05/03/2023 01:00 PM House JUDICIARY
| Audio | Topic | 
|---|---|
| Start | |
| HB29 | |
| HB129 | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 129 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 29 | TELECONFERENCED | |
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                          May 3, 2023                                                                                           
                           1:34 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Sarah Vance, Chair                                                                                               
Representative Jamie Allard, Vice Chair                                                                                         
Representative Ben Carpenter                                                                                                    
Representative Craig Johnson                                                                                                    
Representative David Eastman                                                                                                    
Representative Andrew Gray                                                                                                      
Representative Cliff Groh                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 29                                                                                                               
"An Act relating to insurance discrimination."                                                                                  
                                                                                                                                
     - MOVED CSHB 29(JUD) OUT OF COMMITTEE                                                                                      
                                                                                                                                
HOUSE BILL NO. 129                                                                                                              
"An Act relating to voter registration; and providing for an                                                                    
effective date."                                                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB  29                                                                                                                  
SHORT TITLE: INSURANCE DISCRIMINATION                                                                                           
SPONSOR(s): REPRESENTATIVE(s) MCCABE                                                                                            
                                                                                                                                
01/19/23       (H)       PREFILE RELEASED 1/9/23                                                                                
01/19/23       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/19/23       (H)       L&C, JUD                                                                                               
02/10/23       (H)       L&C AT 3:15 PM BARNES 124                                                                              
02/10/23       (H)       Heard & Held                                                                                           
02/10/23       (H)       MINUTE(L&C)                                                                                            
02/17/23       (H)       L&C AT 3:15 PM BARNES 124                                                                              
02/17/23       (H)       Heard & Held                                                                                           
02/17/23       (H)       MINUTE(L&C)                                                                                            
03/03/23       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/03/23       (H)       <Bill Hearing Canceled>                                                                                
03/06/23       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/06/23       (H)       Moved CSHB 29(L&C) Out of Committee                                                                    
03/06/23       (H)       MINUTE(L&C)                                                                                            
03/08/23       (H)       L&C RPT  CS(L&C) 1DP 1DNP 5NR                                                                          
03/08/23       (H)       DP: CARRICK                                                                                            
03/08/23       (H)       DNP: FIELDS                                                                                            
03/08/23       (H)       NR: PRAX, WRIGHT, SADDLER, RUFFRIDGE,                                                                  
                         SUMNER                                                                                                 
04/28/23       (H)       JUD AT  1:00 PM GRUENBERG 120                                                                          
04/28/23       (H)       Heard &  Held                                                                                          
04/28/23       (H)       MINUTE(JUD)                                                                                            
05/03/23       (H)       JUD AT  1:00 PM GRUENBERG 120                                                                          
                                                                                                                                
BILL: HB 129                                                                                                                  
SHORT TITLE: VOTER REGISTRATION                                                                                                 
SPONSOR(s): JUDICIARY                                                                                                           
                                                                                                                                
03/22/23       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/22/23       (H)       STA, JUD                                                                                               
03/28/23       (H)       STA AT  3:00 PM GRUENBERG 120                                                                          
03/28/23       (H)       Scheduled but Not Heard                                                                                
03/30/23       (H)       STA AT  3:00 PM GRUENBERG 120                                                                          
03/30/23       (H)       Heard &  Held                                                                                          
03/30/23       (H)       MINUTE(STA)                                                                                            
04/27/23       (H)       STA AT  3:00 PM GRUENBERG 120                                                                          
04/27/23       (H)       Moved CSHB 129(STA) Out of Committee                                                                   
04/27/23       (H)       MINUTE(STA)                                                                                            
04/28/23       (H)       STA RPT CS(STA) 5DP 2AM                                                                                
04/28/23       (H)       DP:    CARPENTER,   C.JOHNSON,    ALLARD,                                                              
                         WRIGHT, SHAW                                                                                           
04/28/23       (H)       AM: ARMSTRONG, STORY                                                                                   
05/01/23       (H)       JUD AT  1:00 PM GRUENBERG 120                                                                          
05/01/23       (H)       Heard &  Held                                                                                          
05/01/23       (H)       MINUTE(JUD)                                                                                            
05/03/23       (H)       JUD AT  1:00 PM GRUENBERG 120                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE KEVIN MCCABE                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  As prime sponsor, offered introductory                                                                   
remarks and answered questions on CSHB 29(L&C).                                                                                 
                                                                                                                                
BUDDY WHITT, Staff                                                                                                              
Representative Kevin McCabe                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Answered  questions during  the hearing  on                                                            
CSHB 29(L&C) on behalf of Representative McCabe, prime sponsor.                                                                 
                                                                                                                                
LORI WING-HEIER, Director                                                                                                       
Division of Insurance                                                                                                           
Department of Commerce, Community & Economic Development                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Answered  questions during  the hearing  on                                                            
CSHB 29(L&C)                                                                                                                    
                                                                                                                                
JAKE ALMEIDA, Staff                                                                                                             
Representative Sarah Vance                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Offered  information  on CSHB  129(STA)  on                                                            
behalf  of the  House  Judiciary  Standing Committee,  sponsor  by                                                              
request, chaired by Representative Vance.                                                                                       
                                                                                                                                
CAROL BEECHER, Director                                                                                                         
Division of Elections                                                                                                           
Office of the Lieutenant Governor                                                                                               
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Answered  questions during  the hearing  on                                                            
CSHB 129(STA).                                                                                                                  
                                                                                                                                
LORI WILSON, Regional Supervisor                                                                                                
Division of Elections                                                                                                           
Office of the Lieutenant Governor                                                                                               
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Answered  questions during  the hearing  on                                                            
CSHB 129(STA).                                                                                                                  
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:34:07 PM                                                                                                                    
                                                                                                                                
CHAIR SARAH  VANCE called the  House Judiciary Standing  Committee                                                            
meeting  to  order  at  1:34  p.m.     Representatives  Carpenter,                                                              
Eastman,  Gray, Allard,  and Vance  were  present at  the call  to                                                              
order.    Representatives  C.  Johnson and  Groh  arrived  as  the                                                              
meeting was in progress.                                                                                                        
                                                                                                                                
                HB  29-INSURANCE DISCRIMINATION                                                                             
                                                                                                                                
1:34:53 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE  announced that the  first order of business  would be                                                              
HOUSE   BILL   NO.    29,   "An   Act   relating    to   insurance                                                              
discrimination."  [Before the committee was CSHB 29(L&C).]                                                                      
                                                                                                                                
CHAIR  VANCE  opened public  testimony  on  CSHB 29(L&C).    After                                                              
ascertaining  that no  one wished  to testify,  she closed  public                                                              
testimony.                                                                                                                      
                                                                                                                                
1:35:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KEVIN  MCCABE,  Alaska  State  Legislature,  prime                                                              
sponsor  of  CSHB   29(L&C),  offered  a  brief   summary  of  the                                                              
legislation.    He said  the  bill  sought to  prohibit  insurance                                                              
companies from  discriminating solely on  the basis of  a person's                                                              
status as an elected official.                                                                                                  
                                                                                                                                
1:37:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  C. JOHNSON  moved  to adopt  Amendment  1 to  CSHB
29(L&C), labeled 33-LS0272\S.1, Wallace, 4/29/23, which read:                                                                   
                                                                                                                                
     Page 1, line 1:                                                                                                            
         Delete "relating to insurance discrimination"                                                                        
          Insert "prohibiting certain insurance decisions                                                                     
        based solely on a person's political party or a                                                                       
     person's status as an elected official"                                                                                  
                                                                                                                                
     Page 1, line 4:                                                                                                            
          Delete "Discrimination"                                                                                             
          Insert "Decisions"                                                                                                  
                                                                                                                                
REPRESENTATIVE EASTMAN objected.                                                                                                
                                                                                                                                
1:37:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE C.  JOHNSON explained  that Amendment 1  proposed a                                                              
title  change  to avoid  ambiguity.    The  new title  would  read                                                              
"prohibiting  certain  insurance   decisions  based  solely  on  a                                                              
person's  political  party or  a  person's  status as  an  elected                                                              
official".                                                                                                                      
                                                                                                                                
REPRESENTATIVE  EASTMAN removed  his  objection.   There being  no                                                              
further objection, Amendment 1 was adopted.                                                                                     
                                                                                                                                
1:38:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  moved   to  adopt  Amendment  2  to  CSHB
29(L&C), labeled 33-LS0272\S.3, Wallace, 5/2/23, which read:                                                                    
                                                                                                                                
     Page 1, line 6, following "party":                                                                                         
          Insert ", a person's political view,"                                                                                 
                                                                                                                                
     Page 2, line 7, following "AS 15.80.010":                                                                                  
          Insert ";                                                                                                             
               (3)  "political view" means a position that                                                                      
      a state or national political party takes in support                                                                      
     of or in opposition to an issue"                                                                                           
                                                                                                                                
REPRESENTATIVE CARPENTER objected for the purpose of discussion.                                                                
                                                                                                                                
1:38:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  explained that Amendment 2  would prohibit                                                              
discrimination based  on a person's political view  in addition to                                                              
political party.                                                                                                                
                                                                                                                                
REPRESENTATIVE C.  JOHNSON asked for  the bill sponsor's  input on                                                              
Amendment 2.                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE  said he was  neutral on Amendment 2,  as it                                                              
would not be harmful to the bill's objective.                                                                                   
                                                                                                                                
REPRESENTATIVE  CARPENTER  questioned  the  aptness  of  the  word                                                              
"position" in the  definition of "political view" on  lines 6-7 of                                                              
Amendment 2  based on  his misinterpretation  of how the  term was                                                              
used.                                                                                                                           
                                                                                                                                
1:41:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRAY  expressed  concern  about the  broadness  of                                                              
"political  view," and  questioned whether  it would  apply to  an                                                              
individual  who believes  in  overthrowing  the government,  which                                                              
could leave the insurance company vulnerable to lawsuits.                                                                       
                                                                                                                                
CHAIR VANCE  asked how a person's  political view  was defensible.                                                              
She  pointed out  that  political party  and  elected status  were                                                              
easily defined and proven, whereas political view was ambiguous.                                                                
                                                                                                                                
REPRESENTATIVE  EASTMAN  clarified  that  the word  "position"  on                                                              
line 6  referred to  a person's  view - not  a job or  nomination.                                                              
In  response to  Representative  Gray, he  acknowledged that  some                                                              
political views,  such as anarchism, might be  considered illegal;                                                              
however,  he  said  there  was no  intent  of  protecting  illegal                                                              
behavior.   In  terms of  the mechanism  for  proof, he  suggested                                                              
that it  would be the same  as demonstrating discrimination  based                                                              
on political party.                                                                                                             
                                                                                                                                
REPRESENTATIVE MCCABE  pointed out that a person's  political view                                                              
could  be changed  tomorrow.   He  believed that  the addition  of                                                              
"political view" could make the bill overly broad.                                                                              
                                                                                                                                
1:47:37 PM                                                                                                                    
                                                                                                                                
BUDDY  WHITT, Staff,  Representative  Kevin  McCabe, Alaska  State                                                              
Legislature, suggested  that Ms. Wing-Heier could  provide insight                                                              
on  how   insurance  companies   might  look  at   the  additional                                                              
provision.                                                                                                                      
                                                                                                                                
1:48:20 PM                                                                                                                    
                                                                                                                                
LORI WING-HEIER,  Director, Division  of Insurance,  Department of                                                              
Commerce, Community  & Economic  Development (DCCED),  agreed that                                                              
the  language  was   broad  and  may  cause   insurance  companies                                                              
concern,  as a  person's  political  view could  be  changed on  a                                                              
daily  basis.     In   response  to   a  previous  question   from                                                              
Representative   Gray  regarding  legal   fees,  she   noted  that                                                              
repeated claims would lead to policy cancellation.                                                                              
                                                                                                                                
CHAIR  VANCE  asked  whether [Amendment  2]  involved  freedom  of                                                              
speech rather than discrimination.                                                                                              
                                                                                                                                
MS. WING-HEIER answered yes.                                                                                                    
                                                                                                                                
1:49:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARPENTER  asked whether  the maker of  Amendment 2                                                              
equated political view to a person's political expression.                                                                      
                                                                                                                                
REPRESENTATIVE EASTMAN  answered no, the  term was not  focused on                                                              
political expression.   He said his intention  was that "political                                                              
view"  would be  limited  to a  person's belief  or  opinion on  a                                                              
political issue.                                                                                                                
                                                                                                                                
REPRESENTATIVE   CARPENTER   was  unsure   how   to  empower   any                                                              
organization to  understand a person's  thoughts.  He  pointed out                                                              
that  the only  way an  insurance  company would  know a  person's                                                              
view  was  if  that  person  expressed   it,  either  by  word  or                                                              
affiliation.   He highlighted  the language on  page 1, line  6 of                                                              
the bill, which had already captured political expression.                                                                      
                                                                                                                                
REPRESENTATIVE   GRAY   pointed   out  that   a   person's   party                                                              
affiliation could also be changed on the spur of the moment.                                                                    
                                                                                                                                
REPRESENTATIVE  ALLARD shared  her  belief  that the  conversation                                                              
was  straying  from  the  bill's  intent,  which  was  to  protect                                                              
politicians and  elected officials.   For that reason,  she stated                                                              
her opposition to Amendment 2.                                                                                                  
                                                                                                                                
1:53:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CARPENTER  asked  how  Amendment  2  would  impact                                                              
insurance companies and the type of insurance they offer.                                                                       
                                                                                                                                
MS.  WING-HEIER  affirmed that  the  Division of  Insurance  could                                                              
enforce the proposed  legislation; however, she could  not make an                                                              
insurance  company remain  in Alaska  or offer  a certain  type of                                                              
insurance.    Further,  she  declined  to  predict  how  insurance                                                              
companies may respond.                                                                                                          
                                                                                                                                
1:55:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE  asked whether  the  maker  of Amendment  2                                                              
envisioned the  definition of "political  view" applying  to areas                                                              
of Alaska Statutes outside of Title 21.                                                                                         
                                                                                                                                
REPRESENTATIVE  EASTMAN agreed  that the  issue [of belief  versus                                                              
expression]  was complicated  and referenced  the censorship  of a                                                              
Montana  legislator.   In response  to the bill  sponsor,  he said                                                              
his intent  was to focus  on the particular  statute at hand.   He                                                              
acknowledged  that including  political  view may  be  messy   and                                                              
suggested  limiting the  scope of  the bill  to elected  officials                                                              
only.                                                                                                                           
                                                                                                                                
1:58:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN withdrew Amendment  2 with the  suggestion                                                              
that "political party" be removed from the bill as well.                                                                        
                                                                                                                                
1:59:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  moved   to  adopt  Amendment  3  to  CSHB
29(L&C), labeled 33-LS0272\S.4, Wallace, 5/2/23, which read:                                                                    
                                                                                                                                
     Page 1, lines 5 - 6:                                                                                                       
          Delete "A person transacting insurance in this                                                                        
     state may  not, solely because  of a person's  political                                                                   
     party or a person's status as an elected official,"                                                                        
          Insert "If a person transacting insurance in this                                                                     
     state  makes  a  policy decision  solely  because  of  a                                                                   
     person's  political party  or  a person's  status as  an                                                                   
     elected official,  or if a  policy holder suspects  that                                                                   
     a  policy  decision  was  made  solely  because  of  the                                                                   
     person's political  party or  the person's status  as an                                                                   
     elected  official,  the  person   transacting  insurance                                                                   
     must   provide  documentation   to  the  policy   holder                                                                   
     identifying  the factor or  combination of factors  that                                                                   
     were used in making a policy decision to"                                                                                  
                                                                                                                                
     Page 1, line 13, through page 2, line 2:                                                                                   
          Delete all material.                                                                                                  
                                                                                                                                
     Reletter the following subsection accordingly.                                                                             
                                                                                                                                
REPRESENTATIVE C. JOHNSON objected.                                                                                             
                                                                                                                                
1:59:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN explained that  Amendment 3  would require                                                              
insurance companies  accused of discrimination based  on political                                                              
party or  status as an elected  official to provide  documentation                                                              
to the  policy holder identifying  the factors used in  making the                                                              
policy decision.                                                                                                                
                                                                                                                                
REPRESENTATIVE  GRAY   observed  the  unlikelihood   of  insurance                                                              
companies    providing,     in    writing,     documentation    of                                                              
discrimination.                                                                                                                 
                                                                                                                                
2:02:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE stated  his opposition  to Amendment  3, as                                                              
it would  complicate  current practices.   He  asked Mr. Whitt  to                                                              
expound on those practices.                                                                                                     
                                                                                                                                
2:02:48 PM                                                                                                                    
                                                                                                                                
MR.  WHITT noted  his  appreciation  for the  proposed  amendment,                                                              
which addressed  a mechanism  for proof of  denial.     He  read a                                                              
statement  from  the Division  of  Insurance's  website  regarding                                                              
policy  rights, indicating  that  upon the  denial  of an  initial                                                              
application,  the insurer  must inform the  applicant that  he/she                                                              
has  the right  to know  why.   The  applicant can  then submit  a                                                              
written request  for further information.   He directed  attention                                                              
to page  1, lines 11-12  of Amendment 3,  and asked why  the maker                                                              
of the amendment  sought to delete  page 1, line 13,  through page                                                              
2,  line 2  of the  bill, which  offered a  carveout to  insurance                                                              
companies that  allowed them  to deny a  policy based  on standard                                                              
underwriting or actuarial principles.                                                                                           
                                                                                                                                
REPRESENTATIVE  EASTMAN  stated   that  Amendment  3  deleted  the                                                              
language  in  question because  it  would  no longer  be  relevant                                                              
should  the  amendment  pass.   He  indicated  that  the  proposed                                                              
amendment  wouldn't prohibit  discrimination  [based on  political                                                              
party or  one's status  as an elected  official], it  would simply                                                              
require them to be transparent when doing so.                                                                                   
                                                                                                                                
2:07:54 PM                                                                                                                    
                                                                                                                                
A roll  call vote  was taken.   Representatives  Eastman voted  in                                                              
favor of Amendment  3 to CSHB 29(L&C).   Representatives Carpenter                                                              
C.  Johnson,  Gray, Groh,  Allard,  and  Vance voted  against  it.                                                              
Therefore, Amendment 3 failed by a vote of 1-6.                                                                                 
                                                                                                                                
CHAIR VANCE sought final comment on CSHB 29(L&C), as amended.                                                                   
                                                                                                                                
2:09:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN opined  that the  bill would  not work  as                                                              
intended,  adding that  he  viewed it  as  a counterintuitive  and                                                              
counterproductive way of solving the issue.                                                                                     
                                                                                                                                
2:10:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ALLARD  moved to  report CSHB 29(L&C),  as amended,                                                              
out  of   committee  with   individual  recommendations   and  the                                                              
accompanying fiscal notes.                                                                                                      
                                                                                                                                
REPRESENTATIVE EASTMAN objected.                                                                                                
                                                                                                                                
2:10:28 PM                                                                                                                    
                                                                                                                                
A  roll  call  vote was  taken.    Representatives  Groh,  Allard,                                                              
Carpenter,  C.  Johnson,  Gray,   and  Vance  voted  in  favor  of                                                              
reporting   CSHB   29(L&C),   as  amended,   out   of   committee.                                                              
Representative  Eastman   voted  against  it.     Therefore,  CSHB
29(JUD)  was  reported   out  of  the  House   Judiciary  Standing                                                              
Committee by a vote of 6-1.                                                                                                     
                                                                                                                                
2:12:05 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:12 p.m. to 2:16 p.m.                                                                       
                                                                                                                                
                   HB 129-VOTER REGISTRATION                                                                                
                                                                                                                                
2:16:16 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE  announced that the  final order of business  would be                                                              
HOUSE BILL  NO. 129, "An Act  relating to voter  registration; and                                                              
providing  for an  effective  date."   [Before  the committee  was                                                              
CSHB 129(STA).]                                                                                                                 
                                                                                                                                
2:16:44 PM                                                                                                                    
                                                                                                                                
JAKE  ALMEIDA, Staff,  Representative  Sarah  Vance, Alaska  State                                                              
Legislature,   on  behalf   of   the  House   Judiciary   Standing                                                              
Committee,   sponsor   by   request,  referred   to   a   document                                                              
illustrating  the  two-form process  that  was  part of  the  list                                                              
maintenance process.   He asked Ms. Beecher to expound  on the two                                                              
mailers that  were sent out  to voters who  had failed to  vote in                                                              
the last two general elections.                                                                                                 
                                                                                                                                
2:17:45 PM                                                                                                                    
                                                                                                                                
CAROL BEECHER,  Director, Division  of Elections (DOE),  Office of                                                              
the Lieutenant Governor, described the two mailers.                                                                             
                                                                                                                                
2:18:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY  asked how many of each mailer,  identified as                                                              
C17A and C17B, were sent out each year.                                                                                         
                                                                                                                                
MS. BEECHER  did not know  the answer.   She offered to  follow up                                                              
with the requested information.                                                                                                 
                                                                                                                                
2:19:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GROH sought  clarification on  the procedure  that                                                              
triggered the mailers.                                                                                                          
                                                                                                                                
MS.   BEECHER   explained   that   after   reviewing   the   voter                                                              
registration list  each year, the first nonforwardable  mailer was                                                              
sent  out  to  individuals  requesting   address  confirmation  or                                                              
correction.  The  division would then send the  second forwardable                                                              
notice to  voters whose mail had  been returned, or who  failed to                                                              
vote or contact  the division in  the past two years.   The second                                                              
notice   informed  voters   that  their   registration  would   be                                                              
inactivated within 45 days if no response was received.                                                                         
                                                                                                                                
2:20:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GROH  sought to confirm that the  mailers were only                                                              
sent out  to people  that had  not met  the "screening  criteria."                                                              
In other  words, a person  who voted in  every election  would not                                                              
receive them.                                                                                                                   
                                                                                                                                
MS. BEECHER confirmed that Representative Groh was correct.                                                                     
                                                                                                                                
2:21:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked  whether any  additional  cost  was                                                              
associated  with  including  "forwarding  service  requested,"  as                                                              
opposed to "return service requested" on the mailer.                                                                            
                                                                                                                                
MS. BEECHER offered to follow up with the requested information.                                                                
                                                                                                                                
2:21:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY  sought to confirm that should  the bill pass,                                                              
the mailer identified as C17A would no longer be used.                                                                          
                                                                                                                                
MR. ALMEIDA confirmed that Representative Gray was correct.                                                                     
                                                                                                                                
REPRESENTATIVE GRAY  asked whether changing to a  one-step process                                                              
would be a cost-saving measure.                                                                                                 
                                                                                                                                
MS.  BEECHER answered  yes.   She  anticipated  that the  division                                                              
would save  money by sending one  notice, as opposed to  two.  She                                                              
reported that in 2022, DOE mailed 39,779 notices.                                                                               
                                                                                                                                
REPRESENTATIVE  GRAY  asked  whether  that  figure  represented  a                                                              
combined total of both notices.                                                                                                 
                                                                                                                                
MS.  BEECHER clarified  that  39,779  reflected the  first  mailed                                                              
notice.   In January  2023, the  division followed  up by  sending                                                              
15,094 of the second mailed notice.                                                                                             
                                                                                                                                
2:23:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY  estimated that about 24,000  people responded                                                              
to the first  mailed notice indicating that they  wanted to remain                                                              
on  the  voter registration  list.    He  asked whether  that  was                                                              
accurate.                                                                                                                       
                                                                                                                                
MS. BEECHER answered yes.                                                                                                       
                                                                                                                                
CHAIR  VANCE asked  whether responding  to the  mailed notice  was                                                              
the only  way to  cancel a  voter's registration  in the  state of                                                              
Alaska.                                                                                                                         
                                                                                                                                
MS. BEECHER  answered no, voters  could cancel their  registration                                                              
by phone, mail, or email, in addition to the mailed notice.                                                                     
                                                                                                                                
2:24:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN asked whether  an individual  was required                                                              
to provide  his/her Social Security  number or some other  form of                                                              
identification when cancelling a voter registration.                                                                            
                                                                                                                                
MS. BEECHER directed the question to Ms. Wilson.                                                                                
                                                                                                                                
2:25:31 PM                                                                                                                    
                                                                                                                                
LORI  WILSON, Regional  Supervisor, Division  of Elections  (DOE),                                                              
Office of  the Lieutenant Governor,  stated that  individuals were                                                              
asked   to   confirm  their   identity   by   providing   multiple                                                              
identifiers   on  their   record  when   cancelling  their   voter                                                              
registration.                                                                                                                   
                                                                                                                                
2:26:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY  questioned the difference  between cancelling                                                              
a voters   registration and inactivating  a voter's status  on the                                                              
voter registration list.                                                                                                        
                                                                                                                                
MS. WILSON  explained that an  "active status" and  condition code                                                              
identified voters  that were actively participating  in elections.                                                              
Alternatively,  "inactive  status"  reflected  inactivity  on  the                                                              
voter's behalf, which  was sometimes triggered by a  death, a move                                                              
out of  state, or a felony  conviction involving  moral turpitude.                                                              
She  added that  inactive  voters  remained in  the  system for  a                                                              
certain timeframe;  however, they did  not appear on  the precinct                                                              
registers at the polling places.                                                                                                
                                                                                                                                
2:29:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRAY  sought  to   confirm  that  there   was  no                                                              
difference   between  cancelling   a   voter's  registration   and                                                              
inactivating a voter's status on the voter registration list.                                                                   
                                                                                                                                
MS.   WILSON  confirmed   that   a  voter   who  cancels   his/her                                                              
registration  would  be  moved  to  "inactive  status"  and  would                                                              
remain in the system for a certain amount of time.                                                                              
                                                                                                                                
2:30:03 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE asked how long that period of time was.                                                                             
                                                                                                                                
MS.  WILSON said  until the  end  of the  list maintenance  period                                                              
unless the  voter reactivated the  registration by  contacting the                                                              
division before that time.                                                                                                      
                                                                                                                                
REPRESENTATIVE GRAY  said he was surprised that  a deceased person                                                              
would remain on the register for as long as a year.                                                                             
                                                                                                                                
MS.  BEECHER clarified  that a  deceased person  would be  removed                                                              
from the voter registration list once the death was confirmed.                                                                  
                                                                                                                                
2:32:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ALLARD asked how  the division  was notified  of a                                                              
death.                                                                                                                          
                                                                                                                                
MS. BEECHER  said deaths  were reported  in a  multitude of  ways,                                                              
including family,  the Electronic Registration  Information Center                                                              
(ERIC)  system,  obituaries,  and   [Health  Analytics  and  Vital                                                              
Records].                                                                                                                       
                                                                                                                                
REPRESENTATIVE ALLARD  asked whether  the division was  updated on                                                              
a daily basis.                                                                                                                  
                                                                                                                                
MS. BEECHER  indicated that  the division  checked the  obituaries                                                              
on a  weekly basis;  vital statistics  were checked  on a  monthly                                                              
basis; and ERIC offered quarterly reports.                                                                                      
                                                                                                                                
2:33:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   ALLARD    characterized   monthly    updates   as                                                              
 alarming   and  expressed  an   interest  in  tightening  up  the                                                              
process.   She requested a  list of deceased  voters who  had been                                                              
removed from the voter rolls from January 2023 to present.                                                                      
                                                                                                                                
CHAIR  VANCE pointed  out that  the  bill sought  to provide  more                                                              
tools to aid the division in this process.                                                                                      
                                                                                                                                
2:35:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  how long  it took  the division  to                                                              
place a deceased person on inactive status.                                                                                     
                                                                                                                                
MS.  WILSON clarified  that death  notices were  processed by  the                                                              
division  daily.  She  expounded  on the process  of confirming  a                                                              
death  via  obituary,  explaining  that  the  condition  code  was                                                              
changed from "active" to "inactive deceased" immediately.                                                                       
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  whether the  division took  note of                                                              
people who enter custody.                                                                                                       
                                                                                                                                
MS. WILSON  relayed that DOE received  notice from the  courts, in                                                              
addition   to   the  Department   of   Corrections   (DOC),   when                                                              
individuals were convicted of crimes involving moral turpitude.                                                                 
                                                                                                                                
REPRESENTATIVE EASTMAN  asked how the division would  become aware                                                              
of convictions in an out-of-state court.                                                                                        
                                                                                                                                
MS. WILSON offered to follow up with the requested information.                                                                 
                                                                                                                                
CHAIR VANCE asked  how the division distinguished  voters who were                                                              
ineligible to  vote in state  elections on the voter  registration                                                              
list.                                                                                                                           
                                                                                                                                
MS.  WILSON explained  that permanent  [inactive] overseas  voters                                                              
were flagged  in the system as  "IOS," indicating that  they could                                                              
only participate in federal races.                                                                                              
                                                                                                                                
CHAIR VANCE asked  whether those individuals were  registered on a                                                              
separate list.                                                                                                                  
                                                                                                                                
MS.  WILSON said  everyone was  registered in  the same  database.                                                              
Voters with the   IOS  status and position code  only received the                                                              
federal ballot forms and envelopes, she added.                                                                                  
                                                                                                                                
CHAIR VANCE  recalled the  DOE data  breach that impacted  113,000                                                              
Alaskans.  She asked  what the division had done  to ensure that a                                                              
bad actor was not voting with the stolen identifiers.                                                                           
                                                                                                                                
MS. BEECHER sought clarity on the question.                                                                                     
                                                                                                                                
CHAIR  VANCE asked  whether hacked  information could  be used  to                                                              
impersonate  an Alaskan  by requesting  a  ballot or  a change  of                                                              
address.                                                                                                                        
                                                                                                                                
MS. BEECHER offered to follow up with the requested information.                                                                
                                                                                                                                
2:45:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE C.  JOHNSON asked whether 20 ballots  from the same                                                              
address would flag the system.                                                                                                  
                                                                                                                                
MS. BEECHER deferred to Ms. Wilson.                                                                                             
                                                                                                                                
MS.   WILSON    answered   yes,   it   would    initiate   further                                                              
investigation.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  C. JOHNSON  asked  whether signature  verification                                                              
was required for the cancellation notice.                                                                                       
                                                                                                                                
MS. WILSON  said there  was no signature  verification  process in                                                              
statute; nonetheless,  she pointed  out that the  mailers included                                                              
an obscure voter  number and name, which could be  compared to the                                                              
voter's identifiers and signature if needed.                                                                                    
                                                                                                                                
REPRESENTATIVE  C.  JOHNSON  asked  Ms.  Wilson  to  describe  the                                                              
obscure voter number.                                                                                                           
                                                                                                                                
MS.  WILSON described  it as  voter  number that  was not  clearly                                                              
visible.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  C.  JOHNSON sought  to  confirm that  each  mailed                                                              
notice included an  obscure voter number, similar  to a watermark,                                                              
which was used to identify the voter.                                                                                           
                                                                                                                                
MS. WILSON explained  that each mailer was addressed  to the voter                                                              
and included  a unique barcode.   Additionally, the  obscure voter                                                              
number could be added, which was unique to the division.                                                                        
                                                                                                                                
REPRESENTATIVE  C.  JOHNSON sought  to  verify that  each  barcode                                                              
contained the  voter's number,  birthday, Social Security  number,                                                              
and driver's license number.                                                                                                    
                                                                                                                                
MS. WILSON answered  no.  She clarified that the  barcode was used                                                              
as  an  identifier  to  pull up  the  voter's  information.    She                                                              
stressed   that   the  barcodes   did   not  hold   any   personal                                                              
information.                                                                                                                    
                                                                                                                                
2:50:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE C.  JOHNSON asked whether the  identifiers obtained                                                              
in the data breach  could be used by a hacker to  request a change                                                              
of address.                                                                                                                     
                                                                                                                                
MS. WILSON  clarified that  the mailers were  sent to  the address                                                              
on file  - not  a random  person's house.   She acknowledged  that                                                              
the  division was  incapable of  stopping a  person from  stealing                                                              
someone's mail.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  C. JOHNSON  asked whether  there were  protections                                                              
in  place  to  stop  a bad  actor  from  requesting  a  change  of                                                              
address.                                                                                                                        
                                                                                                                                
MS. WILSON explained  that multiple identifiers would  be required                                                              
to change a mailing address.                                                                                                    
                                                                                                                                
2:53:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  C.   JOHNSON  asked  for  verification   that  the                                                              
identifiers  included  Social  Security   number,  birthdate,  and                                                              
driver's  license  number,  adding  that the  hackers  would  have                                                              
obtained all three.                                                                                                             
                                                                                                                                
MS.  WILSON  listed   the  identifiers  contained   in  the  voter                                                              
registration  as follows: voter  number, last  four digits  of the                                                              
Social  Security  number,  date  of  birth,  and  Alaska  driver's                                                              
license number or state identification (ID) number.                                                                             
                                                                                                                                
CHAIR VANCE  asked which signatures  were deemed  acceptable under                                                              
statute if there was no voter signature verification process.                                                                   
                                                                                                                                
MS.  WILSON  said  images  of each  voter's  signature  from  past                                                              
forms, such  as the  voter registration  form, were collected  and                                                              
kept on record.                                                                                                                 
                                                                                                                                
MS.  BEECHER stated  that AS  15.07.060  required the  applicant's                                                              
signature,  which   could  be  represented  by  a   "mark."    She                                                              
indicated that not every signature was necessarily available.                                                                   
                                                                                                                                
CHAIR  VANCE expressed  concern  that bad  actors could  replicate                                                              
such marks.                                                                                                                     
                                                                                                                                
2:56:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRAY pointed  out that  if a  bad actor was  using                                                              
that information  to  register to  vote or to  change an  address,                                                              
individuals would  realize at the  polls that someone  had already                                                              
voted  for them.   He asked  whether such  instances had  occurred                                                              
since the data breach.                                                                                                          
                                                                                                                                
MS. BEECHER  said there was no  indication that the  breached data                                                              
had  been used  to vote  for nefarious  purposes.   She  indicated                                                              
that the  system had undergone a  "hardening" for the  purposes of                                                              
security.                                                                                                                       
                                                                                                                                
2:58:17 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE  asked how  many of the  113,000 Alaskans  impacted by                                                              
the data breach were on inactive status at the time.                                                                            
                                                                                                                                
MS. BEECHER offered to follow up with the requested information.                                                                
                                                                                                                                
REPRESENTATIVE C.  JOHNSON asked whether the division  could track                                                              
the inactive voters who reactivated their status by voting.                                                                     
                                                                                                                                
MS. BEECHER offered to follow up with the requested information.                                                                
                                                                                                                                
3:00:03 PM                                                                                                                    
                                                                                                                                
CHAIR  VANCE  emphasized  that DOE  had  been  following  statute;                                                              
however,  she  stated  that  Alaska's   election  statutes  lacked                                                              
thoroughness.   She said the bill  sought to provide  more clarity                                                              
in statute.                                                                                                                     
                                                                                                                                
CHAIR VANCE announced that the CSHB 129(STA) was held over.                                                                     
                                                                                                                                
3:01:11 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being  no further business  before the committee,  the House                                                              
Judiciary Standing Committee meeting was adjourned at 3:01 p.m.                                                                 
| Document Name | Date/Time | Subjects | 
|---|---|---|
| HB29.VerB.SponsorStatement.1.31.23.pdf | 
                    
HJUD       5/3/2023 1:00:00 PM | 
                
                    
HB  29 | 
            
| HB29.VerB.1.31.23.PDF | 
                    
HFSH       5/3/2023 1:00:00 PM HJUD 5/3/2023 1:00:00 PM HL&C 2/10/2023 3:15:00 PM  | 
                
                    
HB  29 | 
            
| HB29.VerB.SectionalAnalysis.1.31.23.pdf | 
                    
HFSH       5/3/2023 1:00:00 PM HJUD 5/3/2023 1:00:00 PM HL&C 2/10/2023 3:15:00 PM  | 
                
                    
HB  29 | 
            
| HB 29 - Fiscal Note DCCED (04-05-23).pdf | 
                    
HFSH       5/3/2023 1:00:00 PM HJUD 4/28/2023 1:00:00 PM HJUD 5/3/2023 1:00:00 PM  | 
                
                    
HB  29 | 
            
| HB 29 - Amendment #1 (S.1) by Rep. Johnson.pdf | 
                    
HJUD       5/3/2023 1:00:00 PM | 
                
                    
HB  29 | 
            
| HB 29 - Amendment #2 (S.3) by Rep. Eastman.pdf | 
                    
HJUD       5/3/2023 1:00:00 PM | 
                
                    
HB  29 | 
            
| HB 29 - Amendment #3 (S.4) by Rep. Eastman.pdf | 
                    
HJUD       5/3/2023 1:00:00 PM | 
                
                    
HB  29 |