02/18/2025 03:15 PM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB75 | |
| HB25 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 25 | TELECONFERENCED | |
| *+ | HB 75 | TELECONFERENCED | |
| *+ | HB 91 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
February 18, 2025
3:18 p.m.
DRAFT
MEMBERS PRESENT
Representative Ashley Carrick, Chair
Representative Andi Story, Vice Chair
Representative Rebecca Himschoot
Representative Ky Holland
Representative Sarah Vance
Representative Kevin McCabe
Representative Elexie Moore
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 75
"An Act relating to national criminal history record checks for
certain employees of the Department of Revenue; relating to
allowable absences for eligibility for a permanent fund
dividend; relating to the confidentiality of certain information
provided on a permanent fund dividend application; relating to
electronic notice of debt collection executed on a permanent
fund dividend; and providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 25
"An Act relating to disposable food service ware; and providing
for an effective date."
- HEARD & HELD
HOUSE BILL NO. 91
"An Act relating to the lawful operation of retail marijuana
stores; relating to marijuana cultivation; relating to the
registration of marijuana establishments; relating to marijuana
taxes; relating to the duties of the Department of Revenue; and
providing for an effective date."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: HB 75
SHORT TITLE: PERM FUND; EMPLOYMENT; ELIGIBILITY
SPONSOR(s): REPRESENTATIVE(s) BYNUM
01/31/25 (H) READ THE FIRST TIME - REFERRALS
01/31/25 (H) STA, L&C
02/18/25 (H) STA AT 3:15 PM GRUENBERG 120
BILL: HB 25
SHORT TITLE: DISPOSABLE FOOD SERVICE WARE
SPONSOR(s): REPRESENTATIVE(s) JOSEPHSON
01/22/25 (H) PREFILE RELEASED 1/10/25
01/22/25 (H) READ THE FIRST TIME - REFERRALS
01/22/25 (H) STA, L&C
02/18/25 (H) STA AT 3:15 PM GRUENBERG 120
WITNESS REGISTER
REPRESENTATIVE JEREMY BYNUM
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, introduced HB 75.
TREVOR SHAW, Staff
Representative Jeremy Bynum
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: On behalf of Representative Bynum, prime
sponsor, offered the sectional for HB 75 and responded to
questions.
REPRESENTATIVE ANDY JOSEPHSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, introduced HB 25.
KEN ALPER, Staff
Representative Andy Josephson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: On behalf of Representative Josephson,
prime sponsor, answered questions about HB 25.
ACTION NARRATIVE
3:18:56 PM
CHAIR ASHLEY CARRICK called the House State Affairs Standing
Committee meeting to order at 3:18 p.m. Representatives Story,
Moore, McCabe, Holland, Himschoot, and Carrick were present at
the call to order. Representative Vance arrived as the meeting
was in progress.
HB 75-PERM FUND; EMPLOYMENT; ELIGIBILITY
[Contains discussion of SB 77.]
3:19:53 PM
CHAIR CARRICK announced that the first order of business would
be HOUSE BILL NO. 75, "An Act relating to national criminal
history record checks for certain employees of the Department of
Revenue; relating to allowable absences for eligibility for a
permanent fund dividend; relating to the confidentiality of
certain information provided on a permanent fund dividend
application; relating to electronic notice of debt collection
executed on a permanent fund dividend; and providing for an
effective date."
3:20:14 PM
REPRESENTATIVE JEREMY BYNUM, Alaska State Legislature, as prime
sponsor, introduced HB 75. He said this bill would do a few
things, mostly it would provide mechanisms to clean up a few
housekeeping items and it would make provisions to protect
Merchant Marines. He said the permanent fund dividend (PFD) is
a cornerstone of economic stability for many residents and
outdated regulations have created burdens on Alaskans pursuing
academia, healthcare, or other interests. He said HB 75 would
work to both modernize allowable absences and improve
administrative efficiency and security. He remarked that the
proposed bill would treat the Merchant Marine Academy the same
as attending college. It would allow Alaskans to attend this
technical training without losing PFD eligibility. He also said
it would provide relief for college students who cannot return
home during breaks. It also would modernize the rules
pertaining to absences regarding healthcare. He said HB 75
would also require fingerprint background checks for PFD
employees who handle sensitive data, and it would ensure that
PFD applicant details are confidential. Both actions would help
address PFD security measures for applicants using sensitive
data. It also would allow residents to opt-in for the
electronic levy notice which would slash costs with printing and
mailing. He said the opt-in is optional and the previous
standards would still stand in place. By making these changes
it would help strengthen the PFD and modernize it to the
benefits of the residents.
3:23:27 PM
TREVOR SHAW, Staff, Representative Jeremy Bynum, Alaska State
Legislature, on behalf of Representative Bynum, prime sponsor,
discussed HB 75. He said this is a nearly identical companion
bill to Senator Jesse Kiehl's SB 77. He said that many of the
material provisions on HB 75 were included on Senate Bill 85,
offered at the request of the governor during the Thirty-Third
Alaska State Legislature, but it was not pass.
MR. SHAW offered the sectional analysis for HB 75: [provided in
committee file], which read as follows [original punctuation
provided]:
Section 1. Requires the Permanent Fund Division to
conduct background checks on and fingerprint its
employees and applicants for employment within the
Division.
Section 2. Modifies the allowable absences for
Permanent Fund Dividend eligibility to include:
• Absences for school breaks and holiday, not
including summer break, during the academic year.
• Education (1) to become a merchant mariner, and
(2) through other vocational programs approved by the
United States Coast Guard.
• Prevents medical absences from limiting the
length of voluntary absences.
Section 3. Aligns to Sect 1., requiring the Permanent
Fund Division to conduct background checks on and
fingerprint its employees and applicants for
employment within the Division.
Section 4. Makes the names of Permanent Fund Dividend
applicants confidential.
Section 5. Allows an opt-in option for Permanent Fund
Dividend recipients to receive levy notices
electronically.
Section 6. Establishes an effective date of January 1,
2026.
MR. SHAW, after discussing the sectional analysis for HB 75,
remarked that various institutions have submitted letters of
approval for both HB 75 and SB 77. These include the Alaska
Chamber, Tote Maritime Alaska, and Matson Shipping. He
explained the slight differences between both SB 77 and HB 75
and closed by remarking the HB 75 has a zero fiscal note.
3:29:08 PM
REPRESENTATIVE MCCABE asked what the impetus was for adding the
"boat tech program" that trains students for the Merchant
Marines. He asked if it was a constituent request and what
prompted it.
REPRESENTATIVE BYNUM responded that Alaska as a whole and
specifically Southeast is a heavy maritime economy. The
proposed bill tries to ensure that mariners receive the same
benefits as others that receive education outside of the state.
MR. SHAW added that the thought process behind this was that
every other program that is credentialed by the US Military is
covered under the existing allowable absences for the PFD. The
intent is to expand that to other programs covered by the United
States Coast Guard as well.
REPRESENTATIVE MCCABE said that he was interested in an
amendment for the same reasons. He said there are thousands of
freight pilots in Alaska that have frequent absences from the
state. He asked if this would be an appropriate amendment to
add to the bill.
REPRESENTATIVE BYNUM replied that it could be considered but
inquired whether the consideration was for educational purposes
or general employment.
REPRESENTATIVE MCCABE responded that there are several airline
pilots that own homes and live in the state. He remarked that
many of the airline employers have pilots gone for extended
periods of time. He said training could take months long and in
different states. He remarked that for several years he did not
receive the dividend for this exact same reason.
REPRESENATIVE BYNUM responded that he would need to see the
specific language and it could be considered.
3:33:09 PM
REPRESENTATIVE STORY remarked that there are two other branches
of service that had not been included, and she has tried to get
allowable absences for. These include the National Oceanic and
Atmospheric Administration (NOAA) Commissioned Officer Corps and
the Commission of the United States Public Health Service. She
said both these branches have had reasons for extended absences.
She said that she would give information regarding an amendment
to add to the bill. She also said she has spoken to the prime
sponsor of the companion bill [SB 77] regarding this topic.
REPRESENTATIVE STORY said she was curious to what the reasoning
for background checks was and whether there was a report of an
instance that warrants these checks.
MR. SHAW responded that the impetus behind this specific
provision is that PFD employees have access to a lot of
sensitive information and are among the few if not only state
employees that have access to social security numbers, addresses
and bank account information. The provision that would require
background checks and fingerprinting would be the same
requirements for other professions. He said some of the other
professions that require these same background checks often
don't even have access to the same degree of sensitive
information. He said this was part of the governor's request
from Senate Bill 85 during the last legislative session. He
said the Federal Bureau of Investigation (FBI) cannot do this
for state employees unless it receives statutory authorization
to do so.
REPRESENTATIVE STORY asked if there had been any documented
cases in which sensitive information handling had gone awry.
MR. SHAW responded that this hadn't happened yet, and this
provision would be a preventive measure.
3:36:31 PM
REPRESENTATIVE HIMSCHOOT asked what the current vacancy rate was
with the Permanent Fund Division.
MR. SHAW responded that he would be guessing if he threw out a
number but could follow-up with that information.
REPRESENTATIVE HIMSCHOOT asked if breaks or holidays were
specifically defined in the proposed bill.
MR. SHAW responded that it is not specifically defined and
that's why the additional language exists that talks about the
academic calendar year. He said that specific provision could
have variance depending on the educational institution's
individual calendar.
REPRESENTATIVE HIMSCHOOT asked about a mental health break or a
work break and where that would land with this language.
MR. SHAW said that the break would be defined by the
institution. This includes spring break; however, summer breaks
wouldn't be included in this provision.
REPRESENTATIVE HIMSCHOOT remarked that she had some allowances
that were requested by her district. She said that she also had
an amendment that might be offered if others would be added.
3:39:07 PM
CHAIR CARRICK remarked that she understood that the Department
of Revenue had asked about this provision in the past. She said
that confidentiality for the applicants wasn't something that
she had heard about and asked Representative Bynum if he could
describe the impetus for this.
REPRESENATIVE BYNUM responded that it is an important aspect of
when discussing the information that is available and making
sure the citizens had confidential information. He said that
voter records were publicly available, but it was not tied to
monetary or financial information.
MR. SHAW added that it comes from a couple angles. First is
that it follows the same impetus as the changes for
fingerprinting and background checks. He said that with voter
information so readily available in communities with an aging
population that it is a theft prevention measure. He said that
unless there are specific reasons for personalized information,
the information would remain confidential. He said that the
theft component was one side of it and tightening things up
would address this. He said there have been times when division
employees have released the names of PFD applicants. He said in
work with the companion bill SB 77, this was a point of
discussion.
CHAIR CARRICK said that she didn't know that this information
was accessible to the public and she was interested to learn
more.
REPRESENATIVE BYNUM added that this would not prevent the
release of any court ordered information or requested
information for financial institutions. Its purpose is just to
protect the PFD recipients.
3:42:50 PM
REPRESENTATIVE MOORE asked if work was conducted with the
Permanent Fund Division to develop the policies on HB 75.
REPRESENATIVE BYNUM responded that a lot of the bill mechanics
were from the previous governor's bill Senate Bill 85. He said
those requests on the previous bill were coordinated with the
Permanent Fund Division. He said the component specifically
about the Merchant Marine Academy was to talk about schooling
opportunities and to align them with other uniform services. He
said that he would need to go back and see whether this was a
specific recommendation or not.
3:43:58 PM
REPRESENTATIVE HOLLAND asked how many Merchant Marines are based
in Alaska. He remarked that his grandfather was one and he had
constituents that were Merchant Marines. He remarked that these
were important jobs in the state.
REPRESENATIVE BYNUM responded that he would get information to
follow-up with this inquiry. He also said that the Merchant
Marine Academy is open for other folks to go and learn various
trades without a service obligation to the Merchant Marines. He
said it could be broader for the maritime industry in Alaska.
3:45:14 PM
REPRESENTATIVE STORY commented that it was one of Don Youngs
desires that this exemption be put in place.
MR. SHAW in follow-up regarding Representative Moore's previous
question, said that the specific language regarding the merchant
marines was in the governor's original bill; the provisions
related to fingerprinting and background checks were also
included. He said there is a lot of opportunity for cross-
referencing of personal information, and this was a point of
discussion.
3:46:51 PM
CHAIR CARRICK after ascertaining that there were no additional
questions from committee members, announced that HB 75 was held
over.
3:47:02 PM
The committee took an at-ease from 3:47 p.m. to 3:48 p.m.
HB 25-DISPOSABLE FOOD SERVICE WARE
3:48:15 PM
CHAIR CARRICK announced that the final order of business would
be HOUSE BILL NO. 25 "An Act relating to disposable food service
ware; and providing for an effective date."
3:48:44 PM
REPRESENTATIVE ANDY JOSEPHSON, Legislator, Alaska State
Legislature, as prime sponsor, introduced HB 25 with a
PowerPoint presentation. [hard copy included in committee
file.] He said HB 25 would ban or restrict restaurant use of
polystyrene, commonly called Styrofoam. He said that
polystyrene came to his attention as a source of concern when he
attended the 2019 National Caucus of Environmental Legislators.
He said that there are bipartisan legislators that attend this
event. He learned here that Maryland was the first state to
restrict the use of polystyrene, and since that time about 12
states have joined Maryland by adding restrictions and there are
at least 250 cities that restrict this product. He said he
brought this bill forward given previous microbead legislation
and other discussions. He said that the Matanuska-Susitna
("Mat-Su") Valley had moved forward to ban plastic bags and
several cities have followed suit as well.
REPRESENTATIVE JOSEPHSON said polystyrene is an insidious
product and creates a climate footprint that alternative
products would not. He said that polystyrene is a significant
environmental pollutant, it does not degrade, it breaks into
pieces, and it travels easily. He remarked that it is
particularly problematic in water bodies. He said that it is a
plastic, and it degrades into microplastics and creates a severe
risk to wildlife and human health. He said that it is composed
of the chemical styrene, and it has been linked to multiple
health ailments including cancer. He said that this chemical
can harm the respiratory tract, cause eye irritation,
gastrointestinal ailments, and vision and hearing problems as
well. He said the by-product from leeching, and it's broken
down microparticulate can cause serious problems for wildlife.
He said that this product is not recyclable but often included
in recycling efforts and causes recycling issues for products
exposed to it. He said that chemical recycling is not an
effective solution for polystyrene, and it creates other health
hazards and waste. He spoke about the availability of
alternative materials that can act as substitutes for this
product.
REPRESENTATIVE JOSEPHSON said that more than 50 chemical
byproducts are released during the manufacturing process, and
this also causes serious implications. He remarked that
polystyrene is a problem on the production end and the pollution
end. He said that plant-based material substitutes do not
create the same environmental hazards. He remarked that one
study found that while polystyrene was 1 percent of waste, it
constituted 10-40 percent of all litter found on streams. It
takes up to 500 years to biodegrade. Representative Josephson
said that he felt there was a duty as an Alaskan to participate
in solving this plastic crisis. He said that in conjunction
with the Alaska Committee Action on Toxics, this is the pathway
that should be considered.
REPRESENTATIVE JOSEPHSON said that the proposed bill does have
some carveouts. It would not restrict products coming to Alaska
that are already wrapped in polystyrene. He said that the
proposed bill would not interrupt interstate commerce. He said
it would also allow the Department of Environmental Conservation
(DEC) to entertain exemptions if alternatives are not available
at a fiscally feasible standpoint. He said that multiple
documents were available that discuss the need for this
legislation. He said that one such document claims that food
ware products are the most common way Americans interact with
Styrofoam. He said packaging can also cause leeching concerns.
He said that daily collected plastic waste could fill the
entirety of the Dallas Cowboys Stadium. He said that Styrofoam
products alone could fill-up four Dallas Cowboys stadiums in a
single year.
3:58:50 PM
CHAIR CARRICK mentioned that some companies are trying to reduce
Styrofoam waste. She asked why enact legislation to force
companies to do this as opposed to letting the free market
eliminate it.
REPRESENTATIVE JOSEPHSON responded that he had been visited by
the American Chemistry Council, and they opposed the
legislation. He said that people will not automatically
prescribe to a trend. He said that 69 countries have banned the
product and 250 cities have. He said it is a hazard to the
fisheries and Alaska is uniquely vulnerable in that respect. He
also noted that there are alternatives available, and he thinks
that an incentive is needed, and in this case, it is a
restriction with a start in restaurants. He said this bill
would not disable the industry and currently alternatives were
used by some cities including Juneau.
CHAIR CARRICK remarked that Alaska has a few communities with
local bans and this issue was something that many local
communities have discussed.
REPRESENTATIVE JOSEPHSON added that the bans were in Bethel,
Cordova, and Seward. Interestingly, Bethel and Cordova were
leaders in banning plastic bags. He said these were local
communities that worked through their city councils. He opined
that the state would benefit from this type of restriction.
4:01:42 PM
REPRESENTATIVE HOLLAND remarked that he was curious to how this
proposed bill would potentially create opportunities for market
alternatives. He asked what Representative Josephson has seen
in the country when these restrictions go into place and what
opportunities were there.
REPRESENTATIVE JOSEPHSON responded that he shares Representative
Holland thoughts and there could be new enterprises to adapt to
the changing conditions. He noted that even Senator Dan
Sullivan has been combatting plastic waste, particularly in the
ocean. He said that there is a business in Anchorage that
creates alternatives to linear recycling and briefly discussed
the business. He said that he knows that people can adapt, and
Juneau was a testament to that. He also said that a letter of
support was available to highlight this.
4:03:57 PM
REPRESENTATIVE VANCE asked how prevalent the use of styrofoam is
in Alaska. She remarked that in Homer, the market demand has
made changes to the type of food ware used. She said that she
doesn't run into Styrofoam in her community and said she doesn't
recall the last time she used a Styrofoam cup. She also asked
if it would impact the bottom line and whether local
alternatives were available that have a reasonable price point.
REPRESENTATIVE JOSEPHSON responded that he doesn't know how
prevalent it is. He remarked that while visiting Shuyak Island
in the Kodiak Archipelago, the beaches were covered in plastic
that came from Asia. He said he views this bill as comparable
to climate mitigation efforts in Alaska. He said that Alaska is
certainly less than 1 percent of the problem and said the bill
aims to further restrict this type of waste. He remarked that
given his previous research, this bill is 1 of 100 steps that
need to be taken to address plastic waste. He said lives have
been easy and comfortable using Styrofoam and recognized that
change may mean less convenience.
4:06:58 PM
REPRESENTATIVE HIMSCHOOT asked how this proposed bill would be
enforced. She remarked on previous clean-up efforts on the
Kodiak Archipelago and the vast amount of waste. She remarked
that she was not sure how it would work.
REPRESENTATIVE JOSEPHSON said that he would need to check DEC
regulatory authority and remarked that HB 25 also would prevent
the state from procuring these types of products. He said it is
an outright restriction.
KEN ALPER, Staff, Representative Josephson, Alaska State
Legislature, on behalf of Representative Josephson, prime
sponsor of HB 25, added that he did not have a direct answer.
He remarked that this is a regulatory statute, and the Food,
Drug and Cosmetic Act deals with restrictions in Alaska. He did
not know if it was complaint-based enforcement and did not know
whether the Department of Environmental Conservation was
conducting inspections or what the enforcement mechanism would
be. He said that DEC would be contacted prior to the next
hearing.
4:09:01 PM
CHAIR CARRICK remarked that looking at the impact of
bioaccumulation and microplastics in mammal populations, this
was a huge issue. She asked if Representative Josephson had any
information or could follow-up with information regarding what
proportions of bioaccumulation are a result from microplastics
as opposed to other contaminates.
REPRESENTATIVE JOSEPHSON responded that he was thinking about
meetings with a professional in the last two years and remarked
that had done research on this. He said studies on lakes,
estuaries and other water bodies were conducted and that
information could be forwarded. He said that one thing that is
known is that the Arctic is a plastic sinkhole because of the
movement of oceanic currents. He said someone would think that
this area would be pristine, but in reality, it is not. He said
research has been done on microplastics in general.
4:11:13 PM
REPRESENTATIVE STORY remarked that the fiscal note didn't
include any costs to DEC. She said that she understood that the
department does not visit facilities as frequently as liked and
this is a caution for enforceability. She asked what food
service providers think of the proposed bill.
REPRESENTATIVE JOSEPHSON responded that HB 25 was filed in the
previous term, and he still needed to make those inquiries. He
said that the research paperwork provided to the committee
suggest that the American People are willing to make this
adjustment and find alternatives.
REPRESENTATIVE STORY noted that many restaurants in the Juneau
area have taken steps to use food ware that is more
biodegradable. She said that she reached out to some industry
members and felt there was some receptivity to this idea.
REPRESENTATIVE JOSEPHSON asked if there was enough time for Mr.
Alper to proceed with a PowerPoint presentation pertaining to
the bill.
CHAIR CARRICK responded that there was not enough time
remaining.
4:13:58 PM
REPRESENTATIVE JOSEPHSON stated that there was an upcoming
"lunch and learn" opportunity that discusses plastic pollution
and its health implications. He noted that Ms. Pam Miller was
an Alaska resident and professional expert on this issue and
would be presenting for this event. He concluded that the
current use of plastics is unsustainable.
4:14:56 PM
CHAIR CARRICK announced that HB 25 was held over.
4:15:59 PM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 4:15
p.m.