Legislature(2021 - 2022)BELTZ 105 (TSBldg)
05/13/2021 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB136 | |
| SB119 | |
| SB135 | |
| SB131 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 46 | TELECONFERENCED | |
| *+ | SB 135 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 131 | TELECONFERENCED | |
| += | SB 136 | TELECONFERENCED | |
| += | SB 119 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
May 13, 2021
3:40 p.m.
MEMBERS PRESENT
Senator Shelley Hughes, Chair
Senator Robert Myers, Vice Chair
Senator David Wilson
Senator Elvi Gray-Jackson
MEMBERS ABSENT
Senator Lyman Hoffman
COMMITTEE CALENDAR
SENATE BILL NO. 136
"An Act relating to firearms and other weapons restrictions."
- HEARD & HELD
SENATE BILL NO. 119
"An Act relating to oaths of office; and requiring public
officers to read the state constitution, the Declaration of
Independence, and the United States Constitution."
- MOVED CSSB 119(EDC) OUT OF COMMITTEE
SENATE BILL NO. 135
"An Act establishing September 10 as Alaska Community Health
Aide Appreciation Day."
- MOVED SB 135 OUT OF COMMITTEE
SENATE BILL NO. 131
"An Act relating to the presumption of compensability for a
disability resulting from certain diseases for firefighters."
- MOVED SB 131 OUT OF COMMITTEE
SENATE BILL NO. 46
"An Act relating to the Alaska Police Standards Council;
relating to municipal correctional officers and municipal
correctional employees; making municipal police officers subject
to police standards; establishing a statewide use-of-force
database in the Department of Public Safety; requiring a
municipality that employs a person as a municipal police officer
or in a municipal correctional facility, the Department of
Corrections, or the Department of Public Safety to report for
inclusion in the database incidents of use of force by state and
municipal police, probation, parole, and correctional officers
and municipal correctional facility employees; and providing for
an effective date."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: SB 136
SHORT TITLE: LIMITATIONS ON FIREARMS RESTRICTIONS
SPONSOR(s): SENATOR(s) MYERS
05/05/21 (S) READ THE FIRST TIME - REFERRALS
05/05/21 (S) CRA, STA
05/11/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
05/11/21 (S) -- MEETING CANCELED --
05/13/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
BILL: SB 119
SHORT TITLE: OATH OF OFFICE
SPONSOR(s): SENATOR(s) REINBOLD
04/07/21 (S) READ THE FIRST TIME - REFERRALS
04/07/21 (S) EDC, JUD, STA, FIN
04/23/21 (S) EDC AT 9:00 AM BUTROVICH 205
04/23/21 (S) Heard & Held
04/23/21 (S) MINUTE(EDC)
04/28/21 (S) EDC AT 9:00 AM BUTROVICH 205
04/28/21 (S) Moved CSSB 119(EDC) Out of Committee
04/28/21 (S) MINUTE(EDC)
04/30/21 (S) EDC RPT CS 4DP 1NR SAME TITLE
04/30/21 (S) DP: HOLLAND, HUGHES, STEVENS, MICCICHE
04/30/21 (S) NR: BEGICH
04/30/21 (S) FIN REFERRAL REMOVED
04/30/21 (S) CRA REFERRAL ADDED AFTER EDC
05/11/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
05/11/21 (S) -- MEETING CANCELED --
05/13/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
BILL: SB 135
SHORT TITLE: AK COMMUNITY HEALTH AIDE APPRECIATION DAY
SPONSOR(s): SENATOR(s) KAWASAKI
05/03/21 (S) READ THE FIRST TIME - REFERRALS
05/03/21 (S) CRA, STA
05/13/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
BILL: SB 131
SHORT TITLE: WORKERS' COMP DISABILITY FOR FIREFIGHTERS
SPONSOR(s): SENATOR(s) HOLLAND
04/28/21 (S) READ THE FIRST TIME - REFERRALS
04/28/21 (S) CRA, L&C
05/06/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
05/06/21 (S) Heard & Held
05/06/21 (S) MINUTE(CRA)
05/11/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
05/11/21 (S) -- MEETING CANCELED --
05/13/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
MICHAELLA ANDERSON, Staff
Senator Robert Myers
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided an overview of SB 136.
AOIBHEANN CLINE, Northwest Regional Director
National Rifle Association
Fairfax, Virginia
POSITION STATEMENT: Testified in support of SB 136.
ANNE CAULFIELD
Moms Demand Action for Gun Sense America
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to SB 136.
LUANN MCVEY, Member
Moms Demand Action for Gun Sense America
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to SB 136.
ANN GIFFORD, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to SB 136.
MICHAEL FINDLAY, Director
Government Relations-State Affairs
National Shooting Sports Foundation
Washington, DC
POSITION STATEMENT: Testified in support of SB 136.
CARRIE HANSON, Member
Moms Demand Action for Gun Sense America
Soldotna, Alaska
POSITION STATEMENT: Testified in opposition to SB 136.
HEATHER KOPONEN, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to SB 136.
SENATOR LORA REINBOLD
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 119.
JOE HAYES, Staff
Senator Scott Kawasaki
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 135 on behalf of the sponsor.
TARYN HUGHES
Guardian Flight Alaska
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 135.
JARED SHERMAN Vice President of Operations
Global Medical Response
Palmer, Alaska
POSITION STATEMENT: Testified in support of SB 135.
HEATHER KOPONEN, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 135.
SENATOR ROGER HOLLAND
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 131.
LORI WING-HEIR, Director
Division of Insurance
Department of Commerce, Community and Economic Development
Anchorage, Alaska
POSITION STATEMENT: Answered questions and provided information
related to SB 131.
CHARLES COLLINS, Director
Division of Workers' Compensation
Department of Labor and Workforce Development (DOLWD)
Juneau, Alaska
POSITION STATEMENT: Answered questions and provided information
on SB 131.
ACTION NARRATIVE
3:40:45 PM
CHAIR SHELLEY HUGHES called the Senate Community and Regional
Affairs Standing Committee meeting to order at 3:40 p.m. Present
at the call to order were Senators Wilson, Myers, and Chair
Hughes. Senator Gray-Jackson arrived during the course of the
meeting.
SB 136-LIMITATIONS ON FIREARMS RESTRICTIONS
3:42:21 PM
CHAIR HUGHES announced the consideration of SENATE BILL NO. 136,
"An Act relating to firearms and other weapons restrictions."
3:42:37 PM
SENATOR ROBERT MYERS, speaking as sponsor, stated that SB 136
seeks to clarify what sort of restrictions can and cannot be
imposed during a disaster declaration on the ability to own and
operate firearms. He noted that this issue came up in Anchorage
in the context of essential services. The bill effectively says
that a state agency or municipality may not use a disaster
declaration as the basis for imposing new firearms rules. He
deferred further introduction to his staff, Michaella Anderson.
3:44:30 PM
MICHAELLA ANDERSON, Staff, Senator Robert Myers, Alaska State
Legislature, Juneau, Alaska, reported that seven states mandated
the complete or partial closure of firearms stores or ranges
during the pandemic because they were deemed nonessential. SB
136 seeks to prevent that from happening in Alaska.
She referred to the sponsor statement for SB 136 that read as
follows:
Governors of the United States may declare a state of
emergency in the event of a disaster. These
declarations generally provide expansive police powers
to regulate states during emergency situations to
protect the public health and safety. While these
police powers are usually granted by the state
constitution, state statutes clarify and define the
extent of the emergency authority granted during an
emergency declaration. Thus, state legislatures can
create reasonable regulations to define and establish
the restrictions on constitutional rights that may or
may not be justified in times of emergency.
It is the goal of SB 136 to clarify the extent of the
emergency authority granted during an emergency
declaration in regard to the Second Amendment and to
prevent the unnecessary infringements on the right to
keep and bear arms. SB 136 establishes that
notwithstanding a declaration of a disaster emergency,
neither the state or a municipal agency may not forbid
the possession, use or transfer of a firearm, firearm
accessory, ammunition, or other weapon for personal
use. In addition, SB 136 also establishes that the
closure and limitation of commerce under the police
powers of the governor must be equally applied to all
forms of commerce, and prevents undue restrictions of
businesses associated with firearms and public
shooting range facilities.
It is the duty of the state legislature to clarify the
extent of the emergency authority granting
restrictions on constitutional rights during an
emergency declaration. SB 136 provides clarification
that neither the state or municipal agencies may
unnecessarily infringe upon Alaskan citizens right to
keep and bear arms.
3:45:16 PM
MS. ANDERSON summarized the sectional analysis for SB 136 that
read as follows:
Section 1.
Adds new sections to Article 5 of AS 44.99.
a) Establishes that notwithstanding a disaster
emergency declared under AS 26.23.020, a state
or municipal agency may not impose the
following:
a. Forbid the possession, use, or transfer
of a firearm, a firearm accessory,
ammunition, or other weapon for personal
use.
b. Order the seizure or confiscation of a
firearm, a firearm accessory, ammunition,
or other weapon for personal use.
c. Limit the quantity or place other
restrictions on the sale or service of
firearms, firearm accessories, ammunition,
or other weapons for personal use.
d. Unless the closure or limitation applies
equally to all forms of commerce within
the jurisdiction, close or limit the
operating hours of the following:
i. An entity engaged in the sale or
service of firearms, firearm
accessories, ammunition, or other
weapons for personal use, or
ii. An indoor or outdoor shooting
range.
e. Suspend or revoke a permit to carry a
concealed handgun issued under AS
18.65.700, except as provided in AS
18.65.735 and 18.65.740; or
f. Refuse to accept an application to carry
a concealed handgun, provided the
application contains the information
required under AS 18.65.710.
b) Establishes that this section does not apply to
the possession of a firearm, a firearm
accessory, ammunition, or other weapon by a
person who is prohibited from legally
possessing a firearm, a firearm accessory,
ammunition, or other weapon under state law.
c) Establishes that a person may bring a civil
action in superior court if the person is
adversely affected by a violation of (a) of
this section, and the person is the following:
a. Qualified under state law to possess a
firearm, a firearm accessory, ammunition,
or other weapon; or
b. A membership organization consisting of
two or more individuals eligible under (1)
of this subsection that is dedicated in
whole or in part to the protection of the
rights of persons who possess or use
firearms or other weapons.
d) Notwithstanding AS 09.17.020(f) - (h), a
prevailing plaintiff under (c) of this section
may recover.
a. The greater amount of actual economic
damages or punitive damages in the amount
of three times the plaintiff's attorney
fees.
b. Court costs; and
c. Attorney fees.
e) Defines "State or Municipal Agency" to include
the following: University of Alaska or a
department, institution, board, commission,
division, council, committee, authority, public
corporation, school district, regional
educational attendance area, or other
administrative unit of a municipality or of the
executive, judicial, or legislative branch of
state government, and includes employees of
those entities.
Section 2.
Repeals AS 44.99.500(g)(1) which is the definition of
a firearm accessory.
MS. ANDERSON advised that the definition of a firearm accessory
is in the new Sec. 44.99.595.
3:46:40 PM
CHAIR HUGHES recalled that when the governor issued a mandate
early in the pandemic that closed all but essential businesses,
marijuana shops and alcohol venders were allowed to remain open,
but places that sold firearms had to close. She asked if that
mandate was statewide at least for a while.
3:47:22 PM
SENATOR MYERS offered his understanding that when the state
listed essential businesses, hunting and fishing supply stores
were deemed essential and were allowed to remain open. However,
the definitions were not consistently interpreted in the
implementation. For example, to be classified as a hunting
supply store, a certain square footage of the store had to be
dedicated to firearms and firearms materials such as ammunition.
Stores that sold firearms exclusively were allowed to remain
open but stores such as Cabela's and Sportsman's Warehouse were
ordered to close by the municipality.
SENATOR MYERS said multiple complaints were filed against
multiple stores that did not close and each time the
municipality contacted the store and came to resolution. SB 136
would flip the burden of proof and instead of a store having to
prove to a municipality that it was allowed to stay open, the
municipality would be required to prove to the store that it had
to close. The bill states that a store that sells firearms may
be closed if the closure applies to all forms of commerce in the
jurisdiction. He cited the example of a Sportsman's Warehouse
and a Target located next to each other; they are either both
open or both closed.
3:49:36 PM
CHAIR HUGHES summarized that it was a state mandate that
municipalities interpreted differently. She asked if the
Municipality of Anchorage was the only entity that used the
different interpretation.
SENATOR MYERS replied the Municipality of Anchorage was the only
one his office heard about.
CHAIR HUGHES referenced the language in paragraph (4) on page 1,
lines 13-14 and asked him to confirm that this does not address
essential versus nonessential businesses. It is that closures
would apply uniformly to all commerce in the jurisdiction.
SENATOR MYERS answered that is correct.
CHAIR HUGHES turned to invited testimony.
3:50:47 PM
AOIBHEANN CLINE, Northwest Regional Director, National Rifle
Association (NRA), Fairfax, Virginia, on behalf of the tens of
thousands of NRA members in Alaska, spoke in strong support of
SB 136. She stated the Second Amendment of the U.S. Constitution
and Art. I, Sec. 19 of the Alaska Constitution provide that the
right of the people to keep and bear arms shall not be
infringed. SB 136 aims to protect that right by preventing a
state or municipal agency from limiting these rights based on a
disaster declaration. She said the bill is a response to events
stemming from the COVID-19 pandemic.
MS. CLINE maintained the COVID-19 pandemic negatively affected
Anchorage based businesses under the municipality's "Hunker
Down" Emergency Order EO-03. The issue was centered in Anchorage
during this pandemic, but the NRA believes that without this
legislation any municipality could be next. SB 136 ensures that
firearm related businesses, shooting ranges, and the right to
keep and bear arms are not unjustly singled out for any
political reason. She cited District of Columbia v. Heller, 554
U.S. 570 in which the United States Supreme Court found
mandatory storage locking requirements were unconstitutional
because it rendered firearms impossible to operate in order to
exercise the core Second Amendment right of self-defense.
MS. CLINE described SB 136 as a narrowly tailored solution to
the specific problem of restrictions on firearms under an
emergency declaration and urged support.
3:54:13 PM
CHAIR HUGHES opened public testimony on SB 136.
3:54:27 PM
ANNE CAULFIELD, Volunteer, Moms Demand Action for Gun Sense in
America, Juneau, Alaska, stated that as a mother, grandmother,
and retired school counselor she was deeply concerned that SB
136 would restrict public universities and school districts from
setting firearm policies. It would also prevent local
authorities from intervening to temporarily restrict access to
firearms for a person at risk for suicide or domestic violence.
She relayed that as a school counselor she worked with children
daily who were exposed to domestic violence including the deadly
situations when a firearm was involved. This is a reality for
many children. She said children who witness family members
killed or seriously injured by firearms are affected by this
trauma their entire lives. She emphasized that such tragedy does
not need to happen if law enforcement is able to take a
reasonable approach to temporarily restrict firearms when
someone is in danger of hurting themselves or others.
MS. CAULFIELD offered her belief that Juneau's local officials,
mayors, and police chiefs were best equipped to understand local
crime and how to best address it. She urged the committee to not
take away their ability to keep all citizens safe and instead
ensure that Alaska has safe communities.
3:56:44 PM
LUANN MCVEY, Member, Moms Demand Action for Gun Sense in
America, Douglas, Alaska, echoed the testimony of Anne Caulfield
as a mother, grandmother, and retired teacher. She stated
opposition to SB 136 and pointed out that the state already has
a strong preemption law that keeps local authorities from
overriding the state policy on firearm regulation. She
questioned the reason for narrowing that law and stopping
schools and other entities from protecting against gun violence.
She said young people use alcohol, sometimes to excess, and the
resulting increased aggression and impaired judgement may affect
a decision about whether to use a gun to solve a problem. She
emphasized that guns do not belong on college campuses and state
legislatures should not make colleges less safe by limiting the
ability of a university to set firearms policy.
MS. MCVEY cited the findings of the nonprofit organization
Everytown for Gun Safety, which found that for 20 million
students attending colleges and universities, an average of 10
homicides occur each year. She said having more guns on campus
increases the likelihood of more shootings but is not likely to
prevent mass shootings. She emphasized that SB 136 was not
needed and urged the committee to hold the bill in committee.
3:58:48 PM
ANN GIFFORD, representing self, Juneau, Alaska, stated she was a
retired attorney who had personal experience with some of the
issues SB 136 addresses because of past work with Alaska school
districts and local governments. She described SB 136 as a
poorly thought out bill that would establish bad policy and
create legal chaos. She highlighted that the sponsor said the
bill is to ensure that state and local agencies do not create
new firearm rules during an emergency, but the language in the
bill is much broader. It essentially seeks to prohibit any
municipality, school district, or university or any state or
local agency from regulating the use or possession of a firearm
in any way. She pointed out that this conflicts with several
existing laws. Like other constitutional rights, the right to
bear arms is not unlimited because guns do not belong in some
places. She pointed out that Alaska courts and the U.S. Supreme
Court have long recognized that it is legitimate for governments
to restrict carrying of guns in sensitive places such as schools
and government buildings. She pointed out that emotions can run
high when people talk to the legislature or local assembly and
they can also run high in schools over grades and treatment by
other students. Removing guns from these places helps protect
everyone in these facilities. She further pointed out that the
kinds of places and occasions where guns should not be allowed
can vary so what makes sense in Anchorage may not be appropriate
in Sitka. She expressed hope that the committee would not
approve SB 136 that removes all local control on such an
important topic.
4:00:59 PM
SENATOR GRAY-JACKSON joined the committee meeting.
4:01:45 PM
MICHAEL FINDLAY, Director, Government Relations-State Affairs,
National Shooting Sports Foundation (NSSF), Washington, DC,
stated that NSSF is the trade association for most
manufacturers, retailers, and gun ranges in the nation and he
was speaking in strong support of SB 136. He said that after
listening to the opposition testimony, he believes it is
important to distinguish that SB 136 is about limiting a
governor's ability to deem the firearm industry as nonessential
in a crisis. During the pandemic NSSF saw that for political
reasons some governors decided not to follow the guidance from
the White House. Gun ranges, retailers, and the firearm
manufacturing industry were deemed essential, but these were not
always included in governor declarations.
MR. FINDLAY maintained that SB 136 simply says that a governor
may not treat the Second Amendment as nonessential. Thus people
should be afforded the opportunity to exercise these rights to
protect their families during times of crisis. On behalf of
NSSF, he reiterated strong support for SB 136.
4:03:53 PM
CARRIE HANSON, Volunteer, Moms Demand Action for Gun Sense in
America, Soldotna, Alaska, stated that as a lifelong Alaskan who
has witnessed many instances when guns were not used responsibly
she was testifying to ask the committee to oppose SB 136. She
said too many Alaskans die each year from gun homicide, gun
suicide, or unintentional shootings. She pointed out that the
state has the highest rate of gun deaths in the country and that
over 66 percent of the gun deaths in the state are by suicide.
This is more than double the national average. She further
pointed out that guns are the leading cause of death for Alaskan
children and teens and that 2010 to 2019 the rate of gun deaths
in Alaska increased more than 19 percent.
MS. HANSON said it is clear that the gun crisis in Alaska is
getting worse and the legislature should respond with reasonable
steps to lower the rate of gun deaths. However, a blanket
preemption is not necessary because there is already a law that
governs the municipal regulation of firearms. She cited an
instance in Soldotna two years ago when a man unintentionally
discharged his weapon while in a coffee shop and hit his wife.
She emphasized that guns do not belong in every public place and
note that states that have allowed guns on college campuses now
struggle with the safety and economic consequences. She said the
fact that insurance companies view guns on campus as a huge
liability helps explain why they are not a good idea. She
highlighted that a guns on campus bill in West Virginia was
estimated to cost $11 million to implement, and asked the
committee to refrain from passing SB 136 from committee.
4:06:33 PM
HEATHER KOPONEN, representing self, Fairbanks, Alaska, stated
appreciation for the testimony opposing SB 136 from Caulfield,
McVey, Gifford, and Hanson and offered her belief that it should
be weighted more heavily than testimony from Cline with the
National Rifle Association and Findlay with the National
Shooting Sports Foundation because they profit financially from
passage of the legislation. She refuted the claim that firearm
stores are essential business. While it may be essential for
somebody who is hunting to be able to buy ammunition, she said
it is not essential to make money from weapons that cause severe
injury and death. She said the bill is more about broadening the
strength of gun lobbyists and her belief is that their
interpretation of Second Amendment rights in the context of SB
136 is dubious. She urged the committee not to hold the bill.
4:08:50 PM
CHAIR HUGHES closed public testimony on SB 136. She encouraged
any interested party to send written testimony to
[email protected].
CHAIR HUGHES held SB 136 in committee.
SB 119-OATH OF OFFICE
4:09:27 PM
CHAIR HUGHES announced the consideration of SENATE BILL NO. 119
"An Act relating to oaths of office; and requiring public
officers to read the state constitution, the Declaration of
Independence, and the United States Constitution."
[CSSB 119(EDC) was before the committee.]
4:09:40 PM
At ease
4:10:11 PM
CHAIR HUGHES reconvened the meeting and asked the sponsor to
introduce the bill.
4:10:17 PM
SENATOR LORA REINBOLD, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 119, stated the purpose of the bill is to ensure
the founding documents of this country are not taken for
granted. It requires Alaskans who are statutorily or
constitutionally required to take an oath of office in the state
to sign a statement that they have read the Declaration of
Independence, the U.S. Constitution, and the Constitution of the
State of Alaska. These sworn statements would be filed with the
municipal clerk in the appropriate jurisdiction.
She suggested Senator Hughes may want to discuss the change made
in the Education Committee.
4:11:36 PM
CHAIR HUGHES explained that school boards were initially
included and the previous committee determined that other
municipal officials should be included. For that reason the bill
picked up a referral to this committee.
4:12:02 PM
CHAIR HUGHES opened public testimony on SB 119; finding none,
she closed public testimony. She advised that written testimony
would be accepted at [email protected].
4:12:35 PM
SENATOR MYERS asked if she believes people are not reading and
paying attention to these foundational documents or if it is a
matter of differing interpretations.
SENATOR REINBOLD offered her belief that all students should
read the Declaration of Independence in order to understand all
the grievances in the early days of this country. She opined
that understanding the grievances provides a greater
appreciation for civil liberties and the Bill of Rights. At the
very least, it is a good refresher, she said.
4:13:55 PM
CHAIR HUGHES solicited the will of the committee.
4:14:02 PM
SENATOR MYERS moved to report SB 119, work order 32-LS0163\G,
from committee with individual recommendations and attached
fiscal note(s).
4:14:18 PM
SENATOR WILSON objected to ask if the intent was for the
relevant individuals to read the constitution with all the
amendments or just the original constitution.
4:14:44 PM
SENATOR REINBOLD replied the intent is for the individuals to
read the entire U.S. Constitution, the Declaration of
Independence, and the Constitution of the State of Alaska. She
noted that the statutes for the different officials were written
at different times and SB 119 conforms the platform.
CHAIR HUGHES offered her understanding that the common
definition of the state and U.S. constitutions includes the
amendments. In response to Senator Myers' question, she surmised
that some people do not read these documents but they will if
they have to sign that they did so. She noted that the next
committee of referral was the Judiciary Committee.
4:15:51 PM
SENATOR WILSON removed his objection.
4:15:53 PM
CHAIR HUGHES found no further objection and CSSB 119(EDC) was
reported from the Senate Community and Regional Affairs Standing
Committee.
4:16:01 PM
At ease
SB 135-AK COMMUNITY HEALTH AIDE APPRECIATION DAY
4:18:11 PM
CHAIR HUGHES reconvened the meeting and announced the
consideration of SENATE BILL NO. 135 "An Act establishing
September 10 as Alaska Community Health Aide Appreciation Day."
4:18:31 PM
JOE HAYES, Staff, Senator Scott Kawasaki, Alaska State
Legislature, Juneau, Alaska, presented SB 135 on behalf of the
sponsor. He read the following sponsor statement into the
record:
"An Act establishing September 10 as Alaska Community
Health Aide Appreciation Day."
Senate Bill 135 aims to recognize and honor the
exemplary work of Community Health Aides by
proclaiming September 10 as Alaska Community Health
Aide Appreciation Day. This date was chosen to
commemorate the first Planning and Advisory Committee
meeting for Health Aide Programs in Alaska, which took
place on September 10, 1973.
The work of the Community Health Aide is tireless. In
the communities they serve, they act as round-the-
clock first responders, clinicians, travel
coordinators, hospitalists, tribal liaisons, and are
often role models within their home regions. Since
before statehood, Health Aides have organized and
played an integral role in maintaining tribal health
and community safety. They are often related to or
close to their patients and bring to their positions
an abiding respect for traditional knowledge and
culture.
Recently, Community Health Aides have been on the
front lines of the fight against COVID-19 in rural
Alaska and have been key to ensuring the success of
vaccination efforts in remote communities that lack
advanced healthcare services. It is more important
than ever that we acknowledge our Community Health
Aides for their broad scope of practice and selfless
contributions to their communities, regions, and the
state. For these reasons, I urge the passage of Senate
Bill 135.
4:21:04 PM
MR. HAYES reviewed the evolution of the CHA Program outlined on
slide 3. He said the Alaska Health Aid Program dates to before
statehood when trained local Alaskans helped fight a
tuberculosis outbreak. The Alaska Native Health Service started
formal CHA training efforts in the 1960s and the program
received federal recognition and congressional funding in 1968.
The first planning and advisory committee meeting for health
aide programs in Alaska was held on September 10, 1973. He noted
the date for the Community Health Aide Appreciation Day was
chosen to commemorate this historic event. Later in the 1970s,
Congress approved funding for additional CHA positions. The
federal government created the Community Health Aide Program
Certification Board in 1998 and charged it with formalizing the
process for maintaining community health aides and training
centers. The program expanded between 2001 and 2009 to include
dental and behavioral health aides.
4:21:42 PM
MR. HAYES stated the Alaska Tribal Health System (ATHS) is made
up of about 37 tribal health organizations that have signed
agreements to manage the health care facility under the Alaska
Area Native Health Service of the Indian Health Service.
Community health aides work within this system. They function as
part of a regional team to assess and provide emergent, acute,
and chronic medical care in remote Alaska communities. The
community selects its provider who then attends four training
sessions each of which lasts three to four weeks. The training
centers are located in Anchorage, Nome, Bethel, and Fairbanks.
The 550 health aide practitioners in more than 170 communities
form the backbone of the health care system in rural Alaska,
incorporating local and traditional knowledge into their care.
4:24:10 PM
MR. HAYES displayed the Alaska map on slide 7 to illustrate the
size and scope of the "Hub & Spoke" referral pattern for health
care. This model is designed to keep health care close to home.
Each spoke radiates to individual communities and clinics from a
regional hub that has hospital services, multi-level
practitioners, and physicians. Throughout the COVID-19 pandemic
CHAs worked tirelessly and at great risk to keep their
communities safe and to ensure the successful distribution of
the vaccine throughout Alaska.
MR. HAYES named the individuals the sponsor had invited to
testify.
4:26:24 PM
CHAIR HUGHES shared that her husband appreciated the community
health aide model. Early in his career he worked through the
Yukon-Kuskokwim Health Corporation supervising health aides in
50 villages and providing patient care when he visited clinics.
She asked if Alaska was still the only state that has community
health aides.
MR. HAYES answered he would do follow up research but as far as
he knows, Alaska is the only state that uses the CHA model.
CHAIR HUGHES offered her understanding that Alaska was
pioneering the well-deserved community health aide appreciation
day.
She announced invited testimony on SB 135.
4:28:14 PM
TARYN HUGHES, Guardian Flight Alaska, Fairbanks, Alaska, stated
she learned that community health aides are a vital resource to
Alaska's health care system when she lived and worked in the Tok
region for about 10 years. Their scope of work is both physical
and emotional. For example, a health aide performed CPR on a
patient for four hours waiting for weather conditions to improve
so the medivac plane could land safely. The patient happened to
be her great uncle. She highlighted that the community health
aide model, which was pioneered in Alaska, is moving to a
national platform. She confirmed the Chair's observation that
this would be the first state-sanctioned community health aide
appreciation day in the nation. She noted some Alaska health
aides and trainers currently serve on a national board. She
expressed hope that in addition to the national nurse's week and
the national EMS week, that there would someday be a national
health aide week. She concluded that passing SB 135 sends a
clear message to community health aides that their role in
ensuring the health and safety of their communities is as
important as the nurses and paramedics they work alongside.
4:30:33 PM
CHAIR HUGHES mentioned the national movement and asked if states
other than Alaska were allowing health aides to work in medical
settings.
MS. HUGHES answered yes; her understanding is that the national
board is working with tribal health organizations to implement a
model of health aide training that is similar or the same as
Alaska's.
4:31:24 PM
JARED SHERMAN Vice President of Operations, Global Medical
Response, Palmer, Alaska, stated GMR is the parent company of
Guardian Flight Alaska. He shared his experience traveling to
villages in the Yukon-Kuskokwim area as a boy and later for
work. During these visits he would walk through the clinics but
he never appreciated what a vital link they were to the health
care system. It was not until he joined the medivac industry
about 10 years ago that he began to recognize that health care
is local and health aides are a key piece of the system.
MR. SHERMAN said health aides reported going into people's homes
earlier this year instead of seeing them in the clinics in an
effort to keep the clinics COVID-19 free and to reduce exposure
to the rest of the community. This is just one illustration of
their commitment. He stated support for health aides in Alaska;
every medivac Guardian completes out of Alaskan villages starts
with the health aide. They are a key piece and their work is
vital. He stated support for SB 135.
CHAIR HUGHES asked Mr. Hayes if community health aides
administered the vaccine during the pandemic.
4:33:07 PM
MR. HAYES answered yes.
CHAIR HUGHES clarified for the record that while the sponsor
statement mentioned that health aides serve as hospitalists,
that term refers to physicians who work in hospitals.
4:34:53 PM
CHAIR HUGHES opened public testimony on SB 135.
4:35:15 PM
HEATHER KOPONEN, representing self, Fairbanks, Alaska, described
community health aides as heroes who save lives, heal, and offer
comfort. She shared that she is a physician's assistant who
trained CHAs and EMTs but she is most proud of her work as a
community health aid. She said most health aides offer the
highest level of medical care available in their community and
do all aspects of care from reception to exam, laboratory,
diagnosis, dispensing appropriate patient education,
vaccinations, dispensing medications in consultation with
physicians and mid-level practitioners, sutures, adaptive
equipment and splints, providing IVs, EKGs, defibrillation,
oxygenation and other forms of stabilization. They can be in the
clinic for hours in preparation for emergency transport to
hospitals. She said health aides, many of whom are community
health practitioners, are on call 24 hours a day, seven days a
week, often for weeks or months on end without respite.
MS. KOPONEN reported community health aides live in the
communities they serve and are held to high moral and medical
standards. It can be a difficult job and require sacrifices. She
reiterated CHAs are heroes and establishing the Alaska Community
Health Aide Appreciation Day is appropriate.
4:38:15 PM
CHAIR HUGHES closed public testimony on SB 135 and advised that
written testimony could be sent to [email protected]. Finding no
questions or comments, she asked the will of the committee.
4:38:33 PM
SENATOR MYERS moved to report SB 135, work order 32-LS0898\A,
from committee with individual recommendations and attached
fiscal note(s).
4:38:51 PM
CHAIR HUGHES found no objection and SB 135 was reported from the
Senate Community and Regional Affairs Standing Committee.
4:39:00 PM
At ease
SB 131-WORKERS' COMP DISABILITY FOR FIREFIGHTERS
4:41:37 PM
CHAIR HUGHES reconvened the meeting and announced the
consideration of SENATE BILL NO. 131, "An Act relating to the
presumption of compensability for a disability resulting from
certain diseases for firefighters."
She noted who was available to answer questions and asked the
sponsor if he had any comments.
4:42:14 PM
SENATOR ROGER HOLLAND, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 131, stated that being a firefighter is an
inherently dangerous career. He reported that between 2002 and
2019, 66 percent of the line-of-duty deaths were attributed to
some form of cancer. SB 131 seeks to add breast cancer to the
statutory list of presumptive causes of disease for
firefighters. The disease is not gender specific; male
firefighters are 7.5 times more likely to die of breast cancer
than a male who does not work as a firefighter. He acknowledged
that this would not resolve all the issues with the presumptive
coverage laws for firefighters, but said it is a good start.
4:43:46 PM
CHAIR HUGHES asked if he had had read the letter of opposition
from the Alaska Municipal League Insurance Joint Insurance
Association.
4:44:15 PM
SENATOR HOLLAND answered no.
CHAIR HUGHES summarized that APEI said the bill could increase
the cost to municipalities and that regular health insurance
provides coverage. She offered her understanding that the bill
was not expected to result in increased costs and suggested Ms.
Wing-Heier clarify the record.
4:44:39 PM
SENATOR HOLLAND explained that workers' compensation insurance
covers the nine presumptive causes of disease for firefighters
as well as other work-related hazards. He relayed his
understanding that if there were an increase, it would be
minimal.
4:45:19 PM
CHAIR HUGHES asked him to speak to the point in the letter that
the bill removes the burden of proof.
SENATOR HOLLAND replied Chief Benningfield spoke to the fact
that the burden of proof is a high bar. Firefighters are
required to have an initial physical examination and annual
examinations for seven years thereafter all of which must show
no sign of breast cancer. SB 131 does not address any of that;
it simply adds breast cancer to the list of nine presumptive
causes he said.
4:46:33 PM
SENATOR GRAY-JACKSON thanked the sponsor for the bill and said
she found it troubling that Kevin Smith stated the following:
We urge you not to impede this progress with another
generous benefit to firefighters for a largely
hereditary disease.
CHAIR HUGHES asked MS. Wing-Heier to comment on the statement
that SB 131 will increase costs for municipalities. She said
that was not her understanding, based on testimony during the
previous hearing.
4:47:42 PM
LORI WING-HEIR, Director, Division of Insurance, Department of
Commerce, Community and Economic Development (DCCED), Anchorage,
Alaska, confirmed that adding breast cancer to the presumptive
list was not expected to increase costs to municipalities. She
acknowledged that it was a possibility if the incidence of
breast cancer increased exponentially but the data has not shown
there would be an increase. Further, when different types of
cancer were added previously, the division did not see that many
cases. She referenced an email from Director Collins that said
there has only been one case of breast cancer in the last
several years. She noted that rates overall have come down the
last four years.
CHAIR HUGHES asked Mr. Collins if he expects SB 131 to increase
costs for municipalities.
4:48:59 PM
CHARLES COLLINS, Director, Division of Workers' Compensation,
Department of Labor and Workforce Development (DOLWD), Juneau,
Alaska, agreed with Director Wing-Heier and highlighted that a
research brief from the National Council on Compensation
Insurance (NCCI) found no effect on rates when breast cancer was
included as a presumption. He noted that since 2016, the
division has accepted five instances of cancer as workers'
compensation injuries. He offered his belief that SB 131 was the
right thing to do at the right time.
4:51:11 PM
SENATOR HOLLAND stated a firefighter who meets the requirements
should have coverage.
CHAIR HUGHES suggested he communicate with the Alaska Municipal
League Joint Insurance Association to relay Ms. Wing-Heier and
Mr. Collin's testimony that the bill is not expected to increase
costs to municipalities. Their letter assumes there will be an
increase.
4:52:05 PM
CHAIR HUGHES opened public testimony on SB 131; finding none,
she closed public testimony. She advised written testimony could
be sent to [email protected].
CHAIR HUGHES asked the will of the committee.
4:52:41 PM
SENATOR MYERS moved to report SB 131, work order 32-LS0598\A,
from committee with individual recommendations and attached
fiscal note(s).
4:52:55 PM
CHAIR HUGHES found no objection and SB 131 was reported from the
Senate Community and Regional Affairs Standing Committee.
4:53:25 PM
There being no further business to come before the committee,
Chair Hughes adjourned the Senate Community and Regional Affairs
Standing Committee meeting at 4:53 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 135 v. A Sponsor Statemnet 5.13.21.pdf |
SCRA 5/13/2021 3:30:00 PM |
SB 135 |
| SB 135 v. A Legislation.PDF |
SCRA 5/13/2021 3:30:00 PM |
SB 135 |
| SB 135- Presentation 5.13.21.pdf |
SCRA 5/13/2021 3:30:00 PM |
SB 135 |
| SB 135 Fiscal Note DOA-SSOA 5.7.21.pdf |
SCRA 5/13/2021 3:30:00 PM |
SB 135 |
| SB 119 v. G Sectional Analysis.pdf |
SCRA 5/11/2021 3:30:00 PM SCRA 5/13/2021 3:30:00 PM |
SB 119 |
| SB 119 v. G Legislation.PDF |
SCRA 5/11/2021 3:30:00 PM SCRA 5/13/2021 3:30:00 PM |
SB 119 |
| SB 119 Sponsor Statement.pdf |
SCRA 5/11/2021 3:30:00 PM SCRA 5/13/2021 3:30:00 PM |
SB 119 |
| SB 119 Zero Fiscal Note.pdf |
SCRA 5/11/2021 3:30:00 PM SCRA 5/13/2021 3:30:00 PM |
SB 119 |
| SB 136 v. A Legislation.PDF |
SCRA 5/11/2021 3:30:00 PM SCRA 5/13/2021 3:30:00 PM |
SB 136 |
| SB 136 Fiscal Note LAW-CRIM-CJL.pdf |
SCRA 5/11/2021 3:30:00 PM SCRA 5/13/2021 3:30:00 PM |
SB 136 |
| SB 136 Research Document-COVID-19 Emergency Restrictions on Firearms.pdf |
SCRA 5/11/2021 3:30:00 PM SCRA 5/13/2021 3:30:00 PM |
SB 136 |
| SB 136 v. A Sectional Analysis.pdf |
SCRA 5/11/2021 3:30:00 PM SCRA 5/13/2021 3:30:00 PM |
SB 136 |
| SB 136 Presentation.pdf |
SCRA 5/11/2021 3:30:00 PM SCRA 5/13/2021 3:30:00 PM |
SB 136 |
| SB 136 v. A Sponsor Statement.pdf |
SCRA 5/11/2021 3:30:00 PM SCRA 5/13/2021 3:30:00 PM |
SB 136 |
| SB 136 Support Letter-Alaska Outdoor Council 5.6.21.pdf |
SCRA 5/11/2021 3:30:00 PM SCRA 5/13/2021 3:30:00 PM |
SB 136 |
| SB 136 Support Letter- NRA 5.11.21.pdf |
SCRA 5/13/2021 3:30:00 PM |
SB 136 |
| SB 136 Public Support Letters 5.12.2021.pdf |
SCRA 5/13/2021 3:30:00 PM |
SB 136 |
| SB 131 Letter of Opposition- Alaska Municipal League Joint Insurance Association.pdf |
SCRA 5/13/2021 3:30:00 PM |
SB 131 |
| SB 131 Letter of Opposition- APEI.pdf |
SCRA 5/13/2021 3:30:00 PM |
SB 131 |
| SB 136 Letter of Opposition- Everytown for Gun Safety.pdf |
SCRA 5/13/2021 3:30:00 PM |
SB 136 |