03/29/2022 03:00 PM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB142 | |
| HB271 | |
| HB251 | |
| HB203 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 142 | TELECONFERENCED | |
| += | HB 271 | TELECONFERENCED | |
| += | HB 251 | TELECONFERENCED | |
| *+ | HB 203 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
March 29, 2022
3:08 p.m.
MEMBERS PRESENT
Representative Jonathan Kreiss-Tomkins, Chair
Representative Matt Claman, Vice Chair
Representative Geran Tarr
Representative Andi Story
Representative Sarah Vance
Representative James Kaufman
Representative David Eastman
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 142
"An Act relating to eligibility for the permanent fund
dividend."
- HEARD & HELD
HOUSE BILL NO. 271
"An Act relating to the Alaska Industrial Development and Export
Authority; and providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 251
"An Act relating to the Board of Trustees of the Alaska
Permanent Fund Corporation; and providing for an effective
date."
- HEARD & HELD
HOUSE BILL NO. 203
"An Act establishing the offense of misconduct involving weapons
in the sixth degree."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 142
SHORT TITLE: PFD ELIGIBILITY
SPONSOR(s): REPRESENTATIVE(s) MCCARTY
03/20/21 (H) READ THE FIRST TIME - REFERRALS
03/20/21 (H) STA, JUD, FIN
04/09/21 (H) STA REFERRAL MOVED TO AFTER JUD
04/09/21 (H) BILL REPRINTED
04/21/21 (H) JUD AT 1:00 PM GRUENBERG 120
04/21/21 (H) Heard & Held
04/21/21 (H) MINUTE(JUD)
04/26/21 (H) JUD AT 1:00 PM GRUENBERG 120
04/26/21 (H) Moved CSHB 142(JUD) Out of Committee
04/26/21 (H) MINUTE(JUD)
04/28/21 (H) JUD RPT CS(JUD) NEW TITLE 3DP 2NR 1AM
04/28/21 (H) DP: SNYDER, KREISS-TOMKINS, CLAMAN
04/28/21 (H) NR: EASTMAN, DRUMMOND
04/28/21 (H) AM: VANCE
04/29/21 (H) STA AT 3:00 PM GRUENBERG 120
04/29/21 (H) Heard & Held
04/29/21 (H) MINUTE(STA)
05/04/21 (H) STA AT 3:00 PM GRUENBERG 120
05/04/21 (H) Heard & Held
05/04/21 (H) MINUTE(STA)
05/19/21 (H) FIN AT 9:00 AM ADAMS 519
05/19/21 (H) -- MEETING CANCELED --
02/08/22 (H) STA AT 3:00 PM GRUENBERG 120
02/08/22 (H) Heard & Held
02/08/22 (H) MINUTE(STA)
03/22/22 (H) STA AT 3:00 PM GRUENBERG 120
03/22/22 (H) Scheduled but Not Heard
03/29/22 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 271
SHORT TITLE: AIDEA: MEMBERSHIP; RESPONSIBILITIES
SPONSOR(s): REPRESENTATIVE(s) JOSEPHSON
01/18/22 (H) PREFILE RELEASED 1/14/22
01/18/22 (H) READ THE FIRST TIME - REFERRALS
01/18/22 (H) STA, FIN
03/17/22 (H) STA AT 3:00 PM GRUENBERG 120
03/17/22 (H) Heard & Held
03/17/22 (H) MINUTE(STA)
03/29/22 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 251
SHORT TITLE: BD OF TRUSTEES OF THE AK PERM. FUND CORP.
SPONSOR(s): REPRESENTATIVE(s) JOSEPHSON
01/18/22 (H) PREFILE RELEASED 1/7/22
01/18/22 (H) READ THE FIRST TIME - REFERRALS
01/18/22 (H) STA, FIN
02/03/22 (H) STA AT 3:00 PM GRUENBERG 120
02/03/22 (H) Heard & Held
02/03/22 (H) MINUTE(STA)
02/10/22 (H) STA AT 3:00 PM GRUENBERG 120
02/10/22 (H) Scheduled but Not Heard
03/29/22 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 203
SHORT TITLE: MISCONDUCT INVOLVING WEAPONS
SPONSOR(s): REPRESENTATIVE(s) WOOL
05/05/21 (H) READ THE FIRST TIME - REFERRALS
05/05/21 (H) STA, JUD
03/29/22 (H) STA AT 3:00 PM GRUENBERG 120
WITNESS REGISTER
JEFF STEPP, Staff
Representative Jonathan Kreiss-Tomkins
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided an explanation of changes in the
proposed CS for HB 142, Version W, on behalf of Representative
Kreiss-Tomkins.
ANNA MACKINNON, Director
Permanent Fund Dividend Division
Department of Revenue
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
142.
REPRESENTATIVE KEN MCCARTY
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
142, as the prime sponsor.
REPRESENTATIVE ANDY JOSEPHSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided introductory remarks on HB 271, as
the prime sponsor.
DAN CANNON
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 271.
JOHN SONIN
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing on HB 271.
GABRIEL KITTER
Wasilla, Alaska
POSITION STATEMENT: Testified in support of HB 271.
ARLEIGH HITCHCOCK
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 271.
ANNA GODDUHN
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 271.
MARGI DASHEVSKY
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 271.
MARGARET STERN
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 271.
LOIS EPSTEIN, President
LNE Engineering and Policy
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 271.
ELISE SORUM-BIRK, Staff
Representative Andy Josephson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
271, on behalf of Representative Josephson, prime sponsor.
REPRESENTATIVE ANDY JOSEPHSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided introductory remarks on HB 251, as
the prime sponsor.
REPRESENTATIVE ADAM WOOL
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced HB 203, as the prime sponsor.
ASHLEY CARRICK, Staff
Representative Adam Wool
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided a PowerPoint presentation, titled
"HB 203; secure storage of firearms," on behalf of
Representative Wool, prime sponsor.
SARA SUMADI, Associate Director of State Affairs
Everytown For Gun Safety
New York, New York
POSITION STATEMENT: Provided invited testimony during the
hearing on HB 203.
MICHAEL DOUGHERTY, District Attorney
District Attorney's Office
Boulder, Colorado
POSITION STATEMENT: Answered questions during the hearing on HB
203.
ACTION NARRATIVE
3:08:02 PM
CHAIR JONATHAN KREISS-TOMKINS called the House State Affairs
Standing Committee meeting to order at 3:08 p.m.
Representatives Vance, Kaufman, Story, Claman, Eastman, and
Kreiss-Tomkins were present at the call to order.
Representative Tarr arrived as the meeting was in progress.
HB 142-PFD ELIGIBILITY
3:10:03 PM
CHAIR KREISS-TOMKINS announced that the first order of business
would be HOUSE BILL NO. 142, "An Act relating to eligibility for
the permanent fund dividend." [Before the committee was CSHB
142(JUD).]
3:10:46 PM
REPRESENTATIVE CLAMAN moved to adopt the proposed committee
substitute (CS) for HB 142, labeled 32-LS0491\W, Nauman,
3/28/22, as the working document.
REPRESENTATIVE EASTMAN objected.
3:11:20 PM
JEFF STEPP, Staff, Representative Jonathan Kreiss-Tomkins,
Alaska State Legislature, provided an explanation of changes in
the proposed CS, ("Version W"), on behalf of Representative
Kreiss-Tomkins. He explained that Version W included three
major changes: Firstly, the 72-hour rule was changed to a 168-
hour rule; Secondly, Version W deleted language to allow active-
duty members of the armed service who were otherwise eligible
and deployed or traveling on a temporary duty assignment (TDY)
to remain eligible for a Permanent Fund Dividend (PFD) if they
were not physically residing in Alaska immediately before the
absence
3:14:00 PM
REPRESENTATIVE EASTMAN interjected to ask what section Mr. Stepp
was referring to.
MR. STEPP clarified that the deleted language in reference was
on page 2, lines 10-22.
3:14:21 PM
MR. STEPP continued to highlight the changes in Version W. He
indicated that the third substantive change was the elimination
of repeal language on page 3, line 26 [of Version G]. He
stated that the following sections would remain in statute: AS
43.23.005(a)(4), AS 43.23.005(f), AS 43.23.008(e).
CHAIR KREISS-TOMKINS offered broader commentary pertaining to
the elimination of the repealers, indicating that the general
intent was to provide a "cleaner" version, which would be
helpful for the amendment process. Further, he commented on the
change to from 72 hours to 168 hours, suggesting that it was in
alignment with the bill sponsor's intent.
3:17:10 PM
REPRESENTATIVE EASTMAN asked why 168 hours was favorable to 72
hours.
CHAIR KREISS-TOMKINS explained that there was an eligibility
exemption that could be claimed if an individual were to return
to Alaska for 72 hours (three days) once in a two-year period.
He said the idea was to lengthen that requirement to ensure that
PFD-eligible individuals had a true connection to Alaska.
3:18:48 PM
REPRESENTATIVE EASTMAN suggested changing the 168-hour
requirement to one month or keeping it at 72 hours. He asked
why one week (168 hours) was significant.
CHAIR KREISS-TOMKINS conveyed that those claiming eligible
exemptions were attesting under threat of perjury that they
maintained a connection to Alaska and intended to remain in
Alaska. He believed that people who truly had a connection to
Alaska were returning to the state for at least a week in a two-
year period rather than a three-day weekend. He suggested that
increasing the threshold by a small amount created more of a
burden for those who were qualifying for the exemption under
less than good faith.
REPRESENTATIVE EASTMAN urged the committee to take a closer look
at the exemptions in statute to better capture the legislature's
intent.
3:24:41 PM
REPRESENTATIVE CLAMAN sought to confirm that there were no
repealers in Version W.
CHAIR KREISS-TOMKINS confirmed.
REPRESENTATIVE CLAMAN in response to Representative Eastman,
opined that it may be difficult for college students to achieve
a consecutive 168-hour visit to Alaska. Additionally, he
pointed out that if PFDs were in the $3,000-$4,000 range, there
would be an economic benefit to booking a trip to Alaska for a
three-day weekend to claim the eligibility requirement; however,
a PFD of $2,000 would make that scenario less appealing. He
indicated that he had some "misgivings" about the 168-hour
requirement.
CHAIR KREISS-TOMKINS said he would be happy to reexamine that
threshold. In response to Representative Claman's concern about
college students' ability to return home, he shared his
understanding that dependents could also qualify for the PFD if
their head of household qualified as a PFD-eligible person.
3:27:43 PM
REPRESENTATIVE VANCE wondered whether the division had an
"impact" on eligibility with the changes reflected in Version W.
3:27:56 PM
ANNA MACKINNON, Director, Permanent Fund Dividend Division,
Department of Revenue (DOR), stated that the allowable absence
exemption would be a policy call. In response to Chair Kreiss-
Tomkins statement, she clarified that children would need to
return to the state to qualify for a dividend even if their
parent returned.
CHAIR KREISS-TOMKINS acknowledged that he was mistaken.
3:28:48 PM
REPRESENTATIVE VANCE inquired about how the change from 72 hours
to 168 hours would affect the number of eligible PFD recipients.
MS. MACKINNON shared her belief that it would reduce the number
of eligible Alaskans.
REPRESENTATIVE VANCE asked what reasons applicants provided for
the 72-hour return to Alaska.
MS. MACKINNON asked Representative Vance to define "reason."
REPRESENTATIVE VANCE said she was trying to understand the
justification that people gave for claiming the allowable
absence.
MS. MACKINNON stated that military families stationed out of
state were the largest group to claim that exemption; the second
largest was students attending apprenticeship programs or
colleges.
3:31:43 PM
REPRESENTATIVE VANCE asked whether the exemption that allowed
military members who were deployed or traveling on a TDY to
maintain their eligibility would "solve the problem."
MS. MACKINNON indicated that the language on page 2, line 21-27,
would decrease the availability of a military family to qualify
for a dividend because the allowable absence would require the
serving member to be on TDY versus a permanent assignment in
another location. She further noted that according to the
language on page 2, lines 25-27, a spouse may not travel with a
military member who was traveling on TDY.
3:34:54 PM
REPRESENTATIVE MCCARTY, Alaska State Legislature, prime sponsor
of HB 142, in response to a question from Representative
Eastman, stated that a person must gain initial PFD eligibility
by living in Alaska for one year. He stated that after claiming
eligibility, a person would be able to maintain that eligibility
by claiming the exemptions outlined on page 2. He deferred to
Ms. Mackinnon.
3:36:41 PM
MS. MACKINNON asked Representative McCarty to restate the
question.
3:38:43 PM
REPRESENTATIVE EASTMAN clarified that he was concerned about the
eligibility of someone who was deployed out of state for six or
seven months, which would not qualify as TDY.
REPRESENTATIVE MCCARTY reiterated that an individual must live
in Alaska for one year before qualifying for eligibility. He
deferred to Ms. Mackinnon.
MS. MACKINNON said the current provision allowed military
personnel to be deployed out of state for a period of up to 5
years with the following intent: the intent to return, the 72-
hour rule, and the 5-year rule. She added that Version W would
shorten that allowance.
3:41:50 PM
REPRESENTATIVE EASTMAN asked which provision in the bill
pertained to the one-year eligibility requirement that
Representative McCarty had referenced.
REPRESENTATIVE MCCARTY said it was an existing requirement that
was not included in the bill, as there was no need to change the
existing statute. He asked Ms. Mackinnon whether he was correct
in that an individual who was in Alaska on a permanent change of
station (PCS) would have to live in the state for one year to
become eligible for the PFD.
MS. MACKINNON confirmed that to initially qualify for a
dividend, an individual must be present in Alaska for one year.
3:43:33 PM
REPRESENTATIVE EASTMAN maintained his objection.
3:44:04 PM
A roll call vote was taken. Representatives Tarr, Story,
Claman, Vance, Kaufman, and Kreiss-Tomkins voted in favor of the
adoption of the proposed CS for HB 142, labeled 32-LS0491\W,
Nauman, 3/28/22. Representative Eastman voted against it.
Therefore, Version W was adopted as the working document by a
vote of 6-1.
3:45:06 PM
CHAIR KREISS-TOMKINS announced that the bill would be held over.
HB 271-AIDEA: MEMBERSHIP; RESPONSIBILITIES
3:46:31 PM
CHAIR KREISS-TOMKINS announced that the next order of business
would be HOUSE BILL NO. 271, "An Act relating to the Alaska
Industrial Development and Export Authority; and providing for
an effective date."
3:47:18 PM
REPRESENTATIVE ANDY JOSEPHSON, Alaska State Legislature, prime
sponsor of HB 271, clarified an incorrect statement he had made
in error during the last bill hearing. He said he had
erroneously believed that there were lawsuits pending from
former Alaska Industrial Development and Export Authority
(AIDEA) employees. He reported that although there was no
pending litigation, there was an investigation involving alleged
procurement decisions, verbal abuse, harassment, preferential
loans, loan forgiveness, etcetera. He claimed that if the
report he was referencing was correct, there were 18 people who
had left AIDEA in the last 22 months under less than favorable
circumstances.
3:49:42 PM
CHAIR KREISS-TOMKINS opened public testimony on HB 271.
3:50:35 PM
DAN CANNON stated his support for HB 271. He opined that AIDEA
was an institution that had not evolved with the times. Further
he characterized the immense economic power held by AIDEA as
troubling, as there was little oversight or public
accountability. He believed that the bill proposed necessary
initial steps to help build transparency and accountability.
3:51:50 PM
JOHN SONIN provided testimony unrelated to HB 271.
3:54:41 PM
GABRIEL KITTER, said he had been closely watching AIDEA's
involvement in the West Susitna Access Project, as he was a
property owner and avid user of the area. He believed that
AIDEA was unaffected by the shareholders' overwhelming
opposition to the project, adding that overall, the
institution's lack of public awareness and transparency to their
projects was frightening. He commented on the lack of public
outreach and characterized AIDEA as giving off a "mob-like
feeling." He believed that AIDEA had grown into a political arm
to overpower and overreach without public input for political
and financial gain. He opined that reform was long overdue.
3:57:30 PM
ARLEIGH HITCHCOCK opined that AIDEA was in desperate need of
reform, as the board was allowed to make decisions to spend
millions on projects that were bad for Alaskan communities and
strongly opposed by the members of those communities. They
commented on the lack of legislative oversight and sufficient
public input, as well as inaccessible meetings that were subject
to change at the last minute. They provided several examples.
They characterized AIDEA's outreach to Tribes and communities as
"horrible and disrespectful at best, and illegal at worst."
4:00:27 PM
ANNA GODDUHN stated her support for HB 271. She believed that
AIDEA needed public accountability to set priorities that were
in the best interest of Alaskans instead of mega projects that
served to enrich the few over the many.
4:01:26 PM
MARGI DASHEVSKY expressed her support for HB 271 and encouraged
the committee to strengthen the bill by adding amendments that
addressed the board's illegal use of executive session. She
highlighted AIDEA's record of violating the Open Meetings Act;
further, she pointed out that the recent changes made by the
institution in response to increased public scrutiny, such as
posting meeting times on the website, were superficial. She
shared several examples of AIDEA's misuse of executive session
and argued that that the average of 2-5 days of public notice
was not adequate for the public decisions of the magnitude in
political nature that they continued to make. She opined that
HB 271 was necessary to ensure that going forward, AIDEA played
to the historical strengths of the lender and focused on issuing
loans and bonds to small, locally owned businesses.
4:04:01 PM
REPRESENTATIVE TARR requested that the previous testifiers
follow up with written testimony that detailed their personal
experiences with ADIEA.
4:04:35 PM
MARGARET STERN stated her support for HB 271. She said she had
been closely watching AIDEA and the West Susitna Access Project
and was upset by how the institution had conducted itself. She
suggested that AIDEA had waisted state money, failed to reach
out to stakeholders, and disregarded public comment. She
highlighted her concerns specific to the West Susitna Access
Project. She reiterated her support for the bill to hold AIDEA
accountable to the Alaskan public.
4:06:02 PM
LOIS EPSTEIN, President, LNE Engineering and Policy, opined that
the same concerns the legislature had about the Alaska Permanent
Fund Corporation (APFC) Board of Trustees applied to the AIDEA
board, as board members were appointed by the governor and not
subject to legislative confirmation. She stated her
"unconditional" support for HB 271, specifically the provision
that increased analysis in legislative approval required for
AIDEA investments of over $10 million. She believed that the
provision would ensure that AIDEA was making financially sound,
rather than politically driven, investments.
4:08:40 PM
CHAIR KREISS-TOMKINS closed public testimony. He invited
questions from committee members.
4:09:18 PM
REPRESENTATIVE TARR asked whether the bill sponsor had
considered how to address the issues regarding public notice and
sporadic meeting time changes.
REPRESENTATIVE JOSEPHSON applauded her interest in that subject.
He noted that the bill would require AIDEA to conducts its
business through resolution rather than motion; further, the
bill would expand the notice requirement for amendment adoption
and regulation repeal to 30 days and considerably expanded the
opportunity for public testimony [on page 3 of HB 271].
REPRESENTATIVE TARR asked whether the bill clarified the
timeline for issuing public notice. She pointed out that people
take time out of their day to participate in public hearings,
which becomes difficult if the meeting times change
sporadically. She said she felt a responsibility to make the
process easier.
CHAIR KREISS-TOMKINS aligned himself with Representative Tarr's
comments.
4:12:13 PM
REPRESENTATIVE KAUFMAN directed attention to a supporting
document, titled "Additional Information Letter of
Clarification AIDEA" [included in the committee packet]. He
characterized the letter as a categorical rebuttal and asked
whether it could be addressed by the bill sponsor.
REPRESENTATIVE JOSEPHSON reviewed the letter from AIDEA.
REPRESENTATIVE KAUFMAN inquired about item 4 on page 2 of the
document, which addressed AIDEA's attention to local interests.
REPRESENTATIVE JOSEPHSON argued that the existing personnel
guidelines were insufficient. He believed that there should be
a provision in AIDEA's bylaws and state statute that outlined
personnel policy and the hiring of the executive director.
4:15:36 PM
REPRESENTATIVE KAUFMAN pointed out that item 5 on page 2 of the
letter contended that AIDEA was a political subdivision of the
Department of Commerce, Community & Economic Development (DCCED)
and had official personnel guidelines that followed the policy
established by the Department of Administration (DOA). He asked
whether the bill sponsor was asserting that there should be
additional personnel guidelines.
REPRESENTATIVE JOSEPHSON answered yes. He recalled receiving
feedback regarding the ongoing investigation, which suggested
that the standard for termination was arbitrary. He opined that
the existing statute was inadequate and less robust than other
agencies' [personnel policies].
REPRESENTATIVE KAUFMAN sought to confirm that Representative
Josephson believed that DCCED's [personnel policy] standards
were inadequate.
REPRESENTATIVE JOSEPHSON said he would have to delve into the
issue in more detail. He maintained that the turnover of 18
individuals based on a feeling of workplace harassment was
indicative of an agency that operated differently from other
agencies.
CHAIR KREISS-TOMKINS sought to confirm that AIDEA had 80
employees.
REPRESENTATIVE JOSEPHSON said approximately. He shared his
understanding that AIDEA was composed of 25-30 direct employees
with the addition of "other arms," such as the Alaska Energy
Authority (AEA).
CHAIR KREISS-TOMKINS asked, "If 18 is the numerator, what is the
denominator?"
REPRESENTATIVE JOSEPHSON answered 82.
REPRESENTATIVE KAUFMAN expressed his interest in hearing from an
AIDEA representative at the next bill hearing.
4:19:24 PM
REPRESENTATIVE EASTMAN directed attention to Section 9 of the
bill and asked why the threshold for oversight was set at $10
million. He opined that the $10 million figure seemed high.
REPRESENTATIVE JOSEPHSON said the intent was to avoid tying the
hands of the agency. He believed that the threshold of $10
million was adequate for functions such as lending; however, it
became problematic when AIDEA intervened in projects that were
opposed by many Alaskans. He conveyed that there was a sense of
"a lack of fair play" in terms of the way in which AIDEA
operated, which the bill aimed to reform.
REPRESENTATIVE EASTMAN turned to Section 10 of the bill, which
directed AIDEA to prioritize projects that furthered arctic
policy and energy policy. He asked which portion of the
authority's projects captured those two categories.
REPRESENTATIVE JOSEPHSON deferred to Ms. Sorum-Birk.
4:23:21 PM
ELISE SORUM-BIRK, Staff, Representative Andy Josephson, Alaska
State Legislature, on behalf of Representative Josephson, prime
sponsor, shared her understanding that AIDEA invested quite a
bit in the development of renewable and non-renewable energy
resources. She commented on areas in which AIDEA could improve
upon, such as positive investments in [indisc.] climates for
strategic infrastructure and safe and secure maritime transport.
REPRESENTATIVE EASTMAN asked what would happen to outstanding
projects that weren't prioritized under Section 10 and
therefore, didn't receive funding.
MS. SORUM-BIRK contended that AIDEA already used broad
discretion in choosing which projects to fund. She said section
10 was simply asking them to consider certain attributes when
funding projects overall.
CHAIR KREISS-TOMKINS announced that HB 271 was held over.
HB 251-BD OF TRUSTEES OF THE AK PERM. FUND CORP.
4:27:39 PM
CHAIR KREISS-TOMKINS announced that the next order of business
would be HOUSE BILL NO. 251, "An Act relating to the Board of
Trustees of the Alaska Permanent Fund Corporation; and providing
for an effective date."
CHAIR KREISS-TOMKINS opened public testimony on HB 251. After
ascertaining that no one wished to testify, he closed public
testimony on HB 251.
4:28:20 PM
REPRESENTATIVE ANDY JOSEPHSON, Alaska State Legislature, prime
sponsor of HB 251, provided introductory remarks. He emphasized
that the bill was not intended to prevent the firing of APFC's
former CEO, Angela Rodell. He clarified that the purpose of HB
251 was to prevent the appearance and actuality of political
interference in APFC. He pointed out that if HB 251 had been
operative, the result of Ms. Rodell's firing would have been the
same, as 5 of 6 votes would still result in a termination.
However, he argued that it would not have been possible for the
Legislative Budget & Audit Committee (LB&A) to be investigating
her termination, as it would be "almost inconceivable" that the
act would have been politically motivated. He explained the
process by which the proposed legislation would depoliticize the
appointment to the Board of Trustees.
4:32:59 PM
REPRESENTATIVE KAUFMAN inquired about the definition of a
socially responsible investor.
REPRESENTATIVE JOSEPHSON defined a socially responsible investor
as an individual with a sensitivity to matters, such as climate
and autocracies invading sovereign nations.
4:34:38 PM
REPRESENTATIVE EASTMAN referred to Section 8 of the bill and
sought to confirm that the board could remove the executive
director without cause with the support of 5 members.
REPRESENTATIVE JOSEPHSON answered yes, 5 out of 7 members.
4:35:33 PM
REPRESENTATIVE TARR pointed out that there were certificate
programs for socially responsible investors. She suggested
making the completion of that program an eligibility requirement
for the socially responsible investor on the board, to ensure
that the desired skillset was clearly defined.
REPRESENTATIVE JOSEPHSON expressed his support for that idea.
4:36:15 PM
CHAIR KREISS-TOMKINS announced that HB 251 would be held over.
HB 203-MISCONDUCT INVOLVING WEAPONS
4:36:23 PM
CHAIR KREISS-TOMKINS announced that the final order of business
would be HOUSE BILL NO. 203, "An Act establishing the offense of
misconduct involving weapons in the sixth degree."
4:36:49 PM
The committee took a brief at-ease.
4:37:49 PM
REPRESENTATIVE ADAM WOOL, Alaska State Legislature, prime
sponsor, introduced HB 203. He paraphrased the sponsor
statement [included in the committee packet], which read as
follows [original punctuation provided]:
Firearms hold significant social and cultural
importance to Alaskans. Across the state, 64.5% of
residents report owning guns, ranking Alaska third
among all states in per capita firearm ownership.
Whether for personal protection, subsistence, or
recreational hunting, the value that Alaskans place on
keeping and utilizing firearms is substantial.
Furthermore, most gun owners across the country report
putting a high value on responsible ownership. For
example, 95% of gun owners say it is essential to talk
to their children about gun safety, and 66% of gun
owners believe it is essential for their firearms to
be kept in a locked place when there are minors in the
home. HB 203 promotes secure storage of firearms in
order to protect children and teens while preserving a
lifestyle held dear by many Alaskans.
Despite a large percentage of Alaskans reporting gun
ownership and declaring a desire for gun safety, our
state has notably high rates of firearm-related injury
and death. Alaska's firearm death rate is the second
highest in the nation and nearly double the national
average (23 per 100,000 compared to 12 in the U.S
generally). Guns are also the leading cause of death
for children and teens in Alaska. An average of 22
children per year are killed due to firearm-related
mortality, and 59% of these deaths are gun suicides.
In 2019, nearly half of high school students (48.9%)
reported that they could easily access a loaded gun,
and a further one-fourth of high school students
across the state (25.3%) reported seriously
considering suicide within the past year. Overall,
firearm suicide in Alaska is more than double the
national average, with 68% of Alaska's gun deaths
caused by suicide. Securely storing firearms has been
shown to combat these startling figures, and to reduce
both self-inflicted and unintentional firearm
morbidity and mortality. Additionally, secure storage
is affordable and easily implemented, while still
offering firearm owners with quick and easy access to
guns for their personal and property protection needs.
HB 203 will incentivize secure storage of firearms by
creating a violation for improperly storing firearms
so they cannot be accessed by anyone not authorized to
use them, including children. This bill adds weight to
the responsibility that should be paramount to gun
owners to keep kids safe. HB 203 does not impose
invasive measures on the public. Practically speaking,
this bill implements a retroactive fine in the event
that guns are not securely stored by an adult firearm
owner and lead to improper use by anyone prohibited
from owning a firearm. If a minor child or prohibited
person accesses a firearm because it wasn't securely
stored and causes injury, the firearm owner can face a
criminal penalty and a fine.
Please join me in supporting House Bill 203 to promote
responsible and safe gun ownership through secure
storage of firearms in Alaska.
ASHLEY CARRICK, Staff, Representative Adam Wool, Alaska State
Legislature, on behalf of Representative Wool, prime sponsor,
provided a PowerPoint presentation, titled "HB 203; secure
storage of firearms" [hard copy included in the committee
packet]. She provided a brief overview of the presentation on
slide 2. Slide 3 featured newspaper articles that illustrated
the impacts of gun violence, highlighting youth accidents and
suicide deaths in particular.
4:47:21 PM
MS. CARRICK continued to slide 4, which read as follows
[original punctuation provided]:
THE NATURE OF THE PROBLEM: GUN VIOLENCE PREVALENCE
Nationally, suicide constitutes most of the
firearm deaths in the U.S., even though just 5% of
self-harm episodes, including both non-suicidal self-
injury and attempted suicide, involve firearms.
Firearms are known for their high lethality, with
an 82.5-92% lethality for suicide attempts using
firearms.
As many as 80% of people considering suicide give
notice of their intentions beforehand, making
intervention possible in many cases.
4:48:02 PM
MS. CARRICK continued to slide 5, which read as follows
[original punctuation provided]:
THE NATURE OF THE PROBLEM: GUN VIOLENCE IN ALASKA
Firearms are the leading cause of death for
children and teens in Alaska.
Alaska has the second-highest rate of gun death
in the U.S. Alaska's gun suicide rate is more than
double the national rate. 68% of Alaska's gun deaths
are firearm suicides.
Suicides make up two-thirds of all firearm deaths
in Alaska, and three in five suicides in Alaska are
committed using a firearm.
In 2019, there were 117 firearm suicide deaths in
Alaska, including 17 children and teens (ages 0-19).
12,380 children live with unlocked, loaded
firearms in Alaska.
4:49:00 PM
MS. CARRICK proceeded to slide 6, which read as follows
[original punctuation provided]:
THE NATURE OF THE PROBLEM: YOUTH MENTAL HEALTH
An average of 22 children and teens die from to
accidental or intentional shootings each year.
25% of Alaskan high school students have
considered suicide in the past year and a further
19.7% reported an attempted suicide.
Among high school students in Alaska, 37.5%
reported that they could access a loaded gun in less
than an hour.
59% of youth gun deaths are suicides and an
additional 26% are homicides.
Other health disparities exist in gun violence
and youth suicide attempts.
4:50:03 PM
MS. CARRICK advanced to slide 7, which read as follows [original
punctuation provided]:
PRIORITIZING RESPONSIBLE GUN OWNERSHIP: OPINIONS OF
GUN OWNERS
Gun owners do NOT want to see these tragic
incidents occur.
Across the state, 64.5% of residents report
owning guns, ranking Alaska third among all states in
per capita firearm ownership.
Most gun owners across the country report putting
a high value on responsible ownership. For example:95%
of gun owners say it is essential to talk to their
children about gun safety
66% of gun owners believe it is essential for
their firearms to be kept in a locked place when there
are minors in the home.
4:51:23 PM
MS. CARRICK turned to slide 8, which read as follows [original
punctuation provided]:
PRIORITIZING RESPONSIBLE GUN OWNERSHIP: SAFE STORAGE
OPTIONS
Secure storage or safety devices include:
Devices that are designed to prevent the firearm
from being operated without first deactivating the
device. Examples: Cable locks that block a firearm
cartridge from being fired or trigger locks that allow
loading, but which prevent the trigger from being
pulled.
Examples: Cable locks that block a firearm
cartridge from being fired or trigger locks that allow
loading, but which prevent the trigger from being
pulled.
Devices that are incorporated into the design of
the firearm to prevent operation of the firearm by
anyone without access to the device. Example:
Personalized "smart guns" that only allow an
authorized user to access the gun.
Examples: Personalized "smart guns" that only
allow an authorized user to access the gun
A safe, gun safe, gun case, lock box, or other
device that is designed to be unlocked only by means
of a key, combination, or other similar means.
4:52:28 PM
MS. CARRICK continued to slide 9, which read as follows
[original punctuation provided]:
EFFICACY OF SECURE STORAGE: STATE BY STATE COMPARISONS
Currently, 33 states have some type of secure
storage law.
Compared to states with no child-access laws,
states with the strongest secure storage laws saw a 44
percent reduction in children hospitalized for firearm
injuries related to unintentional shootings.
A 2020 study found a 59 percent reduction in
unintentional firearm deaths among children ages 0 to
14 in the states with the most stringent child access
prevention laws.
4:53:34 PM
MS. CARRICK proceeded to slide 10, which read as follows
[original punctuation provided]:
EFFICACY OF SECURE STORAGE: REDUCING YOUTH MORTALITY
One study found that young children who go
through a weeklong gun safety training program are
just as likely as children with no training to
approach or play with a handgun when they find one.
It is impossible to predict the behavior of every
child who may be invited into your home, and difficult
to be assured of your child's safety in another
person's home when there are unsecured firearms
present.
4:54:26 PM
MS. CARRICK advanced to slide 11, which read as follows
[original punctuation provided]:
WHAT HB 203 DOES:MISCONDUCT CHARGES
Misconduct involving weapons in the sixth degree:
Keeping a firearm in your home that is not under
the direct control of an authorized person. See:
Section 3 (a) (1)
Keeping a firearm that the owner or authorized
person knows or reasonably should know is accessible
by a prohibited person. See: Section 3 (a) (2)
Misconduct involving weapons in the fourth degree:
If section 3 is violated and a prohibited person
has used a firearm to commit a crime or to injure
themselves or another. See: Section 2
4:55:30 PM
MS. CARRICK turned to slide 12, which read as follows [original
punctuation provided]:
WHAT HB 203 DOES: KEY TERMS
Direct control is where the owner or possessor of the
firearm is:
Close enough to preventanotherperson who is not
an authorized person from obtaining the firearm OR
The firearm is in the person's own residence,
either alone or with only authorized persons who also
live in the residence and who are not minors, and the
residence is secure.
Authorized Person: A person authorized by the owner or
possessor of afirearm to temporarily carry or control
the firearm.
Prohibited Person: Minors, convicted felons, or those
with other Federal or State restrictions on gun
ownership.
MS. CARRICK concluded on slide 13, which provided a list of
stakeholders that submitted letters of support for HB 203.
4:56:58 PM
SARA SUMADI, Associate Director of State Affairs, Everytown for
Gun Safety, expressed her support for HB 203. She reported that
Alaska was a national outlier in terms of firearm deaths among
children, which could largely be prevented. Firearms were the
first leading cause of death among children and teens in the
state; further, Alaska had the highest rate of gun suicide
deaths among young people in the country and the second highest
rate of injuries and deaths caused by a child accidentally
shooting themselves or someone else. She acknowledged that
there was a tradition of responsible gun ownership in Alaska and
that many gun owners stored their firearms securely; however,
she cited a national survey that showed that an average of over
50 percent of gun owners did not practice safe storage
practices; further, the survey estimated that 1 in 5 gun owning
households with children in the home stored at least one gun
loaded and unlocked. She emphasized that unintentional
shootings by children could be prevented by following secure
storage practices. She urged the passage of HB 203.
5:01:36 PM
REPRESENTATIVE EASTMAN inquired about the statistics in the
sponsor statement and requested the citations.
MS. CARRICK said the youth-related statistics came from the
Youth Risk Behavioral Survey (YRBS) conducted by the Department
of Health and Social Services (DHSS) on a biannual basis.
Additional statistics came from the Centers for Disease Control
and Prevention (CDC) and other state and national resources.
She offered to follow up with the specific citations.
REPRESENTATIVE EASTMAN inquired about the difference between a
crime that's preventative versus a crime that's punishing.
REPRESENTATIVE WOOL acknowledged that violation of the law would
be penalized; however, he said the intent was to normalize safe
behavior. He explained that the penalty would be a monetary
fine capped at $500 for the first violation. He reiterated that
the goal was to modify behavior rather than incarcerate people.
5:04:13 PM
REPRESENTATIVE STORY inquired about effective practices in other
states.
REPRESENTATIVE WOOL deferred to Mr. Dougherty, a district
attorney in Colorado where a secure storage law was recently
passed.
5:05:35 PM
MICHAEL DOUGHERTY, District Attorney, District Attorney's
Office, confirmed that the Colorado General Assembly had enacted
House Bill 1106 in July 2021, which addressed the safe storage
of firearms; however, it was too early to deem the program a
success. Nonetheless, he stated that the legislation had raised
awareness about the importance of safely securing firearms, in
part due to the public awareness campaign that was carried out
prior to the passage of the bill.
REPRESENTATIVE STORY asked whether there were challenges to the
safe storage law.
MR. DOUGHERTY said there had not been any challenges.
REPRESENTATIVE STORY asked whether Colorado enacted the same
misdemeanor penalties that were proposed in HB 203.
MR. DOUGHERTY conveyed that in Colorado, unlawful storage was
assigned a Class 2 Misdemeanor, which could result in jail time,
fines of up to $1,000, or both; however, incarceration was
extremely unlikely, he said.
5:09:40 PM
REPRESENTATIVE CLAMAN asked whether Colorado had considered
treating the unlawful storage violation with a civil fine.
MR. DOUGHERTY said there were no conversation about making it a
civil violation. He shared his belief that because the goal of
reducing teen suicides and unintentional shootings was a serious
one, the consequences should be serious too; therefore, he
opined that criminal law, as opposed to civil law, was
appropriate
5:11:45 PM
REPRESENTATIVE TARR expressed her interest in the inclusion of a
public service announcement and educational campaign and
inquired about the funding component that advanced those efforts
in Colorado.
MR. DOUGHERTY offered to follow up with the requested
information.
5:13:18 PM
CHAIR KREISS-TOMKINS announced that HB 203 was held over.
5:14:13 PM
REPRESENTATIVE CLAMAN moved to authorize Representative Kreiss-
Tomkins, Chair of the House State Affairs Standing Committee, to
introduce as a committee bill an Act relating to the
confirmation of appointees to the Board of Trustees to the
Alaska Permanent Fund Corporation, relating to the appointment
of public members to the Alaska Industrial Development and
Export Authority, and providing for an effective date.
CHAIR KREISS-TOMKINS objected for the purpose of discussion;
seeing none, he withdrew his objection. There being no further
objection, the motion passed.
5:15:42 PM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 5:15
p.m.