1:30:34 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, Revak, Stevens, Holland, and
Chair Costello.
She reviewed the agenda.
^CONFIRMATION HEARING(S)
CONFIRMATION HEARING(S)
Alaska Labor Relations Agency
Alaska Workers' Compensation Board
Board of Social Work Examiners
Board of Dental Examiners
Board of Professional Counselors
Board of Veterinary Examiners
Marijuana Control Board
Board of Registration for Architects, Engineers & Land Surveyors
Board of Marital & Family Therapy
1:31:48 PM
CHAIR COSTELLO announced the consideration of Governor
Appointees to Boards and Commissions. She explained the process
to the appointees.
CHAIR COSTELLO asked Tyler Andrews to introduce himself, provide
a brief background, and share his interest in serving on the
Alaska Labor Relations Agency.
1:33:02 PM
TYLER ANDREWS, Appointee, Alaska Labor Relations Agency,
Department of Labor and Workforce Development (DOLWD),
Anchorage, Alaska, related that he was seeking reappointment to
a management seat on this board. He serves because it is an
opportunity to give back to the state. He has enjoyed serving
and learning different aspects of his profession. He said he
looks forward to continuing to serve and he believes the system
is functioning such that adjudications are quick and proper.
CHAIR COSTELLO noted that his experience includes work in labor
relations with the Chugach Electric Board for nine years and
more than ten collective bargaining agreements representing the
state. She found no questions and thanked him for being willing
to serve the state in this capacity.
1:34:46 PM
CHAIR COSTELLO opened public testimony on the appointment of
Tyler Andrews to the Alaska Labor Relations Agency; finding
none, she closed public testimony.
CHAIR COSTELLO asked Dennis DeWitt to introduce himself, provide
a brief background, and share his interest in serving on the
Alaska Labor Relations Agency.
1:35:27 PM
DENNIS DEWITT, Appointee, Alaska Labor Relations Agency,
Department of Labor and Workforce Development (DOLWD), Juneau,
Alaska, stated that he and his wife live and raised their family
in Juneau. He arrived initially in 1980. He related that he has
worked in and around government for most of his career,
including as the director of the Division of Pioneer Benefits,
special assistant to Governor Murkowski, and staff for the House
Finance Committee where he worked on labor relation issues. He
opined that his background prepared him well to be a member of
the Alaska Labor Relations Agency. He recounted the
responsibilities to listen, review pertinent statutes and
previous board decisions, and render fair decisions. He said he
believes that serving on this board is another opportunity to
serve the state.
SENATOR STEVENS disclosed that Mr. DeWitt had been a friend for
many years. He asked, as a long-time Rotarian, how service on
this board fits with the principal Rotary motto of "Service
Above Self."
MR. DEWITT replied this service does fit with the concept of
Service Above Self. He said he believes that it is important to
see that people who come before the board can be assured that
the members will listen and make fair judgements. He has time to
contribute and this is part of what Rotarians do, he said.
1:38:39 PM
CHAIR COSTELLO opened public testimony on the appointment of
Dennis DeWitt to the Alaska Labor Relations Agency; finding
none, she closed public testimony.
CHAIR COSTELLO asked Anthony Ladd to introduce himself, provide
a brief background, and share his interest in serving on the
Alaska Workers' Compensation Board.
1:39:05 PM
ANTHONY LADD, Appointee, Alaska Workers' Compensation Board,
Department of Labor and Workforce Development (DOLWD),
Anchorage, Alaska, stated that he is a lifelong Alaskan who is
currently residing in Anchorage and working as the business
manager for the Iron Workers Local 751. He related that he
currently sits on the Alaska Workforce Investment Board and is
chair for the Assessment and Evaluation Committee. He has
attended two workers' compensation board meetings and has
participated as an observer on two cases. He understands that
this is a working board and he looks forward to serving if
confirmed. He related that his interest in this board is to be a
voice for the workers to navigate workers' compensation and find
ways to reduce costs of workers' compensation through safety,
training, and reducing medical costs.
1:40:24 PM
CHAIR COSTELLO opened public testimony on the appointment of
Anthony Ladd to the Alaska Workers' Compensation Board; finding
none, she closed public testimony.
CHAIR COSTELLO asked Jason Motyka to introduce himself, provide
a brief background, and share his interest in serving on the
Alaska Workers' Compensation Board.
1:40:52 PM
JASON MOTYKA, Appointee, Alaska Workers' Compensation Board,
Department of Labor and Workforce Development (DOLWD),
Anchorage, Alaska, stated that he is a lifelong Alaskan who
started his first business at age 25 and now has multiple
tourism and hospitality businesses in both Anchorage and Denali
National Park. He said he believes he would bring unique insight
into the challenges facing small business owners in the state.
He hopes to be part of developing a better system, helping make
the state a better place to do business, and ensuring protection
and fair treatment for workers.
CHAIR COSTELLO noted that his resume indicates he was the Alaska
Small Business Person of the Year twice. She thanked him for his
service to the state.
1:43:21 PM
CHAIR COSTELLO opened public testimony on the appointment of
Jason Motyka to the Alaska Workers' Compensation Board; finding
none, she closed public testimony.
CHAIR COSTELLO invited Mindy Swisher to introduce herself,
provide a brief background, and share her interest in serving on
the Board of Social Work Examiners.
1:43:43 PM
MINDY SWISHER, Appointee, Board of Social Work Examiners,
Department of Commerce, Community and Economic Development,
Palmer, Alaska, stated that she is a lifelong Alaskan who holds
a master's degree and is a licensed clinical social worker. She
advised that she is seeking reappointment and currently serves
as chair. She related that for the past 14 years she has worked
as manager of the Office of Children's Services. Her reason for
serving on this board is to make sure that the social work field
is protected and fairly regulated. She said she enjoys being
part of formulating regulations and COVID-19 provided a unique
opportunity to look at statutes and regulations with an eye
toward better service to Alaskan families. She said she would
like to continue to serve on the board; she enjoys this as a way
to give back to the state.
CHAIR COSTELLO asked what she sees as the number one challenge
facing the board after the COVID-19 pandemic.
MS. SWISHER answered that the board has had ongoing
conversations about the need for additional social workers and
how to bridge the gap with licensure and applications. She said
she looks forward to having a full board and looking for
solutions.
CHAIR COSTELLO asked what it costs to receive a Bachelor of
Social Work degree and a Master of Social Work degree.
MS. SWISHER replied it was affordable when she received her
bachelor's degree from UAF many years ago because she qualified
for in-state tuition.
1:46:49 PM
CHAIR COSTELLO opened public testimony on the appointment of
Mindy Swisher to the Board of Social Work Examiners; finding
none, she closed public testimony.
CHAIR COSTELLO asked Sharon Woodward to introduce herself,
provide a brief background, and share her interest in serving on
the Board of Social Work Examiners.
1:47:10 PM
SHARON WOODWARD, Appointee, Board of Social Work Examiners,
Department of Commerce, Community and Economic Development,
Juneau, Alaska, stated that she has been a social worker for 14
years, primarily working with the elder population. She related
that she has worked as an investigator with Elder Protective
Services and as the director of social services in long-term
care in both Nevada and Alaska. She said long-term care is her
passion and she would like to serve on this board to support and
encourage the professionals who advocate for vulnerable
populations.
CHAIR COSTELLO expressed appreciation for her interest in
supporting the elderly population because that population is
growing rapidly and elder abuse is a concern.
1:48:19 PM
CHAIR COSTELLO opened public testimony on the appointment of
Sharon Woodward to the Board of Social Work Examiners; finding
none, she closed public testimony.
CHAIR COSTELLO asked Dr. Gregory Johnson to introduce himself,
provide a brief background, and share his interest in serving on
the Board of Dental Examiners.
1:48:43 PM
DR. GREGORY JOHNSON, Appointee, Board of Dental Examiners,
Department of Commerce, Community and Economic Development,
Fairbanks, Alaska, stated that he became licensed in Alaska in
1986 and started practice as a pediatric dentist the following
year. He would like to serve the state once again after serving
on the Medical Care Advisory Committee and the Interior
Community Health Center. He said he believes that his work and
volunteer experience would be valuable to this board. His
application demonstrates his willingness to give back to his
community and state.
CHAIR COSTELLO noted that his resume indicates he served in the
Army National Guard and she thanked him for serving in that
capacity.
1:50:14 PM
CHAIR COSTELLO opened public testimony on the appointment of Dr.
Gregory Johnson to the Board of Dental Examiners; finding none,
she closed public testimony.
CHAIR COSTELLO invited Dorene Hagen to introduce herself,
provide a brief background, and share her interest in serving on
the Board of Professional Counselors.
1:50:35 PM
DORENE "DORI" HAGEN, Appointee, Board of Professional
Counselors, Department of Commerce, Community and Economic
Development, Homer, Alaska, stated that she has lived in Alaska
off and on for 30 years and currently resides in Homer. She said
she pursued professional counseling as an adult with a passion
to help individuals who have found life difficult. She has been
serving as a counselor for about 5 years. She said she applied
to be a member of this board to ensure that ethical best
practices are employed for the clients that counselors serve.
She said she has not served on a board before and she looks
forward to working with this team.
CHAIR COSTELLO noted that her resume reflects a wide range of
experience. She asked if she wanted to share any experiences
from her time spent as a missionary in Lebanon doing trauma
counseling.
MS. HAGEN replied that she continues to grow and learn about
trauma and how it affects a person's perception of their life.
She said it was an honor to be invited to the Middle East to
serve Syrian refugees coming out of the battlefield and offer
practical tools to help children, moms, dads, and families cope
and start moving forward.
1:53:37 PM
CHAIR COSTELLO opened public testimony on the appointment of
Dorene "Dori" Hagen to the Board of Professional Counselors;
finding none, she closed public testimony.
CHAIR COSTELLO asked Dr. Denise Albert to introduce herself,
provide a brief background, and share her interest in serving on
the Board of Veterinary Examiners.
1:54:10 PM
DENISE ALBERT, DVM; Appointee, Board of Veterinary Examiners,
Department of Commerce, Community and Economic Development,
Denali Park, Alaska, stated that she began serving on this board
a year ago, just before COVID-19 hit. She has been a practicing
veterinarian for 35 years who first came to Alaska to volunteer
as a trail vet for the Iditarod race 26 years ago and continued
to do so for the next 15 years. She has lived and practiced in
Alaska for the last 20 years. She is now semi-retired and a
colleague suggested she apply to serve on this board. She noted
that her resume indicates she has served in multiple capacities
of the profession in numerous locations nationwide. She said her
broad view of the field and attention to detail would be helpful
to the board.
DR. ALBERT said she has learned a great deal serving on the
board this last year and looks forward to continuing in this
capacity.
SENATOR STEVENS said he appreciates her resume and sees that her
semi-retired life is not very semi.
SENATOR HOLLAND commended her for receiving the Golden
Stethoscope Award from the Iditarod Finishers Club in 1997 and
2009.
1:58:15 PM
CHAIR COSTELLO opened public testimony on the appointment of Dr.
Denise Albert to the Board of Veterinary Examiners; finding
none, she closed public testimony.
CHAIR COSTELLO thanked her for her service.
CHAIR COSTELLO asked Nick Miller to introduce himself, provide a
brief background, and share his interest in serving on the
Marijuana Control Board.
1:58:45 PM
NICHOLAS "NICK" MILLER, Appointee, Marijuana Control Board,
Department of Commerce, Community and Economic Development,
Anchorage, Alaska, stated that he is currently serving in the
industry seat. He would like to continue this service to work on
improving the regulations in this maturing industry for the
public and the industry as a whole. He noted that he and his
wife own multiple licenses in the cannabis industry.
SENATOR STEVENS asked for a description of the changes he
envisions.
MR. MILLER replied most of the changes relate to transporting
product from one location to another. This can take time
depending on the route and road conditions and there are not
many options to overnight when driving from Fairbanks to Kenai,
for example. This puts transporters in a difficult position if
they have to drive that far on bad roads, he said.
2:00:31 PM
CHAIR COSTELLO opened public testimony on the appointment of
Nicholas "Nick" Miller to the Marijuana Control Board.
2:00:46 PM
CHERYL BOWIE, representing self, Colorado, stated that she is a
medical marijuana user and a licensed medical marijuana employee
who relocated to Colorado from Alaska so she could work in the
medical marijuana field. She said she opposes reconfirming
members to this board, particularly for the industry and public
seats. She voiced support for diversity and pointed out that
there are many aspects of the marijuana industry besides
recreational. She highlighted that the members of this board
have done nothing to increase access in Alaska to medical
marijuana. She said patients are priced out of the legal
industry, putting them at risk. She cited progressive movements
in the USDA and other states and advocated for creating seats on
this board to represent medical marijuana patients, and
agriculture. Doing so would prevent people like herself from
leaving Alaska to work in the medical marijuana area of the
industry.
2:04:58 PM
LACY WILCOX, President, Alaska Marijuana Industry Association
(AMIA), Juneau, Alaska, advised that the AMIA is the only
statewide cannabis industry trade group. It has the mission to
promote and advocate for a vibrant and reasonably regulated
Alaska-based marijuana industry. On behalf of the AMIA, she
stated support for the reappointment and confirmation of Nick
Miller to the industry seat on the Marijuana Control Board. She
said he holds multiple cannabis industry licenses and he meets
the statutory qualifications of the industry seat. He is a
founder of the Anchorage Cannabis Business Association and a
member of the AMIA board. He provides sensible guidance to the
board and understands both the urban and rural markets.
Addressing the prior speaker's concern about staying current
with what is happening in the industry nationally, she said it
is the duty of the AMIA to stay current on national standards
and Mr. Miller's work with the association helps in the effort
move forward on national issues.
2:08:03 PM
RYAN TUNSETH, representing self, Kenai, Alaska, advised that he
owns a retail marijuana business in Kenai and he is speaking in
support of the reappointment of Nick Miller to the Marijuana
Control Board. He said Mr. Miller has gone out of his way to
include all people in the industry and to disrupt the makeup of
the board at this time would put licensees at a disadvantage.
2:10:03 PM
CHAIR COSTELLO closed public testimony on the appointment of
Nick Miller to the Marijuana Control Board.
CHAIR COSTELLO asked Loren Leman to introduce himself, provide a
brief background, and share his interest in serving on the Board
of Registration for Architects, Engineers, and Land Surveyors.
2:10:37 PM
LOREN LEMAN, Appointee, Board of Registration for Architects,
Engineers & Land Surveyors (AELS), Department of Commerce,
Community and Economic Development, Anchorage, Alaska, stated
that he was appointed in March 2020 to fill one of the civil
engineer seats on the AELS Board. He said he realizes that many
on the committee are more familiar with him as a former elected
official than his 47 years providing civil and environmental
engineering services in every region of Alaska. When he agreed
to apply for the position, he said he did not appreciate the
work commitment. The board meets for two days four times a year
and has work assignments between meetings. He said the board
functions well but has thoughts on improvements and may bring
those proposals to the legislature next session. He said he
views this and his other service as giving back to the
engineering profession and the state that has provided so much
for his family and himself. He asked for the committee's support
for himself and all the AELS Board nominees.
CHAIR COSTELLO said it has always been a pleasure to work with
you.
SENATOR REVAK expressed appreciation for his continuing service
to the community and state.
SENATOR STEVENS commented that Kodiak continues to consider him
a Kodiak descendent.
2:15:48 PM
CHAIR COSTELLO opened public testimony on the appointment of
Loren Leman to the Board of Registration for Architects,
Engineers and Land Surveyors; finding none, she closed public
testimony.
CHAIR COSTELLO asked Joy Collins to introduce herself, provide a
brief background, and share her interest in serving on the Board
of Marital and Family Therapy.
2:16:24 PM
JOY COLLINS, Appointee, Board of Marital and Family Therapy,
Department of Commerce, Community and Economic Development,
Anchorage, Alaska, stated that she is a lifelong Alaskan. She
received a master's degree in psychology and marriage and family
therapy in 2000 and received her license in 2003. As a
registered play therapist, she said she works primarily with
children and their families struggling with a variety of
clinical issues. She relayed her interest in this board is to be
a voice for her colleagues and help them understand policies the
board implements. She said she considers herself to have strong
ethics and integrity and she has the ability to look objectively
at all sides of issues from both the client and therapist
perspectives.
SENATOR GRAY-JACKSON asked what a play therapist does.
MS. COLLINS explained that there are many types of play therapy
but generally, it is either directive or nondirective. Young
people often cannot verbalize their feelings of the trauma they
have experienced, but they use play to work through the trauma
and this reduces their symptoms. Using puppets, sand trays, and
art, the therapist helps the child play out and work through
what they experienced. These types of therapy are also helpful
as the child gets older because they don't need to look the
therapist in the eye as they share difficult issues or traumas
they've experienced.
2:19:29 PM
CHAIR COSTELLO opened public testimony on the appointment of Joy
Collins to the Board of Marital and Family Therapy; finding
none, she closed public testimony.
CHAIR COSTELLO expressed appreciation that she stepped up to
serve the state.
2:19:55 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 Labor Relations Agency
Tyler Andrews - Anchorage
Dennis DeWitt - Juneau
Alaska Workers' Compensation Board
Anthony Ladd - Anchorage
Jason Motyka - Anchorage
Board of Social Work Examiners
Mindy Swisher - Palmer
Sharon Woodward - Juneau
Board of Dental Examiners
Gregory Johnson - Fairbanks
Board of Professional Counselors
Dorene "Dori" Hagen - Homer
Board of Veterinary Examiners
Denise Albert - Denali Park
Marijuana Control Board
Nicholas "Nick" Miller - Anchorage
Board of Registration for Architects, Engineers & Land Surveyors
Loren Leman - Anchorage
Board of Marital & Family Therapy
Joy Collins - Anchorage
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.
SB 40-VETERANS' BENEFITS SERVICES; DISCLOSURE
2:21:04 PM
CHAIR COSTELLO announced the consideration of SENATE BILL NO. 40
"An Act relating to veterans' benefits services and veterans'
benefits appeal services."
She said this is the first hearing in this committee and the
intention is to hear the introduction, take invited and public
testimony, and look to the will of the committee.
2:21:39 PM
SENATOR REVAK, speaking as sponsor of SB 40, stated that this
legislation addresses the issue that some for-profit veteran
service providers are preying on veterans who find they need
legal, medical, and other services and are unaware that these
services are available at no cost to the veteran through a
Veteran Service Organization (VSO). Some for-profit providers
are taking a good portion of a veteran's benefits in exchange
for filling out an application to receive needed services.
SB 40 essentially says that these for-profit businesses must
disclose to the veteran that their services may be obtained free
of charge from a VSO.
2:23:34 PM
SETH DUGGAN, Staff, Senator Josh Revak, Alaska State
Legislature, Juneau, Alaska, read the following sponsor
statement into the record:
When a veteran needs legal representation, medical
supplies, or other services, many are not aware that a
Veteran Service Organization (VSO) provides many
services free of charge. Instead, they pay hefty fees
to other providers and take on debt without being
fully informed about their free options.
2:23:57 PM
SB 40 seeks to stop veterans from being taken
advantage of by requiring these individuals and
businesses who offer compensated veterans services to
provide veterans a written disclosure form listing the
free alternatives prior to taking them on as a client.
Additionally, any advertisement for veteran benefit
services will be required to include a disclosure that
indicates that a Veteran Service Organization offers
these services free of charge. Should the veteran not
receive the disclosure, the individual or business
responsible can be fined $1,000 dollars for each
violation.
Currently, there are 18 Veteran Service Officers in
Alaska who work under organizations such as the
Veterans of Foreign Wars (VFW), American Legion,
Disabled American Veterans (DAV), the Vietnam Veterans
of America (VVA), and the Director of Veterans
Affairs. These organizations are responsible for
aiding and advising veterans free of charge.
The passage of SB 40 ensures that veterans and their
families who are looking for assistance with veterans
benefit services are fully informed about the free
services offered by Veteran Service Organizations
before they pay for assistance. After making so many
sacrifices to serve our country, veterans are being
taken advantage ofSB 40 seeks to change this reality
and help connect veterans to the affordable services
they deserve.
2:25:37 PM
CHAIR COSTELLO asked if it was intentional that the legislation
has no effective date.
MR. DUGGAN deferred the question to Director Bowen.
SENATOR STEVENS asked for examples of how veterans are taken
advantage of and if the for-profit providers should be
prohibited altogether.
SENATOR REVAK cited the example of a law firm helping a veteran
with a claim. The firm enters into a contract with the veteran
to file the claim in exchange for a percentage of the benefit.
Sometimes the percentage is high and the veteran does not know
that a VSO offers the same service free of charge. He
acknowledged that some veterans may choose a for-profit
business, but the bill ensures that they know about the no-cost
alternative.
SENATOR STEVENS asked if the for-profit providers fill a
valuable niche.
SENATOR REVAK replied we wouldn't want to do away with the
services provided free of charge to veterans, many of which are
nonprofits working in conjunction with the state through the
Division of Veterans Affairs. He described it as a public-
private partnership.
2:27:56 PM
SENATOR HOLLAND added that many good faith providers are
probably veterans. This bill is to ensure that veterans
understand that there is an alternative to paying for
representation. He acknowledged that it sometimes would be worth
paying for the service if an expert in the field is needed.
SENATOR REVAK related that he received wonderful service from
disabled veteran organizations when he was reintegrating to
become a veteran. However, he has learned about veterans who
were offered services for up to 30 percent of the benefits they
would receive.
CHAIR COSTELLO invited Verdie Bowen to provide information and
state the administration's position on the bill.
2:29:32 PM
VERDIE BOWEN, Administrative Director of Veterans Affairs,
Office of Veterans Affairs, Department of Military & Veterans
Affairs (DMVA), Anchorage, Alaska, said he had not asked the
governor for his position on SB 40 but he thought he would
support it. He related that a number of veterans have forgotten
that they signed paperwork with a law firm in another state and
are very surprised when the benefit they receive is up to 40
percent less than what they expected. The law says that entities
serving at cost are paid before the veteran. He said his office
sees one or two of these veterans a month and the shame is that
they did not know that they could have received the same service
free of charge.
Responding to Senator Stevens' question, Mr. Bowen said private
sector attorneys serve a purpose when a certain expertise is
needed and some serve pro bono for veterans.
SENATOR STEVENS asked if he had any idea of the numbers of
veterans that have been affected.
2:32:21 PM
MR. BOWEN replied the average is probably 50 veterans a year. He
explained that prior to the 2017 Appeals Modernization Act it
was not legal for for-profit law firms to charge veterans for
these services. He said his office is seeing more veterans
caught in this legal loophole every month.
2:33:18 PM
CHAIR COSTELLO opened public testimony on SB 40; after
determining no one wished to testify, she closed public
testimony on SB 40. She noted the letters of support in the bill
packets.
2:33:38 PM
At ease
2:34:02 PM
CHAIR COSTELLO reconvened the meeting and solicited a motion.
2:34:06 PM
SENATOR HOLLAND moved to report SB 40, work order 32-LS0231\A,
from committee with individual recommendations and attached
fiscal note(s).
CHAIR COSTELLO found no objection and SB 40 was reported from
the Senate Labor and Commerce Standing Committee.
2:34:35 PM
There being no further business to come before the committee,
Chair Costello adjourned the Senate Labor and Commerce Standing
Committee meeting at 2:34 p.m.