03/16/2023 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB61 | |
| HB17 | |
| HB78 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 61 | TELECONFERENCED | |
| + | HB 17 | TELECONFERENCED | |
| += | HB 78 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
March 16, 2023
8:02 a.m.
DRAFT
MEMBERS PRESENT
Representative CJ McCormick, Chair
Representative Kevin McCabe, Vice Chair
Representative Tom McKay
Representative Josiah Patkotak
Representative Justin Ruffridge
Representative Rebecca Himschoot
Representative Donna Mears
MEMBERS ABSENT
All members present
OTHER LEGISLATORS PRESENT
Representative George Rauscher
COMMITTEE CALENDAR
HOUSE BILL NO. 61
"An Act relating to restrictions on firearms and other weapons."
- HEARD & HELD
HOUSE BILL NO. 17
"An Act relating to insurance coverage for contraceptives and
related services; relating to medical assistance coverage for
contraceptives and related services; and providing for an
effective date."
- HEARD & HELD
HOUSE BILL NO. 78
"An Act establishing September 10 as Alaska Community Health
Aide Appreciation Day."
- MOVED HB 78 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 61
SHORT TITLE: LIMITATIONS ON FIREARMS RESTRICTIONS
SPONSOR(s): REPRESENTATIVE(s) TILTON
02/06/23 (H) READ THE FIRST TIME - REFERRALS
02/06/23 (H) CRA, STA
03/16/23 (H) CRA AT 8:00 AM BARNES 124
BILL: HB 17
SHORT TITLE: CONTRACEPTIVES COVERAGE:INSURE;MED ASSIST
SPONSOR(s): REPRESENTATIVE(s) CARRICK
01/19/23 (H) PREFILE RELEASED 1/9/23
01/19/23 (H) READ THE FIRST TIME - REFERRALS
01/19/23 (H) HSS, CRA, L&C, FIN
02/07/23 (H) HSS AT 3:00 PM DAVIS 106
02/07/23 (H) Heard & Held
02/07/23 (H) MINUTE(HSS)
02/18/23 (H) HSS AT 3:00 PM DAVIS 106
02/18/23 (H) -- MEETING CANCELED --
03/02/23 (H) HSS AT 3:00 PM DAVIS 106
03/02/23 (H) Moved CSHB 17(HSS) Out of Committee
03/02/23 (H) MINUTE(HSS)
03/07/23 (H) HSS AT 3:00 PM DAVIS 106
03/07/23 (H) Moved CSHB 17(HSS) Out of Committee
03/07/23 (H) MINUTE(HSS)
03/08/23 (H) HSS RPT CS(HSS) 3DP 2NR
03/08/23 (H) DP: RUFFRIDGE, SUMNER, MINA
03/08/23 (H) NR: SADDLER, PRAX
03/16/23 (H) CRA AT 8:00 AM BARNES 124
BILL: HB 78
SHORT TITLE: AK COMMUNITY HEALTH AIDE APPRECIATION DAY
SPONSOR(s): REPRESENTATIVE(s) MCCORMICK
02/20/23 (H) READ THE FIRST TIME - REFERRALS
02/20/23 (H) CRA
03/14/23 (H) CRA AT 8:00 AM BARNES 124
03/14/23 (H) Heard & Held
03/14/23 (H) MINUTE(CRA)
03/16/23 (H) CRA AT 8:00 AM BARNES 124
WITNESS REGISTER
REPRESENTATIVE CATHY TILTON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented HB 61.
STEVE ST. CLAIR, Staff
Representative Cathy Tilton
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Gave the sectional analysis for HB 61 on
behalf of Representative Cathy Tilton, prime sponsor.
AOIBHEANN CLINE, Northwest Regional Director
National Rifle Association
Fairfax, Virginia
POSITION STATEMENT: Testified in support of HB 61.
REPRESENTATIVE ASHLEY CARRICK
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented HB 17.
CHERIE BOWMAN, Staff
Representative Ashley Carrick
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Gave the sectional analysis for HB 17 on
behalf of Representative Ashley Carrick, prime sponsor.
LORI WING-HEIER, Director
Division of Insurance
State of Alaska
Anchorage, Alaska
POSITION STATEMENT: Joined via teleconference to provide
answers on HB 17.
CALLAN CHYTHLOOK-SIFSOF, Staff
Representative CJ McCormick
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Revisited HB 78 on behalf of Representative
CJ McCormick, prime sponsor.
NANCY BALE, School Nurse
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 78.
ACTION NARRATIVE
8:02:42 AM
CHAIR CJ MCCORMICK called the House Community and Regional
Affairs Standing Committee meeting to order at 8:02 a.m.
Representatives McKay, Ruffridge, Himschoot, McCabe, and
McCormick were present at the call to order. Representatives
Patkotak, and Mears arrived as the meeting was in progress.
HB 61-LIMITATIONS ON FIREARMS RESTRICTIONS
8:04:11 AM
CHAIR MCCORMICK announced that the first order of business would
be HOUSE BILL NO. 61, "An Act relating to restrictions on
firearms and other weapons."
8:04:55 AM
The committee took an at-ease from 8:04 a.m. to 8:05 a.m.
8:05:20 AM
REPRESENTATIVE CATHY TILTON, Alaska State Legislature, as prime
sponsor, explained HB 61 is something that addresses events
during the time of the COVID-19 pandemic where orders were made
by governors and mayors to shut down stores that sold firearms
and ammunition ("ammo") She said HB 61 reaffirms the Second
Amendment by stipulating that the state and municipalities may
not implement new restrictions to access firearms, ammunition,
firearms accessories, or shooting ranges resulting from disaster
declarations. She turned the presentation over to her staff,
Mr. St. Clair.
8:07:17 AM
STEVE ST. CLAIR, Staff, Representative Cathy Tilton, Alaska
State Legislature, on behalf of Representative Tilton, prime
sponsor, gave the sectional analysis for HB 61
Section 1 Prohibits the State, municipalities, and
other instrumentalities from restricting the following
under a disaster declaration:
1. Possession, use or transfer of a firearm,
firearm accessory, or ammunition;
2. Ordering the seizure of the above-referenced
items; 3. Limiting the quantity or other
restrictions on the sales and services of those
items;
4. Closing or limiting the hours of operation for
retail establishments that sell and service those
items unless the closure or limitation applies to
all other forms of commerce within the
jurisdiction;
5. Closing or limiting the hours of operation for
shooting ranges;
6. Suspending or revoking a concealed carry
permit outside of current statutory provisions;
7. Refusing to accept an application for a
concealed carry permit;
8. Provides for civil action as relief for a
violation of the above-referenced prohibitions;
9. Provides definitions for "firearm" and
"firearm accessory";
Section 2 Repeals a previous definition of
"firearm accessory" found under the Alaska
Firearms Freedom Act.
MR. ST. CLAIR emphasized item 4 by stating that this is about
equity and commerce; if a disaster declaration states everything
is to be closed down, then gun stores would close too.
8:10:16 AM
MR. ST. CLAIR continued presenting HB 61 with an accompanying
PowerPoint, titled "HB 61 An Act Relating To The Restriction Of
Firearms And Other Weapons,." [hard copy included in the
committee packet]. He moved to the second slide and explained
HB 61 is critical to the Alaska way of life, including
subsistence, protection, and the constitution. He noted this
will be elaborated more throughout the presentation. He
proceeded to the third slide, titled "Firearm Restrictions
Impact on Subsistence." The slide highlights the definition of
subsistence and points out Alaska's rural communities that rely
heavily on "wild foods." He continued to the fourth slide,
which highlight firearm restrictions' impact on protection, and
he brought up examples of gun protection during animal attacks.
He continued on the fifth slide, titled "Firearm Restrictions
and Constitution," which read as follows [original punctuation
provided]:
• In January 2022 a federal appeals court ruled that
two California counties that shut down gun stores as
nonessential businesses in 2020 due to the coronavirus
pandemic, violated the Constitution's Second
Amendment.
• The Second Amendment to the U.S. Constitution
guarantees "the right of the people to keep and bear
arms." In 2008, the U.S. Supreme Court ruled in
District of Columbia v. Heller that this is an
individual right, not requiring participation in a
militia.
• In 2010, the high court ruled in McDonald v. Chicago
that the right to keep and bear arms is a fundamental
right that also applies to the states through the
Fourteenth Amendment, which bars any state from
denying liberty to any person without due process of
law.
8:14:16 AM
MR. ST. CLAIR moved to the sixth slide, titled "Nationwide
Action on Firearm Restrictions," which featured four states that
adopted similar legislation in 2021: South Dakota, Georgia, West
Virginia, and North Dakota. He continued to the seventh and
final slide, "Conclusion," which read as follows[original
punctuation provided]:
• Firearms, firearm accessories, and ammunition are a
part of the Alaskan culture and way of life.
Firearms facilitate feeding families and food
security.
• Firearms allow Alaskan's and visitors to safely
explore our beautiful state.
• The Second Amendment grants citizens the right to
bear arms.
• Bi Partisan support (SB 136 / HB 179, 2022)
8:15:47 AM
CHAIR MCCORMICK thanked the presenters for spotlighting the
importance of subsistence hunting in Alaska communities.
8:16:00 AM
REPRESENTATIVE MCCABE commented that gun stores do not only sell
guns but many items that are essential for subsistence. He does
not see this as so much of a Second Amendment gun issue, but as
essential and critical to Alaska, and a free market economy.
REPRESENTATIVE TILTON reiterated the bill does not create any
new law or change laws already here for protection, but it does
allow that - in something like the COVID-19 pandemic - there is
equity, and the stores would remain open.
8:18:53 AM
REPRESENTATIVE HIMSCHOOT asked for clarity if this is to add
firearms to the list of essential businesses.
MR. ST. CLAIR responded no; this is about equity.
REPRESENTATIVE HIMSCHOOT asked what the difference is between
equity and equality.
MR. ST. CLAIR stated he believed the words at their core are the
same thing.
8:21:33 AM
REPRESENTATIVE MEARS commented on the number of emails she had
received on the bill from both sides. She pointed out that a
lot of the protections already exist.
REPRESENTATIVE TILTON explained the bill ensures that firearm
stores remain open as essential, being that [the use of
firearms] is "such a way of life" in Alaska.
8:23:06 AM
REPRESENTATIVE RUFFRIDGE echoed Representative Mears' comment on
the number of emails received, and he said he strongly agrees
with keeping stores open and having that equity or equality for
each individual store owner. He also asked for clarity on
carrying weapons.
MR. ST. CLAIR reiterated that what this legislation does is
reinforces a person's ability to carry where one is authorized
to carry currently. It does not restrict carrying.
8:27:49 AM
REPRESENTATIVE MCCABE commented on Mayor Nagin, former mayor of
New Orleans and how he limited and confiscated firearms after
Hurricane Katrina. He confirmed this was a concern in comments
he received regarding the bill in that during a crisis you could
not rely on police protection only.
MR. ST. CLAIR replied in reference to Mayor Nagin in New Orleans
that what occurred there was found to be unconstitutional. If a
person is legally authorized to carry, that weapon cannot be
confiscated unless the individual has lost their ability to
carry due to certain circumstances.
REPRESENTATIVE MCCABE stated that an armed society with the
ability to protect itself is generally "polite."
MR. ST. CLAIR agreed with Representative McCabe.
8:30:26 AM
REPRESENTATIVE MCKAY asked how long the lockdown lasted by
former Anchorage Mayor Berkowitz. He commented on not being
able to buy shells/ammunition.
MR. ST. CLAIR replied the lockdown lasted 10 days.
REPRESENTATIVE MCKAY commented it does not matter if the
lockdown and store closure was 10 minutes or 10 days, and noted
he is a proud sponsor of HB 61.
8:31:33 AM
CHAIR MCCORMICK welcomed invited testimony.
8:31:52 AM
AOIBHEANN CLINE, Northwest Regional Director, National Rifle
Association (NRA), began her testimony, she stated, on behalf of
the tens of thousands of NRA members in Alaska in support of HB
61. The bill protects Alaska citizens' constitutional rights to
keep and bear arms from government infringement under the
declaration of an emergency disaster. The bill provides an
effective approach to balance economic rights and local control.
8:35:47 AM
REPRESENTATIVE MCCABE brought up item four on the sectional
analysis, that gun stores do not want to be singled out; they
want equity in their treatment with other businesses. He
pointed out an unnamed gun rights activist group that is in
opposition to HB 61 because of that item, and he asked for
confirmation that the NRA is in support of HB 61 because it is a
"holistic" bill; it does not single out or give preferential
treatment to gun stores.
MS. CLINE replied that is correct. The bill stresses that the
firearms industry cannot be singled out from other forms of
commerce.
8:37:53 AM
REPRESENTATIVE RUFFRIDGE commented on page 1 line 8, about
forbidding the possession or use or transfer of firearms. He
asked Ms. Cline in her testimony if she could speak more on
prohibiting during a disaster.
8:38:34 AM
MS. CLINE explained that the bill does not change current state
law, it just states that in an emergency you cannot add new
"colors of control" and change where you can and cannot carry.
8:40:36 AM
REPRESENTATIVE HIMSCHOOT referenced the COVID-19 shutdown in
Anchorage and asked for clarity on whether gun sale facilities
should be added to the list of essentials.
MR. ST. CLAIR replied there should not be a list - it is all or
nothing.
8:42:23 AM
CHAIR MCCORMICK announced future public testimony and amendment
deadlines for HB 61 [HB 61 was held over.]
8:42:51 AM
The committee took an at-ease from 8:42 a.m. to 8:46 a.m.
HB 17-CONTRACEPTIVES COVERAGE:INSURE;MED ASSIST
8:46:55 AM
CHAIR MCCORMICK announced that the next order of business would
be HOUSE BILL NO. 17, "An Act relating to insurance coverage for
contraceptives and related services; relating to medical
assistance coverage for contraceptives and related services; and
providing for an effective date." [Before the committee was CSHB
17 (HSS).]
8:47:12 AM
REPRESENTATIVE ASHLEY CARRICK, Alaska State Legislature, as
prime sponsor, presented CSHB 17 (HSS). She synopsized the bill
as per the sponsor statement, which read as follows [original
punctuation provided]:
Women in Alaska, especially rural Alaskans, face many
obstacles in accessing reproductive health care and
prescription contraceptives for a variety of reasons.
Travel limitations can create barriers regarding
consistent access to reproductive health care.
Additionally, a significant number of women in Alaska
work on fishing boats or on the North Slope, limiting
access to reproductive health care and prescription
contraceptives. Busy work schedules and family life
can also be problematic in traveling to healthcare
facilities or pharmacies necessary for providing these
services.
House Bill 17 mandates coverage by healthcare
insurers, including Medicaid, for prescription
contraceptives and related medical services, allowing
up to a 12-month supply of prescription
contraceptives. This bill is an important step in
preventing unintended pregnancies by eliminating
barriers associated with cost and availability.
Studies show that providing a one-year supply of
prescription contraceptives, including long-acting
reversible contraceptives (LARCs), reduces unintended
pregnancies by 30%. It also increases family planning
options while reducing costs related to unintended
pregnancies such as pregnancy tests, follow-up visits
and other associated long-term costs.
Furthermore, it empowers victims of domestic or
interpersonal violence whose abusers control access to
contraceptives. It reduces the number of abortions
performed. Women also use birth control to alleviate
symptoms from certain medical conditions such as
endometriosis and acne. With greater access and
increased options to reproductive health care, Alaskan
women will have the necessary support to improve
family planning while decreasing health care costs.
REPRESENTATIVE CARRICK also noted there are zero fiscal notes
attached to the bill.
8:51:59 AM
CHERIE BOWMAN, Staff, Representative Ashley Carrick, Alaska
State Legislature, on behalf of Representative Carrick, prime
sponsor, gave the sectional analysis on CSHB 17 (HSS) [included
in the committee packet], which read as follows [original
punctuation provided]:
Section 1
AS 21.42.427. Coverage for contraceptives. Amends AS
21.42 by adding a new section which (1) requires a
health care insurer to provide coverage for
prescription contraceptives and medical services
necessary for those products or devices (including
over-the-counter emergency contraception that was
obtained without a prescription); (2) requires
reimbursement to a health care provider or dispensing
entity for dispensing prescription contraceptives
intended to last for a 12-month period for subsequent
dispensing; (3) prevents an insurer from offsetting
the costs of compliance; (4) prevents an insurer from
restricting or delaying coverage for contraceptives;
(5) if the provider recommends a particular service or
FDA-approved item based on a determination of medical
necessity, the plan or issuer must cover that service
or item without cost sharing; and (6) exempts
religious employers if certain criteria are met.
Section 2
AS 29.10.200. Limitation of home rule powers. Amends
AS 29.10.200 by adding a provision applying to home
rule municipalities.
Section 3
AS 29.20.420. Health insurance policies. Amends AS
29.20 by adding a new section clarifying that
municipal health care insurance plans that are self-
insured are subject to the requirements of sec. 1.
Section 4
AS 39.30.090. Procurement of group insurance.
Clarifies that a group health insurance policy
covering employees of a participating governmental
unit is subject to the requirements of sec. 1.
Section 5
AS 39.30.091. Authorization for self-insurance and
excess loss insurance. Clarifies that a self-insured
group medical plan covering active state employees
provided under this section is subject to the
requirements of sec. 1.
Section 6
AS 47.07.065. Payment for prescribed drugs. Requires
the Department of Health to pay for prescription
contraceptives intended to last for a 12- month period
for subsequent dispensing for eligible recipients of
medical assistance, if prescribed to and requested by
the recipient, as well as medical services necessary
for those products or devices. Distributed by the
Office of Representative Ashley Carrick 1.25.2023 2
The Department of Health must also provide coverage
for over-the-counter emergency contraception that was
obtained without a prescription.
Section 7
Uncodified law - applicability Requires the Department
of Health to immediately amend and submit for federal
approval a state plan for medical assistance coverage
consistent with sec. 6 of this Act.
Section 8
Uncodified law - applicability Makes sec. 6 of the Act
conditional on the approval required under sec. 7 of
the Act.
Section 9
If, under sec. 8 of this Act, sec. 6 of this Act takes
effect, it takes effect on the day after the date the
revisor of statutes receives notice from the
commissioner of health under sec. 8 of this Act.
8:56:17 AM
REPRESENTATIVE MCCABE said women he knows have expressed concern
that if at 12 months, a birth control prescription will not be
as effective, or body chemistry may change to cause the
ineffectiveness.
REPRESENTATIVE CARRICK responded that the medical provider has
full control over what they believe to be the right prescription
for the individual. She stated most providers may prescribe
just a few months prescription then conduct a follow-up.
8:58:04 AM
REPRESENTATIVE MCCABE reiterated the concern that had been
relayed to him and asked Representative Ruffridge, who has a
background in pharmacy, to address it.
REPRESENTATIVE RUFFRIDGE explained that oral contraception is
never 100 percent effective, and low dose versions are rigid in
how you must take them. He confirmed there are very few
alterations to body chemistry that affect contraception in
general. He stated HB 17 can help cover some of the gaps
because in the pharmacy setting some of the more emergent refill
prescriptions are women who didn't realize they needed a refill,
and then possibly skip their low dose medication.
9:01:21 AM
REPRESENTATIVE MCKAY commented his understanding is that
currently, if a female goes to a doctor, explains she will be
gone several months, and asks for a 12-month dose, the issue is
that insurance won't pay for it.
REPRESENTATIVE CARRICK stated that is exactly the gap that would
be fixed through HB 17 - that extended prescriptions, as opposed
to one- to three-month prescriptions, will be covered under
insurance.
9:03:27 AM
REPRESENTATIVE MEARS commented on her own prescriptions and
having them filled before coming to Juneau for the duration of
the legislative session. Her perception of the bill is that it
brings contraceptives on par with other medications.
REPRESENTATIVE CARRICK replied that is correct.
9:04:40 AM
LORI WING-HEIER, Director, Division of Insurance, Department of
Commerce, Community & Economic Development, clarified that
insurance would not "get in the middle" of a provider and the
provider would not be stopped from having their responsibility
to a patient; the proposed legislation is stating that once a
contraceptive is provided, then the patient will have the right
or ability to get a 12-month supply. It is a convenience for
women to get their prescriptions for longer periods of time if
they will be away for extended periods due to work, travel, or
other reasons. She noted there had not been any rebuttal from
insurance companies over HB 17.
9:07:07 AM
REPRESENTATIVE HIMSCHOOT commented that the bill is decades
overdue, and it would help women, including, for example, the
women in Southeast Alaska who go out on extended fishing trips.
9:07:45 AM
REPRESENTATIVE MEARS echoed the sentiments of Representative
Himschoot.
9:08:03 AM
REPRESENTATIVE CARRICK commented that HB 17 is an insurance bill
at its core; it would not change contraception coverage or the
relationship with the provider, it would change what happens at
the pharmacy once a patient has a prescription. She explained
there had been some opposition submitted, and she encouraged
people to visit her office and speak with her and her staff to
communicate with those who may still feel opposition to help
illuminate the purpose of this legislation.
9:09:17 AM
CHAIR MCCORMICK announced that the amendment deadline for HB 17
is March 19 and public testimony will be on March 21.
[HB 17 was held over.]
9:09:42 AM
The committee took an at-ease from 9:09 a.m. to 9:15 a.m.
HB 78-AK COMMUNITY HEALTH AIDE APPRECIATION DAY
9:15:03 AM
CHAIR MCCORMICK announced that the final order of business would
be HOUSE BILL NO. 78, "An Act establishing September 10 as
Alaska Community Health Aide Appreciation Day."
9:15:32 AM
CALLAN CHYTHLOOK-SIFSOF, Staff, Representative CJ McCormick,
Alaska State Legislature, on behalf of Representative McCormick,
prime sponsor, revisited HB 78 and reiterated that the role of
health aides in Alaska is immense and cannot be understated.
Their jobs are 24 hours a day and they provide medical treatment
and coordinate with doctors and nurses to provide all aspects of
health care.
9:16:55 AM
CHAIR MCCORMICK opened public testimony on HB 78.
9:17:16 AM
NANCY BALE, School Nurse, testified in support of HB 78 and
provided her background. She explained that the community
health aides perform many functions of a school nurse; they are
unsung heroes who are never off [of work], and that is something
very much worth appreciating.
9:19:23 AM
CHAIR MCCORMICK, after ascertaining that there was no one else
who wished to testify, closed public testimony on HB 78.
CHAIR MCCORMICK commented that it is a privilege to bring forth
the bill. He entertained a motion to move HB 78 from committee.
9:20:40 AM
REPRESENTATIVE MCCABE moved to report HB 78 out of committee
with individual recommendations and an attached zero fiscal
note. [The motion was made to move HB 78, "as amended," but
there had been no amendments.]
9:20:56 AM
REPRESENTATIVE RUFFRIDGE objected for the purpose of discussion.
He commented it is important to know who is doing what and how
they go about their lives and what it looks like in places a lot
of people haven't been to.
REPRESENTATIVE RUFFRIDGE withdrew his objection.
9:21:36 AM
REPRESENTATIVE MCCABE thanked Chair McCormick for bringing the
bill forward, as it raises awareness.
9:22:26 AM
REPRESENTATIVE HIMSCHOOT commented on her mother, who was a
registered nurse, and the highlight of her career was training
village health aides.
9:23:20 AM
REPRESENTATIVE RUFFRIDGE restated that he withdrew his
objection. There being no further objection, HB 78 was reported
out of the House Community and Regional Affairs Standing
Committee.
9:23:54 AM
The committee took an at-ease from 9:23 a.m. to 9:26 a.m.
9:26:59 AM
CHAIR MCCORMICK thanked his staff and discussed upcoming
agendas.
9:27:49 AM
ADJOURNMENT
There being no further business before the committee, the House
Community and Regional Affairs Standing Committee was adjourned
at 9:28 a.m.