Legislature(2025 - 2026)GRUENBERG 120
04/16/2025 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB180 | |
| HB137 | |
| HB97 | |
| HB156 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 97 | TELECONFERENCED | |
| *+ | HB 180 | TELECONFERENCED | |
| += | HB 137 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| *+ | HB 156 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
April 16, 2025
4:31 p.m.
MEMBERS PRESENT
Representative Andrew Gray, Chair
Representative Chuck Kopp, Vice Chair
Representative Ted Eischeid
Representative Genevieve Mina
Representative Sarah Vance
Representative Jubilee Underwood
MEMBERS ABSENT
Representative Mia Costello
COMMITTEE CALENDAR
HOUSE BILL NO. 180
"An Act relating to the powers of the commissioner of
administration with respect to motor vehicles; relating to
electronic identification cards; relating to electronic driver's
licenses and permits; and providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 137
"An Act relating to permanent fund dividends for individuals
owing child support; and relating to applications and
qualifications for permanent fund dividends for individuals
owing child support."
- HEARD & HELD
HOUSE BILL NO. 97
"An Act relating to theft; relating to organized retail theft;
relating to property crimes; relating to aggravating factors at
sentencing; establishing a statewide marketplace facilitator
sales tax; and establishing the organized retail theft fund in
the general fund."
- HEARD & HELD
HOUSE BILL NO. 156
"An Act relating to disclosure of information regarding employee
compensation by employers, employees, and applicants for
employment."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 180
SHORT TITLE: ELECTRONIC DRIVER'S LICENSES
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
04/09/25 (H) READ THE FIRST TIME - REFERRALS
04/09/25 (H) JUD, STA
04/16/25 (H) JUD AT 1:00 PM GRUENBERG 120
BILL: HB 137
SHORT TITLE: PFD/CHILD SUPPORT
SPONSOR(s): CARRICK
03/17/25 (H) READ THE FIRST TIME - REFERRALS
03/17/25 (H) JUD, FIN
03/28/25 (H) JUD AT 1:00 PM GRUENBERG 120
03/28/25 (H) Heard & Held
03/28/25 (H) MINUTE(JUD)
04/04/25 (H) JUD AT 1:00 PM GRUENBERG 120
04/04/25 (H) -- MEETING CANCELED --
04/07/25 (H) JUD AT 1:00 PM GRUENBERG 120
04/07/25 (H) Heard & Held
04/07/25 (H) MINUTE(JUD)
04/14/25 (H) JUD AT 1:00 PM GRUENBERG 120
04/14/25 (H) -- MEETING CANCELED --
04/16/25 (H) JUD AT 1:00 PM GRUENBERG 120
BILL: HB 97
SHORT TITLE: ORG. RETAIL THEFT/FUND;MKTPLACE SALES TAX
SPONSOR(s): FIELDS
02/12/25 (H) READ THE FIRST TIME - REFERRALS
02/12/25 (H) JUD, FIN
02/26/25 (H) JUD AT 1:00 PM GRUENBERG 120
02/26/25 (H) Heard & Held
02/26/25 (H) MINUTE(JUD)
03/05/25 (H) JUD AT 1:00 PM GRUENBERG 120
03/05/25 (H) Heard & Held
03/05/25 (H) MINUTE(JUD)
03/17/25 (H) JUD AT 1:00 PM GRUENBERG 120
03/17/25 (H) <Bill Hearing Canceled>
03/26/25 (H) JUD AT 1:00 PM GRUENBERG 120
03/26/25 (H) Heard & Held
03/26/25 (H) MINUTE(JUD)
04/02/25 (H) JUD AT 1:00 PM GRUENBERG 120
04/02/25 (H) Heard & Held
04/02/25 (H) MINUTE(JUD)
04/14/25 (H) JUD AT 1:00 PM GRUENBERG 120
04/14/25 (H) -- MEETING CANCELED --
04/16/25 (H) JUD AT 1:00 PM GRUENBERG 120
BILL: HB 156
SHORT TITLE: DISCLOSURE OF WAGE INFORMATION
SPONSOR(s): MINA
03/26/25 (H) READ THE FIRST TIME - REFERRALS
03/26/25 (H) JUD, L&C
04/14/25 (H) JUD AT 1:00 PM GRUENBERG 120
04/14/25 (H) -- MEETING CANCELED --
04/16/25 (H) JUD AT 1:00 PM GRUENBERG 120
WITNESS REGISTER
ERIC DEMOULIN, Director
Division of Administrative Services
Department of Administration
Juneau, Alaska
POSITION STATEMENT: Presented HB 180, on behalf of the House
Rules Standing Committee, sponsor by request of the governor.
FORREST WOLFE, Legislative Liaison
Department of Administration
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for HB
180, on behalf of the House Rules Standing Committee, sponsor by
request of the governor.
LAUREN WHITESIDE, Operations Manager
Division of Motor Vehicles
Department of Administration
Anchorage, Alaska, Alaska
POSITION STATEMENT: Gave invited testimony during the hearing
on HB 180.
REPRESENTATIVE ASHLEY CARRICK
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, answered questions during
the hearing on HB 137.
GRIFFEN SUKKAEW, Staff
Representative Ashley Carrick
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
137, on behalf of Representative Carrick, prime sponsor.
JOHN SKIDMORE, Deputy Attorney General
Criminal Division
Department of Law
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
137.
CHRIS TRAN, Director
Child Support Enforcement Division
Department of Revenue
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
137.
EMILY NAUMAN, Director
Legislative Legal Services
Legislative Affairs Agency
Juneau, Alaska
Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
137.
MAKAYLA WILSON, Staff
Representative Genevieve Mina
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for HB 97,
on behalf of Representative Mina, prime sponsor.
DR. MICHAEL WALSH, Vice President of Public Policy
The Four Acre Group
Fairbanks, Alaska
POSITION STATEMENT: Gave invited testimony on HB 156.
ACTION NARRATIVE
4:31:48 PM
CHAIR ANDREW GRAY called the House Judiciary Standing Committee
meeting to order at 4:31 p.m. Representatives Underwood, Vance,
Eischeid, Mina, and Gray were present at the call to order.
Representative Kopp arrived as the meeting was in progress.
HB 180-ELECTRONIC DRIVER'S LICENSES
4:32:40 PM
CHAIR GRAY announced that the first order of business would be
HOUSE BILL NO. 180, "An Act relating to the powers of the
commissioner of administration with respect to motor vehicles;
relating to electronic identification cards; relating to
electronic driver's licenses and permits; and providing for an
effective date."
4:33:15 PM
ERIC DEMOULIN, Director, Division of Administrative Services,
Department of Administration (DOA), presented HB 180, on behalf
of the House Rules Standing Committee, sponsor by request of the
governor. He said the bill authorizes DOA to offer electronic
drivers licenses in conjunction with the physical identification
(ID) cards. The bill is designed to strengthen privacy concerns
and clarify legal procedures for law enforcement. It would
ensure that digital licenses are convenient without compromising
existing standards. He reiterated that it would maintain the
requirement for individuals to retain a physical ID card.
4:34:43 PM
FORREST WOLFE, Legislative Liaison, Department of Administration
(DOA), on behalf of the House Rules Standing Committee, sponsor
by request of the governor, shared the sponsor statement for HB
180 [included in the committee packet], which read as follows
[original punctuation provided]:
Section 1: This section adds the word "physical" into
Alaska Statute 18.65.310(a) to distinguish that a
"physical" Identification Card will now be $15.
Section 2: This section amends Alaska Statute
18.65.310 by adding a new subsection which establishes
that upon application, the department may issue an
electronic identification card to a person who
currently possesses a physical identification card,
and that the electronic identification cards can be a
digital companion to physical identification cards,
yet it is still mandated that a person retain their
physical identification card. This section also
requires the department to adopt regulations governing
the issuance and use of electronic identification
cards. Additionally, the section includes privacy
protections by explicitly stating that presenting an
electronic ID to law enforcement does not grant
permission for officers to search or access any other
data on the mobile device while also granting them
immunity from liability for any damage to the device
unless intentional misconduct is involved.
Section 3: This section adds the word "physical" into
Alaska Statute 18.65.320(b) to specify that if an
identification card is cancelled, they would need to
return the physical card to the department.
Section 4: This section adds a new subsection into
Alaska Statute 28.05.021 which will allow the
Commissioner of Administration to enter into
agreements with a law enforcement agency, a
governmental agency or program or a data exchange
service.
Section 5: This section adds the word "physical" into
Alaska Statute 28.05.051 to state that if a license is
suspended, revoked, or cancelled, they would need to
return the physical card to the department. This
section also allows for designated officials to take
possession of a physical license in the event of
invalidity.
Section 6: This section amends Alaska Statute
28.15.011(b) to require all drivers to have a physical
or electronic driver's license when operating a motor
vehicle.
Section 7: This section amends Alaska Statute 28.15 by
adding authority in a new section for the Department
of Administration to begin issuing electronic driver's
licenses or permits to customers who possess a
physical driver's license or permit, which they will
be required to retain. This section also requires the
Commissioner to adopt regulations for issuance and use
of electronic licenses and permits along with an
option for the commissioner to require the physical
driver's license be carried on their person in certain
circumstances. Lastly, this section requires
the department to display notice of revocation,
cancellation, limitation, restriction, or suspension
across the front of the electronic license.
Section 8: This section adds "physical or electronic"
into Alaska Statute 28.15.131(a) which requires a
driver to always have a driver's license in their
possession when driving a motor vehicle.
Section 9: This section adds a new subsection to
Alaska Statute 28.15.131 to protect the drivers'
privacy by prohibiting officers from accessing other
data on mobile devices when checking an electronic
license. It also grants immunity to law enforcement
from liability for damage to a mobile device when
verifying an electronic driver's license, except in
cases of intentional misconduct.
Section 10: This section amends Alaska Statute
28.15.151(a) to add retention requirements of every
application for an electronic driver's license or
permit as well as copies of the electronic licenses
and permits.
Section 11: This section adds the word "physical" into
Alaska Statute 28.15.165(b) to signify a law
enforcement officer to seize the physical driver's
license after failure of a sobriety test or refusal to
submit to a chemical test.
Section 12: This section amends Alaska Statue
28.15.166(a) by adding clarifying language mandating a
driver to surrender their physical license when
requesting an administrative review.
Section 13: This section adds the word "physical" into
Alaska Statute 28.15.182(d) to signify the Alaska
Court System shall require the surrender the physical
driver's license when issuing a Limited License in the
circumstance of an accident which caused the death of
another.
Section 14: This section amends Alaska Statue
28.15.183(b) by adding clarifying language ensuring
law enforcement to seize a driver's physical license
or physical permit.
Section 15: This section adds the word "physical" into
Alaska Statute 28.15.184(a) to signify a customer who
is a minor must surrender the physical driver's
license upon request of an administrative hearing if
it wasn't seized previously by law enforcement.
Section 16: This section amends Alaska Statue
28.15.187(b) by adding clarifying language ensuring
law enforcement to seize a driver's physical license
or physical permit when violating any driving laws.
Section 17: This section amends Alaska Statue
28.15.189(a) by adding clarifying language mandating a
driver to surrender their physical license when
requesting a revocation review.
Section 18: This section amends Alaska Statue
28.15.191(c) by adding clarifying language mandating
courts must forward surrendered physical licenses to
the DMV when issuing a suspension or revocation.
Section 19: This section amends Alaska Statue
28.15.191(g) by adding clarifying language mandating
courts must forward surrendered physical licenses to
the DMV when a driver is ordered to refrain from
consuming alcoholic beverages as part of their
sentencing.
Section 20: This section amends Alaska Statue
28.15.191(h) by adding clarifying language mandating
parole boards to require a person to surrender their
physical license and identification card when subject
to cancellation.
Section 21: This section amends Alaska Statue
28.15.201(b) by adding clarifying language to require
the surrender of a physical driver's license when
courts issue limited driving privileges.
Section 22: This section adds the word "physical" into
Alaska Statute 28.20.560(a) to signify when a customer
whose license or registration is suspended, or whose
policy of insurance or bond is canceled or terminated
shall surrender the physical license to the
department. This section also adds clarifying language
which states if a license isn't surrendered then DMV
should contact the Department of Public Safety to
immediately direct an officer to obtain possession of
the license or registration.
Section 23: This section amends AS 28.22.041(d) to
require the surrender of the physical license when the
DMV issues a limited license following a suspension
for failing to comply with the mandatory insurance
laws.
Section 24: This section amends Alaska Statute
28.33.100 by adding subsection (j) which provides
authority to issue an electronic commercial driver's
license.
Section 25: This section amends Alaska Statute
28.33.140(i) which clarifies that a person
disqualified from driving a commercial motor vehicle
must surrender their physical license to the
department.
Section 26: This section amends Alaska Statute
28.35.034 to state that a person who has their license
or permit revoked under Alaska Statute 28.15.165 or
Alaska Statute 28.15.181 must surrender their physical
license.
Section 27: This section amends Alaska Statute
33.16.150(i)to require that parolees who are ordered
to refrain alcohol must surrender their physical
license and that physical license must be forwarded to
the department.
Section 28: This section provides an immediate
effective date per AS 01.10.070(c).
4:40:33 PM
LAUREN WHITESIDE, Operations Manager, Division of Motor Vehicles
(DMV), Department of Administration (DOA), expressed support for
HB 180. Over the past two years, DMV has worked diligently to
develop and implement the Alaska mobile ID ("MID") as a secure
and convenient digital representation of a driver's license or
state ID that upholds the high standards of security and user
privacy. The MID offers enhanced security features compared to
physical IDs and allows users to control the personal
information they share while allowing them to verify their
identity or age without disclosing unnecessary details. The MID
is stored securely on the user's device and requires user
consent before any information is transmitted. Currently, the
MID is available as a companion to the physical driver's license
or ID cards at no additional cost to residents who choose to opt
in. The DMV is actively working on the application process for
MID acceptance at the U.S. Transportation Security
Administration (TSA) checkpoints and hopes for approval by late
2025.
4:42:57 PM
CHAIR GRAY asked whether the electronic ID would be Real ID
compliant.
MS. WHITESIDE answered yes, the MID would signify whether the
user is Real ID compliant with the Real ID star and a U.S.
Department of Homeland Security (DHS) compliance field to show
either an "F" for fully compliance or an "N" for not compliant.
4:44:04 PM
REPRESENTATIVE MINA asked whether the MID would pertain to other
types of IDs as well, such as prisoner IDs.
MR. DEMOULIN said it's restricted to driver's license and state
ID cards.
4:44:34 PM
CHAIR GRAY asked whether electronic IDs would be accepted from
other states.
MS. WHITESIDE said the answer is multifaceted as some states are
operating on a cooperative research agreement with TSA;
otherwise, all other states are in different stages of working
towards implementing mobile credentials.
CHAIR GRAY sought to confirm that a physical ID would still be
needed to fly through TSA in any other state.
MS. WHITESIDE said the MID would be a companion to the physical
card, which would still be required at all times.
4:47:29 PM
REPRESENTATIVE EISCHEID pointed out that the Municipality of
Anchorage (MOA) passed a mandatory ID check for the sale of
alcohol at restaurants and bars, and asked whether the MID would
qualify as an acceptable form of ID for those sales.
MS. WHITESIDE said the use of the MID would be dependent on
businesses that opt in to become a verifier. She explained that
to accept the ID, the verifying application must be utilized.
4:48:48 PM
REPRESENTATIVE VANCE questioned the purpose of the MID if the
physical ID would still be required.
MS. WHITESIDE said the appeal is identity protection. The
physical IDs show all individual's personal information whereas
the MID would offer the ability to choose which information is
shared. She added that it's a consent driven application that
would also provide convenience.
4:50:05 PM
REPRESENTATIVE VANCE relayed concerns about the contractors that
were selected for the Real IDs; its implementation due to the
biometrics; and data protection. She asked Ms. Whiteside to
address these concerns.
MS. WHITESIDE sought to clarify the question.
REPRESENTATIVE VANCE asked whether Alaskans could still get a
driver license that does not include biometric data.
MS. WHITESIDE responded yes; a noncommercial driver could opt to
get a non-real ID credential.
REPRESENTATIVE VANCE asked whether the Real ID vender is
domestic.
MS. WHITESIDE reported that the state has contracted with Thales
for the past decade to produce its ID credentials. All of
Thales's ID personalization is done in a secure facility in the
U.S., despite being headquartered in France.
REPRESENTATIVE VANCE asked what assurances could be given to the
public about data security.
MS. WHITESIDE said the application was developed using
International Organization for Standardization (ISO) standards
and the American Association of Motor Vehicles Administrators
(AAMVA) best practices guidelines. Further, Alaska is one of
the first five states to be a part of the AAMVA mobile digital
trust services, which means it has undergone the highest type of
audit and was developed with the highest standards of data and
privacy protections.
4:54:49 PM
REPRESENTATIVE KOPP sought to confirm that the current version
of HB 180 would still require the physical license to be carried
when operating a vehicle.
MS. WHITESIDE answered yes.
REPRESENTATIVE KOPP asked whether this policy could be amended
nor or at a later date.
MS. WHITESIDE did not know the answer.
4:56:17 PM
CHAIR GRAY asked whether the DMV had considered expanding this
policy for other types of licenses.
MR. WOLFE said ADF&G already has electronic hunting and fishing
licenses. He added that expanding the policy to include
professional licenses could be considered in the future.
CHAIR GRAY asked whether the verification tool would need to be
purchased by businesses.
MS. WHITESIDE said the verification application is available to
download free of cost.
CHAIR GRAY asked whether it would work for electronic IDs in
other states.
MS. WHITESIDE said it would work for any application developed
under current ISO standards.
4:58:03 PM
REPRESENTATIVE VANCE asked whether DMV had been working with the
Department of Public Safety (DPS).
MS. WHITESIDE answered yes, DMV partnered with DPS since the
beginning.
CHAIR GRAY asked whether the entity verifying the ID could
request to see the customer's physical ID card.
MS. WHITESIDE confirmed that all businesses and law enforcement
would have the ability to set their own policies for MID
acceptance.
5:00:36 PM
CHAIR GRAY announced that HB 180 would be held over.
HB 137-PFD/CHILD SUPPORT
5:00:52 PM
CHAIR GRAY announced that the next order of business would be
HOUSE BILL NO. 137, "An Act relating to permanent fund dividends
for individuals owing child support; and relating to
applications and qualifications for permanent fund dividends for
individuals owing child support."
5:01:15 PM
REPRESENTATIVE EISCHEID moved Amendment 1 to HB 137, labeled 34-
LS0758\A.3, Nauman, 4/16/25, which read:
Page 2, line 13, following "support.":
Insert "For purposes of AS 29.45.030(f),
AS 36.10.005, AS 37.10.210(b)(2), AS 43.23.005(h),
AS 43.40.092(b)(1), AS 43.82.230, or another state
benefit, receipt of a dividend applied for under this
subsection is not evidence of eligibility for, or
receipt of, a permanent fund dividend under
AS 43.23.005 or residency in this state. A dividend
recipient under this subsection is not a dividend
applicant for purposes of AS 43.23.101."
CHAIR GRAY objected.
5:01:24 PM
REPRESENTATIVE EISCHEID explained that Amendment 1 would make
clear that receipt of a dividend under this policy is not
evidence of eligibility or residency.
5:02:21 PM
CHAIR GRAY asked Representative Carrick to provide a recap of
the HB 137 and how Amendment 1 would impact it.
5:02:38 PM
REPRESENTATIVE ASHLEY CARRICK, Alaska State Legislature, as
prime sponsor, said HB 137 would allow the state to apply for
the permanent fund dividend (PFD) on behalf of eligible
residents who are behind on child support and have not filed a
PFD application by the deadline. In response to a question that
was asked during a previous hearing, she reported that there are
30,000 child support cases, of which 20,000 would be eligible
for garnishment.
5:03:49 PM
GRIFFEN SUKKAEW, Staff, Representative Ashley Carrick, Alaska
State Legislature, on behalf of Representative Carrick, prime
sponsor, explained that Amendment 1 would be a safeguard to
protect the State of Alaska from any potential legal issues.
5:05:01 PM
REPRESENTATIVE KOPP asked whether the state is truly that
concerned about someone losing their benefits in another state
if they are not supporting their child on a criminal level in
Alaska.
REPRESENTATIVE CARRICK agreed with the sentiment. She noted
that Amendment 1 was drafted by request of a senator who is
working on the companion bill to address the slim possibility
that the state may be liable [when applying for the PFD on
behalf of individuals] who are not considered residents of
Alaska by another state.
REPRESENTATIVE KOPP sought to confirm that Amendment 1 is not a
matter of making it easier to receive benefits in other states.
CHAIR GRAY shared his understanding that the proposed amendments
would remove the state's liability for applying for a dividend
on behalf of a resident who is not eligible for the PFD. He
asked whether that's correct.
REPRESENTATIVE CARRICK responded in the affirmative.
REPRESENTATIVE VANCE asked to hear from Legislative Legal
Services. She opined that Amendment 1 would undermine every
standard for receiving a dividend. Further, she opined that a
dividend should not be provided unless the recipient is an
eligible resident.
CHAIR GRAY asked whether Representative Carrick was comfortable
with the bill moving out of committee without Amendment 1.
REPRESENTATIVE CARRICK said she's not clear on all the statutes
referenced in Amendment 1 and suggested that it be withdrawn to
be considered in a future committee.
5:11:17 PM
REPRESENTATIVE EISCHEID moved to withdraw Amendment 1. There
being no objection, Amendment 1 was withdrawn.
5:12:03 PM
The committee took a brief at-ease at 5:12 p.m.
5:13:14 PM
REPRESENTATIVE EISCHEID moved Amendment 2 to HB 137, labeled 34-
LS0758\A.2, Nauman, 4/5/25, which read:
Page 1, line 14, following "dividend.":
Insert "The agency shall notify the department
when an individual on the list provided under this
subsection is no longer in arrears."
Page 2, line 13, following "support.":
Insert "The department shall retain the amount of
a dividend that is more than the amount owed for child
support payments in arrears and shall include that
amount in a child support payment in a subsequent year
under this subsection. If the agency notifies the
department that a child support obligation has been
paid in full, the department shall deposit the
remaining amount of a dividend from a prior year into
the permanent fund."
CHAIR GRAY objected for purposes of discussion.
5:13:25 PM
REPRESENTATIVE EISCHEID explained that Amendment 2 would clarify
that if a portion of someone's PFD is garnished for backpay on
child support, the remaining funds would go back into the Alaska
Permanent Fund "the fund".
CHAIR GRAY sought clarification on Amendment 2.
REPRESENTATIVE CARRICK explained that under current law, if
someone owes child support and a portion of their PFD is
garnished, the remainder is distributed to the applicant. In
contrast, Amendment 2 would apply to those dividends being
applied for by the state and clarifies that any remainder would
go back into the fund.
CHAIR GRAY sought to confirm that Amendment 2 would incentivize
people to apply for their own PFD, as they would receive the
remainder owed after garnishment.
[Representative Carrick nodded in the affirmative.]
5:16:21 PM
REPRESENTATIVE KOPP suggested that if the amount of child
support crosses into criminal negligence, the parent could be
eligible for the Victims Compensation Fund. He stressed that he
would only want the state going after people who are in Alaska
and eligible for the dividend.
REPRESENTATIVE CARRICK deferred the question to the Department
of Law.
5:19:55 PM
REPRESENTATIVE KOPP asked whether it would be possible to make
an individual who's owed child support a recipient of [the crime
Victim Compensation Fund] if the amount crosses the threshold
into criminal negligence. Secondly, he asked whether it would
be illegal for the state to apply for a dividend on behalf of an
ineligible individual.
5:21:35 PM
JOHN SKIDMORE, Deputy Attorney General, Criminal Division,
Department of Law (DOL), clarified that he was here to testify
on a different bill and did not know the answer.
REPRESENTATIVE CARRICK pointed out that if obligators are out of
state, they would not be added to DOR's list of applicants for
back owed child support.
5:23:02 PM
CHRIS TRAN, Director, Child Support Enforcement Division,
Department of Revenue (DOR), described the division's screening
process for PFD garnishment from people in arrears on child
support.
5:24:11 PM
REPRESENTATIVE VANCE asked whether Amendment 2 would raise
constitutional concerns based on the remaining amount after
garnishment not being returned to the individual, and instead
deposited back into the fund.
5:25:13 PM
EMILY NAUMAN, Director, Legislative Legal Services, Legislative
Affairs Agency, Juneau, Alaska, said by not applying, the
individual has foregone their interest in receiving the
dividend. Therefore, the state would be garnishing the money
before ever reaching that person.
REPRESENTATIVE VANCE asked whether the department applies for
dividends on behalf of felons in the same manner.
MS. NAUMAN offered to follow up with the specifics of the
Restorative Justice Program.
REPRESENTATIVE VANCE said she wants to ensure that the proposal
is based on precedent and legally sound.
5:27:46 PM
The committee took a brief at-ease at 5:27 p.m.
5:28:25 PM
REPRESENTATIVE EISCHEID moved to withdraw Amendment 2. There
being no objection, Amendment to was withdrawn.
CHAIR GRAY announced that HB 137 was held over.
HB 97-ORG. RETAIL THEFT/FUND;MKTPLACE SALES TAX
5:28:56 PM
CHAIR GRAY announced that the next order of business would be
HOUSE BILL NO. 97, "An Act relating to theft; relating to
organized retail theft; relating to property crimes; relating to
aggravating factors at sentencing; establishing a statewide
marketplace facilitator sales tax; and establishing the
organized retail theft fund in the general fund." [Before the
committee, adopted as the working document on 3/26/25, was the
proposed committee substitute (CS) for HB 97, Version 34-
LS0109\T, C. Radford, 3/25/25 ("Version T").]
5:29:18 PM
REPRESENTATIVE VANCE moved Amendment 1 to Version T, labeled 34-
LS0109\T.3, C. Radford, 4/3/25, which read:
Page 4, line 11:
Delete "knowingly"
Insert "intentionally"
CHAIR GRAY objected.
5:29:56 PM
REPRESENTATIVE VANCE said Amendment 1 would change the word
"knowingly" to "intentionally" to be more specific on the mens
rea.
CHAIR GRAY asked Mr. Skidmore to speak to the difference between
knowingly and intentionally in terms of the payment of wages.
5:31:22 PM
MR. SKIDMORE said the difference is being aware of the conduct
versus having a conscious objective of the conduct. He added
that both terms are defined in Alaska statutes. In response to
a follow up question from Chair gray, he said if Amendment 1
were to pass, the state would have to prove that it was the
employer's conscious objective not to pay the employee, as
opposed to being aware and disregarding.
5:33:53 PM
REPRESENTATIVE KOPP opined that wage theft doesn't seem to
address legal justification. He shared examples and suggested
adding language to make it clear that there could be a valid
reason [to not pay one's employees the agreed upon wage].
CHAIR GRAY restated Representative Kopp's question, asking
whether there is legal justification not to pay the employee's
agreed upon wage.
5:36:36 PM
MR. SKIDMORE did not know how the scenario posed by
Representative Kopp would fit into the requirements under Title
23 or what the legal justification would be. He referred to
page 4, explaining that wage theft would be committed if the
employer fails to pay an employee or independent contractor
their wage, salary, or agreed upon compensation.
5:41:06 PM
REPRESENTATIVE EISCHEID asked Mr. Skidmore to restate the
standard of proof for both knowingly and intentionally.
MR. SKIDMORE said the burden of proof does not change because
the prosecutor must prove the elements of the crime beyond a
reasonable doubt. Elements fall between two categories: mens
rea and actus rea. He shared an example. He added that
Amendment 1 would increase the mens rea to a conscious
objective, which when including felony penalties, is beneficial
to prosecutors.
5:44:46 PM
REPRESENTATIVE UNDERWOOD asked whether both knowingly and
intentionally could be included.
MR. SKIDMORE said using both terms would be problematic.
CHAIR GRAY maintained his objection.
5:47:19 PM
REPRESENTATIVE VANCE, in wrap up, stated that "intentionally" is
justified because this section of law pertains to felonies and
would provide the according distinction.
5:48:27 PM
A roll call vote was taken. Representatives Underwood, Mina,
Eischeid, Vance, and Kopp voted in favor of Amendment 1.
Representative Gray voted against it. Therefore, Amendment 1
was adopted by a vote of 5-1.
5:49:03 PM
The committee took a brief at-ease at 5:49 p.m.
5:50:05 PM
CHAIR GRAY announced that HB 97 was held over.
HB 156-DISCLOSURE OF WAGE INFORMATION
5:50:16 PM
CHAIR GRAY announced that the final order of business would be
HOUSE BILL NO. 156, "An Act relating to disclosure of
information regarding employee compensation by employers,
employees, and applicants for employment."
5:50:41 PM
REPRESENTATIVE MINA, as prime sponsor, presented HB 156. She
said the bill seeks to improve Alaska's competitive labor market
and strengthen the workforce by standardizing fair and
transparent hiring practices. Additionally, it aims to bring
Alaska in line with national standards by promoting pay
transparency and ensuring fair compensation practices in the
workplace. It supports both employees and responsible employers
through clear, consistent, and equitable presentations.
5:51:48 PM
MAKAYLA WILSON, Staff, Representative Genevieve Mina, Alaska
State Legislature, on behalf of Representative Mina, prime
sponsor of HB 97, presented the sectional analysis [included in
the committee packet], which read as follows [original
punctuation provided]:
Sec. 1: Amends AS 23.10 Employment Practices and
Working Conditions by adding Article 9. Disclosure of
Employee Compensation and the following sections:
• Sec. 23.10.700. Disclosure of Discussion Wages:
(a) Requires job postings to include a salary or
salary range.
(b) Allows applicants and employees to discuss current
wage, prohibits employers from asking applicants about
their salary history with another employer
(c) Clarifies that nothing in this section obligates
an employee or applicant to disclose their
compensation, prohibits an employee or applicant from
voluntarily disclosing, or prohibits an employer from
using information that is voluntarily disclosed under
this subsection when determining the salary of an
employee or applicant.
• Sec. 23.10.705 Posting Summary Required requires an
employer to post information summarizing the bill's
provisions.
• Sec. 23.10.710 Retaliation Prohibited prohibits an
employer from retaliating against an employee for
exercising a right under the bill.
• Sec. 23.10.715 Damages for Retaliation allows an
employee to file a civil claim against an employer if
the employer retaliates.
• Sec. 23.10.720 Statute of Limitations gives an
employee no more than 3 years after a violation to
file a civil claim.
• Sec. 23.10.725 Penalty creates a fine between $100-
$2000 for violations and directs the Department of
Labor and Workforce Development Commissioner to
determine the amount. An employer may, at the
discretion of the Commissioner, reduce the fine or
correct the violation by conducting an audit.
• Sec. 23.10.735 Regulations adds language directing
the Department of Labor and Workforce Development
Commissioner to implement and interpret this bill and
adopt regulations accordingly.
• Sec. 23.10.790 Definitions exempts independent
contractors from the definition of "employee." Defines
an "employer" as the state, the University of Alaska,
the Alaska Railroad Corporation, a political
subdivision of the state, and a person who employs one
or more employees.
Sec. 2: Amends the uncodified law of the State of
Alaska by adding a new section specifying that this
Act applies to compensation for services performed on
or after the effective date of this Act.
5:54:35 PM
DR. MICHAEL WALSH, Vice President of Public Policy, The Four
Acre Group, expressed support for HB 156, explaining that the
emerging data could help the Four Acre Group's work on gender
pay equity. He said the bill would help with recruiting and
retaining Alaska workers across all sectors of Alaska's economy.
He said there is considerable documented research showing that
pay transparency laws support all workers in their job search.
He said Alaska would not be the first state to incorporate pay
transparency and would not want to be the last to adopt this
commonsense solution. it would help with recruitment and
retention of the workforce.
CHAIR GRAY asked which other states enacted similar laws.
MR. WALSH estimated that there are 22 states with wage
transparency requirements.
5:59:42 PM
REPRESENTATIVE MINA reiterated that HB 156 would require
employers to include salary ranges in job postings. It would
protect workers' rights by enshrining in state law the National
Labor Relations Act (NLRA) provision for employees to openly
discuss to their compensation without fear of retaliation from
employers. It would also prohibit employers from asking
applicants about their salary history.
6:00:34 PM
CHAIR GRAY announced that HB 156 was held over.
6:01:07 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 6:01 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 156 A.pdf |
HJUD 4/16/2025 1:00:00 PM |
HB 156 |
| HB 156 FN Labor Workforce Dev.pdf |
HJUD 4/16/2025 1:00:00 PM |
HB 156 |
| HB 156 LOS AFL-CIO 04.09.25.pdf |
HJUD 4/16/2025 1:00:00 PM |
HB 156 |
| HB 156 LOS IBEW 04.11.25.pdf |
HJUD 4/16/2025 1:00:00 PM |
HB 156 |
| HB 156 LOS NAACP 04.09.25.pdf |
HJUD 4/16/2025 1:00:00 PM |
HB 156 |
| HB 156 Sectional Analysis Version A.pdf |
HJUD 4/16/2025 1:00:00 PM |
HB 156 |
| HB 156 Sponsor Statement Version A.pdf |
HJUD 4/16/2025 1:00:00 PM |
HB 156 |
| HB 180 Sectional Analysis version A 4.9.25.pdf |
HJUD 4/16/2025 1:00:00 PM |
HB 180 |
| HB 180 Hearing Request 4.9.25.pdf |
HJUD 4/16/2025 1:00:00 PM |
HB 180 |
| HB 180 version A.pdf |
HJUD 4/16/2025 1:00:00 PM |
HB 180 |
| HB 180 FN DOA-DMV.pdf |
HJUD 4/16/2025 1:00:00 PM |
HB 180 |
| HB 97 Amendment 4 Gray.pdf |
HJUD 4/16/2025 1:00:00 PM |
HB 97 |
| HB 97 Amendment 2 Gray.pdf |
HJUD 4/16/2025 1:00:00 PM |
HB 97 |
| HB 97 Amendment 3 Gray.pdf |
HJUD 4/16/2025 1:00:00 PM |
HB 97 |
| HB 97 Amendment 1 Vance.pdf |
HJUD 4/16/2025 1:00:00 PM |
HB 97 |
| HB 156 Support Letter AFL-CIO.pdf |
HJUD 4/16/2025 1:00:00 PM |
HB 156 |
| HB97 (H) Judiciary Response Letter 4-9-25.pdf |
HJUD 4/16/2025 1:00:00 PM |
HB 97 |
| HB 137 Sectional Analysis Version A.pdf |
HJUD 4/16/2025 1:00:00 PM |
HB 137 |
| HB 137 Sponsor Statement Version A.pdf |
HJUD 4/16/2025 1:00:00 PM |
HB 137 |
| HB 137 Amendment 2 Eischeid.pdf |
HJUD 4/16/2025 1:00:00 PM |
HB 137 |
| HB 137 Amendment 1 Eischeid.pdf |
HJUD 4/16/2025 1:00:00 PM |
HB 137 |