03/07/2024 03:00 PM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SSCR5 | |
| HJR13 | |
| SB12 | |
| HB245 | |
| SB103 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | SSCR 5 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 245 | TELECONFERENCED | |
| += | SB 103 | TELECONFERENCED | |
| += | SB 12 | TELECONFERENCED | |
| += | HJR 13 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
March 7, 2024
3:03 p.m.
MEMBERS PRESENT
Representative Laddie Shaw, Chair
Representative Stanley Wright, Vice Chair
Representative Ben Carpenter
Representative Craig Johnson
Representative Jamie Allard
Representative Ashley Carrick
Representative Andi Story
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE SPECIAL CONCURRENT RESOLUTION NO. 5
Disapproving Executive Order No. 128.
- CONSIDERED
CS FOR SENATE BILL NO. 12(JUD)
"An Act relating to the duties of the Department of
Administration; creating an address confidentiality program; and
providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 245
"An Act relating to depositing permanent fund dividends into
investment accounts; and providing for an effective date."
- MOVED CSHB 245(STA) OUT OF COMMITTEE
SENATE BILL NO. 103
"An Act relating to peer support counseling programs for law
enforcement agencies, emergency service providers, and the
Department of Corrections."
- HEARD & HELD
SENATE SPECIAL CONCURRENT RESOLUTION NO. 5
Disapproving Executive Order No. 128.
- CONSIDERED
HOUSE JOINT RESOLUTION NO. 13
Requesting the United States Congress to call a convention of
the states to propose an amendment to the Constitution of the
United States to set a limit on the number of terms that a
person may be elected as a member of the United States House of
Representatives and as a member of the United States Senate; and
urging the legislatures of the other 49 states to request the
United States Congress to call a convention of the states.
- MOVED CSHJR 13(STA) OUT OF COMMITTEE
CS FOR SENATE BILL NO. 12(JUD)
"An Act relating to the duties of the Department of
Administration; creating an address confidentiality program; and
providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 245
"An Act relating to depositing permanent fund dividends into
investment accounts; and providing for an effective date."
- MOVED CSHB 245(STA) OUT OF COMMITTEE
SENATE BILL NO. 103
"An Act relating to peer support counseling programs for law
enforcement agencies, emergency service providers, and the
Department of Corrections."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SSCR 5
SHORT TITLE: DISAPPROVE EO 128
SPONSOR(s): RULES
02/12/24 (S) READ THE FIRST TIME - REFERRALS
02/12/24 (S) STA
02/13/24 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
02/13/24 (S) Moved SSCR 5 Out of Committee
02/13/24 (S) MINUTE(STA)
02/14/24 (S) STA RPT 4DP 1NR
02/14/24 (S) DP: KAWASAKI, WIELECHOWSKI, CLAMAN,
BJORKMAN
02/14/24 (S) NR: MERRICK
02/14/24 (S) TRANSMITTED TO (H)
02/14/24 (S) VERSION: SSCR 5
02/19/24 (H) READ THE FIRST TIME - REFERRALS
02/19/24 (H) STA
03/07/24 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HJR 13
SHORT TITLE: CALL FED. CONSTITUTIONAL CONV:TERM LIMITS
SPONSOR(s): MCKAY
03/31/23 (H) READ THE FIRST TIME - REFERRALS
03/31/23 (H) STA, JUD
01/25/24 (H) STA AT 3:00 PM GRUENBERG 120
01/25/24 (H) -- MEETING CANCELED --
02/01/24 (H) STA AT 3:00 PM GRUENBERG 120
02/01/24 (H) Heard & Held
02/01/24 (H) MINUTE(STA)
03/07/24 (H) STA AT 3:00 PM GRUENBERG 120
BILL: SB 12
SHORT TITLE: ADDRESS CONFIDENTIALITY PROGRAM
SPONSOR(s): KIEHL
01/18/23 (S) PREFILE RELEASED 1/9/23
01/18/23 (S) READ THE FIRST TIME - REFERRALS
01/18/23 (S) STA, JUD, FIN
02/02/23 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
02/02/23 (S) Heard & Held
02/02/23 (S) MINUTE(STA)
02/28/23 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
02/28/23 (S) Moved CSSB 12(STA) Out of Committee
02/28/23 (S) MINUTE(STA)
03/01/23 (S) STA RPT CS 1DP 3NR NEW TITLE
03/01/23 (S) DP: KAWASAKI
03/01/23 (S) NR: WIELECHOWSKI, BJORKMAN, MERRICK
03/08/23 (S) JUD AT 1:30 PM BUTROVICH 205
03/08/23 (S) Heard & Held
03/08/23 (S) MINUTE(JUD)
03/15/23 (S) JUD AT 1:30 PM BUTROVICH 205
03/15/23 (S) Moved CSSB 12(JUD) Out of Committee
03/15/23 (S) MINUTE(JUD)
03/17/23 (S) JUD RPT CS 3DP 1AM NEW TITLE
03/17/23 (S) DP: CLAMAN, TOBIN, KIEHL
03/17/23 (S) AM: KAUFMAN
03/28/23 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/28/23 (S) Heard & Held
03/28/23 (S) MINUTE(FIN)
04/03/23 (S) FIN RPT CS(JUD) 3DP 3NR 1AM
04/03/23 (S) DP: OLSON, HOFFMAN, KIEHL
04/03/23 (S) NR: STEDMAN, MERRICK, BISHOP
04/03/23 (S) AM: WILSON
04/03/23 (S) FIN AT 9:00 AM SENATE FINANCE 532
04/03/23 (S) Moved CSSB 12(JUD) Out of Committee
04/03/23 (S) MINUTE(FIN)
04/24/23 (S) TRANSMITTED TO (H)
04/24/23 (S) VERSION: CSSB 12(JUD)
04/26/23 (H) READ THE FIRST TIME - REFERRALS
04/26/23 (H) STA, JUD, FIN
05/04/23 (H) STA AT 3:00 PM GRUENBERG 120
05/04/23 (H) Heard & Held
05/04/23 (H) MINUTE(STA)
03/05/24 (H) STA AT 3:00 PM GRUENBERG 120
03/05/24 (H) Heard & Held
03/05/24 (H) MINUTE(STA)
03/07/24 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 245
SHORT TITLE: DIR DEPOSIT PFD IN INVESTMENT ACCT
SPONSOR(s): SADDLER
01/16/24 (H) PREFILE RELEASED 1/8/24
01/16/24 (H) READ THE FIRST TIME - REFERRALS
01/16/24 (H) STA, FIN
02/22/24 (H) STA AT 3:00 PM GRUENBERG 120
02/22/24 (H) -- MEETING CANCELED --
02/29/24 (H) STA AT 3:00 PM GRUENBERG 120
02/29/24 (H) Heard & Held
02/29/24 (H) MINUTE(STA)
03/07/24 (H) STA AT 3:00 PM GRUENBERG 120
BILL: SB 103
SHORT TITLE: PEER SUPPORT COUNSELING PROGRAM
SPONSOR(s): DUNBAR
03/15/23 (S) READ THE FIRST TIME - REFERRALS
03/15/23 (S) CRA
03/28/23 (S) CRA AT 1:30 PM BELTZ 105 (TSBldg)
03/28/23 (S) Heard & Held
03/28/23 (S) MINUTE(CRA)
04/04/23 (S) CRA AT 1:30 PM BELTZ 105 (TSBldg)
04/04/23 (S) Moved SB 103 Out of Committee
04/04/23 (S) MINUTE(CRA)
04/05/23 (S) CRA RPT 3DP
04/05/23 (S) DP: DUNBAR, GRAY-JACKSON, GIESSEL
04/24/23 (S) TRANSMITTED TO (H)
04/24/23 (S) VERSION: SB 103
04/26/23 (H) READ THE FIRST TIME - REFERRALS
04/26/23 (H) STA
02/22/24 (H) STA AT 3:00 PM GRUENBERG 120
02/22/24 (H) -- MEETING CANCELED --
02/29/24 (H) STA AT 3:00 PM GRUENBERG 120
02/29/24 (H) Heard & Held
02/29/24 (H) MINUTE(STA)
03/07/24 (H) STA AT 3:00 PM GRUENBERG 120
WITNESS REGISTER
TREVOR JEPSEN, Staff
Representative Tom McKay
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided wrap-up comments for HJR 13.
AZABEL ORDAZ, Staff
Representative McKay
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions about HJR 13 on behalf
of Representative Tom McKay.
BUDDY WHITT, Staff
Representative Laddie Shaw
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided an explanation for the committee
substitute to SB 12, on behalf of Representative Tom McKay.
SENATOR JESSE KIEHL
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided comments during the hearing on SB
12, as prime sponsor.
REPRESENTATIVE DAN SADDLER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided comments during the hearing on HB
245, as prime sponsor.
GENEVIEVE WOJTUSIK, Director
Central Office
Permanent Fund Dividend Division
Department of Revenue
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
245.
JAMES HOLZENBERG, Staff
Senator Forrest Dunbar
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided comments during the hearing on SB
103 on behalf of Senator Dunbar, bill sponsor.
BRIAN WEBB, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 103.
DEIN BRUCE, Senior Captain
Anchorage Fire Department
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 103.
ANGELINA SALVATO, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 103.
ACTION NARRATIVE
3:03:09 PM
CHAIR LADDIE SHAW called the House State Affairs Standing
Committee meeting to order at [3:03] p.m. Representatives
Story, Carpenter, Johnson, Wright, Carrick, and Shaw were
present at the call to order. Representative Allard arrived as
the meeting was in progress.
SSCR 5-DISAPPROVE EO 128
3:04:37 PM
CHAIR SHAW announced that the first order of business would be
SENATE SPECIAL CONCURRENT RESOLUTION NO. 5, Disapproving
Executive Order No. 128.
CHAIR SHAW stated that Special Concurrent Resolution 5 deals
specifically with EO 128, separating the membership of the board
of directors of the Alaska Energy Authority and the Alaska
Industrial Development and Export Authority. He asked for a
motion.
3:05:33 PM
REPRESENTATIVE WRIGHT moved to report SSCR 5 from committee with
individual recommendations and the accompanying fiscal notes.
3:05:58 PM
REPRESENTATIVE CARPENTER objected and, after ascertaining that a
discussion was not necessary, removed his objection. There
being no further objection, SSCR 5 was reported from the House
State Affairs Standing Committee.
3:06:15 PM
The committee took an at-ease from 3:06 p.m. to 3:08 p.m.
HJR 13-CALL FED. CONSTITUTIONAL CONV:TERM LIMITS
3:08:13 PM
CHAIR SHAW announced that the next order of business would be
HOUSE JOINT RESOLUTION NO. 13, Requesting the United States
Congress to call a convention of the states to propose an
amendment to the Constitution of the United States to set a
limit on the number of terms that a person may be elected as a
member of the United States House of Representatives and as a
member of the United States Senate; and urging the legislatures
of the other 49 states to request the United States Congress to
call a convention of the states. [Before the committee, adopted
as a working document on 3/1/24, was the proposed committee
substitute (CS) for HJR 13, labeled 33-LS0690\B, Wallace,
1/22/24 ("Version B").]
3:08:46 PM
TREVOR JEPSEN, Staff, Representative Tom McKay, Alaska State
Legislature, provided wrap up comments for HJR 13, on behalf of
Representative McKay, prime sponsor. He explained that HJR 13
would encourage the U.S. Congress to enact term limits on
itself. There are currently no term limit requirements. If HJR
13 were to pass, Alaska would be one of seven states to pass
similar legislation, which may prevent Congress from needing to
call a convention.
3:09:29 PM
REPRESENTATIVE STORY expressed her concern about HJR 13,
[Version B]. She made note that Alaskans voted not to open the
constitution.
3:10:24 PM
MR. JEPSEN commented about the legal gray area around
constitutional conventions. He admitted that if there were a
convention, there may be legal implications. He said the goal
of the resolution is for enough states to enact it and encourage
Congress to impose term limits.
3:11:08 PM
REPRESENTATIVE C. JOHNSON noted that states that have passed
this type of resolution have limited their delegates under
penalty of law to prevent the constitution from being opened
beyond the scope of setting term limits.
3:12:05 PM
REPRESENTATIVE STORY asked if the current resolution is limited
to only allowing delegates to act on the narrow topic of term
limits.
3:12:21 PM
AZABEL ORDAZ, Staff, Representative Tom McKay, Alaska State
Legislature, on behalf of Representative McKay, prime sponsor,
answered, "No, the resolution does not limit..."
3:12:29 PM
REPRESENTATIVE C. JOHNSON responded to Representative Story and
said that limits to delegates would occur through the
legislature after a constitutional convention is called and
delegates are nominated.
3:13:14 PM
REPRESENTATIVE WRIGHT moved to report CSHJR 13, Version 33-
LS0690\B, Wallace, 1/22/24, out of committee with individual
recommendations and the accompanying fiscal notes.
3:13:37 PM
REPRESENTATIVE C. JOHNSON objected.
A roll call vote was taken. Representatives Wright, Carpenter,
C. Johnson, Allard, and Shaw voted in favor of reporting CSHJR
13, Version 33-LS0690\B, Wallace, 1/22/24 out of committee.
Representatives Story and Carrick voted against it. Therefore,
CSHJR 13(STA) was reported out of the House State Affairs
Standing Committee by a vote of 5-2.
3:14:32 PM
The committee took an at-ease from 3:14 p.m. to 3:17 p.m.
SB 12-ADDRESS CONFIDENTIALITY PROGRAM
3:17:38 PM
CHAIR SHAW announced that the next order of business would be CS
FOR SENATE BILL NO. 12(JUD), "An Act relating to the duties of
the Department of Administration; creating an address
confidentiality program; and providing for an effective date."
3:17:56 PM
REPRESENTATIVE WRIGHT moved to adopt the proposed House
Committee Substitute (HCS) for CSSB 12(JUD), Version 33-
LS0162\H, C. Radford, 3/6/24 ("Version H"), as the working
document.
3:18:13 PM
CHAIR SHAW objected for the purpose of discussion.
3:18:26 PM
BUDDY WHITT, Staff, Representative Laddie Shaw, Alaska State
Legislature, described an unintended issue brought up by the
bill sponsor. He explained that if the bill were to pass as
currently written, registered sex offenders and child kidnappers
may apply for the address confidentiality program. He noted
that the Department of Public Safety said the applications by
sex offenders and child kidnappers would be accepted and their
process would not change. He said that a court case could occur
as a result.
MR. WHITT explained that the proposed CS would make one
substantive change on page 2, line 27 through page 3, line 8,
adding language that specifies that individuals who are required
to register as sex offenders or child kidnappers would not be
eligible for the address confidentiality program. The other
change would be to move the effective date to January 1, 2025.
Amendments can be discussed and debated at the next meeting to
decide whether to include protection for sex offenders are also
victims of domestic violence and may need access to the address
confidentiality program.
3:22:28 PM
SENATOR JESSE KIEHL, Alaska State Legislature, as prime sponsor
of CSSB 12(JUD), thanked the chair and his staff for addressing
the unintended loophole that the Department of Public Safety
brought to his attention.
3:23:12 PM
REPRESENTATIVE CARRICK asked why the effective date was moved
out an extra year.
3:23:26 PM
SENATOR KIEHL stated that the old effective date was January 1,
2024.
3:23:44 PM
REPRESENTATIVE CARRICK asked why the effective date is not
immediate.
SENATOR KIEHL explained the department may need time to
implement the program.
3:24:16 PM
REPRESENTATIVE CARPENTER asked how the address confidentiality
program is different from a mail forwarding service already
available.
SENATOR KIEHL explained that cost is a factor for people who are
experiencing violence and mail forwarding is expensive. The
address confidentiality program through the bill would incur no
cost to the victim. The bill would provide full confidentiality
for physical addresses.
3:25:43 PM
CHAIR SHAW removed his objection. There being no further
objection, Version H was before the committee as a working
document.
CHAIR SHAW announced that CSSB 12(JUD) was held over.
HB 245-DIR DEPOSIT PFD IN INVESTMENT ACCT
3:26:16 PM
CHAIR SHAW announced that the next order of business would be
HOUSE BILL NO. 245, "An Act relating to depositing permanent
fund dividends into investment accounts; and providing for an
effective date."
3:26:31 PM
REPRESENTATIVE CARRICK moved to adopt Amendment 1 to HB 245,
labeled 33-LS1136\A.1, Nauman, 3/1/24, which read:
Page 1, line 13, following "section.":
Insert "The application form must notify the
applicant that the applicant assumes the risk of
investments made under this section."
3:26:33 PM
REPRESENTATIVE WRIGHT objected for the purpose of discussion.
3:26:37 PM
REPRESENTATIVE CARRICK explained that Amendment 1 attempts to
preserve the state from liability or risk if permanent fund
dividend (PFD) applicants choose bad investments. The amendment
includes a disclosure that the applicant assumes the
responsibility of the investment selections they make.
3:28:44 PM
REPRESENTATIVE WRIGHT asked to hear from the bill sponsor.
3:28:52 PM
REPRESENTATIVE DAN SADDLER, Alaska State Legislature, as prime
sponsor of HB 245, stated his support of Amendment 1 as a
"friendly" amendment. He explained that anyone with an
investment account needs to understand that investing carries
some risk. By making abundantly clear through a disclosure that
the recipients of PFDs who elect to deposit PFD money into a
personal investment account assume responsibility for the risk,
the state is not responsible for any lost money. This amendment
would not incur any additional expense.
3:30:12 PM
REPRESENTATIVE ALLARD asked if Amendment 1 to HB 245 would have
any unintended consequences.
GENEVIEVE WOJTUSIK, Director, Central Office, Permanent Fund
Dividend Division, Department of Revenue, answered that the
division is neutral on the amendment. It would not create any
fiscal impact. The amendment would create a pop-up box that
informs the applicant that risk is assumed by the applicant if
they choose to invest their PFD.
3:31:09 PM
REPRESENTATIVE STORY asked about tax and deferred compensation
and asked if an amendment to the amendment would be necessary to
include information about how investment accounts are taxed.
3:31:44 PM
REPRESENTATIVE SADDLER stated it is not his intent to interpose
the state into an individual's tax obligations.
MS. WOJTUSIK added that the division is mandated by statute to
provide a 1099 by January 31 of each year for PFD tax
implications.
3:32:56 PM
REPRESENTATIVE C. JOHNSON asked about failing to provide a
social security number resulting in taxes being withheld from an
applicant's PFD.
MS. WOJTUSIK informed the committee that there is a 24 percent
withholding fee for incorrect social security numbers inputted
in the PFD application. The division sends warning letters to
applicants about the fee. The fee is withdrawn when the correct
social security number is provided up to the payout date. After
the payout date, if the applicant wishes to amend their social
security number on their application, the Internal Revenue
Service (IRS) must be consulted.
REPRESENTATIVE C. JOHNSON asked, if an applicant chose to
deposit their PFD into a tax-free entity such as a municipal
bond, when the tax would be withheld and if there may be a
possibility of double-taxing.
MS. WOJTUSIK responded that Representative C. Johnson's question
should be asked to the IRS or a tax professional. She clarified
that the bill only creates an additional box for an applicant to
select for an investment account. The applicant can work with
their own tax professional.
REPRESENTATIVE C. JOHNSON commented that he didn't want Alaskans
to pay a double tax. He sought clarification about tax
situations.
3:35:06 PM
REPRESENTATIVE SADDLER stated it is not his intention to expose
Alaskans to double taxation on the PFD.
3:35:24 PM
REPRESENTATIVE WRIGHT removed his objection. There being no
further objection, Amendment 1 to HB 245 was adopted.
3:35:36 PM
CHAIR SHAW opened public testimony on HB 245, as amended. After
ascertaining that no one wished to testify, he closed public
testimony.
3:35:53 PM
REPRESENTATIVE SADDLER provided wrap-up comments and requested a
conceptual amendment. He explained that the current program
system the department utilizes for PFDs would require an
additional $100,000 to divide an applicant's PFD between
accounts, and he suggested language to omit the possibility of
partial PFD deposits into different accounts, thus resulting in
the preferred zero fiscal note.
3:37:33 PM
The committee took an at-ease from 3:37 p.m. to 3:41 p.m.
3:41:12 PM
REPRESENTATIVE CARPENTER moved to adopt Conceptual Amendment 1
to HB 245 on page 1, line 7, to delete "all or part of the
amount of". He authorized Legislative Legal Affairs to make any
conforming changes necessary. There being no objection,
Conceptual Amendment 1 to HB 245 was adopted.
3:41:59 PM
The committee took a brief at-ease.
3:42:28 PM
CHAIR SHAW again ascertained that no one wished to testify on HB
245, as amended.
3:42:39 PM
REPRESENTATIVE SADDLER thanked the committee for adopting the
amendments, which will improve the bill.
3:42:43 PM
REPRESENTATIVE WRIGHT moved to report HB 245, as amended, out of
committee with individual recommendations and attached zero
fiscal notes. There being no objection, CSHB 245(STA) was
reported out of the House State Affairs Standing Committee.
3:43:10 PM
The committee took an at-ease from 3:43 p.m. to 3:46 p.m.
SB 103-PEER SUPPORT COUNSELING PROGRAM
3:46:53 PM
CHAIR SHAW announced that the final order of business would be
SENATE BILL NO. 103, "An Act relating to peer support counseling
programs for law enforcement agencies, emergency service
providers, and the Department of Corrections."
3:47:09 PM
REPRESENTATIVE STORY moved to adopt Amendment 1 to SB 103,
labeled 33-LS0565\A.2, C. Radford, 3/4/24 to SB 103, which read:
Page 1, line 7, following the second occurrence of
"and":
Insert "peer support"
Page 1, line 13, following "in":
Insert "peer support"
Page 2, line 3, following "or":
Insert "peer support"
Page 2, line 4, following "between":
Insert "peer support"
Page 2, line 5, following "participant,":
Insert "peer support"
Page 2, line 7, following "between":
Insert "peer support"
Page 2, line 23, following the second occurrence of
"the":
Insert "peer support"
Page 4, line 1, following "provide":
Insert "peer support"
3:47:13 PM
REPRESENTATIVE WRIGHT objected for the purpose of discussion.
REPRESENTATIVE STORY explained that Amendment 1 was drafted
based on bill discussion from the previous meeting. The
amendment utilizes the term "peer support counselor" throughout
the bill in place of the term "counselor". This will clarify
that SB 103 is a peer support counseling program that does not
utilize professional counselors or therapists.
3:47:53 PM
REPRESENTATIVE ALLARD mentioned that the term "peer support"
counselor is used in the title and in other places in the bill.
She said she would not support the amendment.
3:48:25 PM
REPRESENTATIVE CARRICK added that her office also prepared this
amendment. She said that the term counselor is referred to
elsewhere in statute and refers to licensed professional
counselors. This amendment helps to provide clarity in statute.
She noted the incredible value of peer support counselors.
3:49:30 PM
REPRESENTATIVE STORY asked to hear from the bill sponsor about
Amendment 1.
3:49:42 PM
JAMES HOLZENBERG, Staff, Senator Forrest Dunbar, Alaska State
Legislature, on behalf of Senator Dunbar, prime sponsor of SB
103, said that Senator Dunbar views the amendment as "friendly"
because it helps to clarify the intent of the bill and prevents
confusion about licensed professional counselors.
3:50:14 PM
REPRESENTATIVE WRIGHT asked if Representative Story spoke to
professional counselors and whether they would support the
amendment.
REPRESENTATIVE STORY said she did not speak with professional
counselors. She said she read through definitions to ensure
clarity so that people impacted by SB 103 would not think they
were being served by a counselor who had full credentials.
3:50:45 PM
REPRESENTATIVE WRIGHT maintained his objection.
3:50:54 PM
A roll call vote was taken. Representatives C. Johnson,
Carrick, Story, Carpenter, and Shaw voted in favor of Amendment
1 to SB 103. Representatives Allard and Wright voted against
it. Therefore, Amendment 1 was adopted by a vote of 5-2.
3:51:49 PM
CHAIR SHAW opened public testimony on SB 103, as amended. After
ascertaining that no one wished to testify, he closed public
testimony.
3:52:03 PM
The committee took a brief at-ease.
3:52:45 PM
CHAIR SHAW reopened public testimony on SB 103, as amended.
3:52:58 PM
BRIAN WEBB, representing self, informed the committee that he
has been a peer support counselor since 1989. He testified in
support of SB 103 and emphasized the importance of
confidentiality. He said he has seen problems with
confidentiality throughout his career. He noted promotions that
were denied because of information leaked through peer
counseling. He said in the last two years, Alaska has lost two
emergency medical services (EMS) clinicians to suicides,
including his former partner. He emphasized that the mental
anguish of career loss is difficult and a barrier to healing
because of the stigma around seeking help and the fear of
confidentiality being broken.
3:55:09 PM
DEIN BRUCE, Senior Captain, Anchorage Fire Department, said he
has been the department peer support coordinator for six years.
He discussed the cost-savings of peer support counselors. Peer
support has helped members return to full duty and reach post-
traumatic growth. Without a peer support program, he surmised,
many members would leave his department due to mental health
issues or substance abuse. Personnel replacement takes time,
wages, and training. He discussed cost-savings from reduced
turnover. He explained that preventing the replacement of
experienced personnel generated $412,000 per year over six years
in savings to the Anchorage Fire Department. The
confidentiality piece of SB 103 would encourage members to come
forward to get the aid needed to return to duty, he said.
3:57:19 PM
REPRESENTATIVE C. JOHNSON asked Mr. Bruce if he is a mandatory
reporter.
MR. BRUCE said that all first responders are mandatory
reporters. Mandatory reporting requires a break in
confidentiality under certain set circumstances.
REPRESENTATIVE C. JOHNSON asked if SB 103, as amended, would
relieve first responders from mandatory reporting.
MR. BRUCE responded no, first responders are mandatory
reporters.
3:58:03 PM
ANGELINA SALVATO, representing self, testified in support of SB
103. She described her experience working for the Anchorage
Police Department where she was involved in an officer-involved
shooting and was made a criminal suspect. She mentioned that
she was not permitted to discuss the case for two years. She
explained that the peer-counselor program makes it possible for
first responders to maintain wellness.
3:59:53 PM
REPRESENTATIVE C. JOHNSON asked to hear from the bill sponsor
about mandatory reporting.
4:00:20 PM
MR. HOLZENBERG answered that the bill has exceptions to
confidentiality including when threats of harm are made to
oneself or others; if there are admissions of criminal conduct;
if information is given about abuse of vulnerable adults or
children; or if any information is disclosed that is established
by mandatory reporting laws.
4:01:16 PM
MS. SALVATO, in response to a question about mandatory
reporting, discussed that the bill's language is similar to
bills in Washington and Oregon. The bill exempts peer-
counselors from confidentiality in specific situations. She
asked if this bill goes far enough for confidentiality.
Confidentiality does not allow counselors to withhold
information to protect the first responder if something is
revealed and is listed under the mandatory reporting
requirements.
4:02:39 PM
REPRESENTATIVE C. JOHNSON sought to clarify the difference
between withholding and reporting.
4:03:10 PM
MS. SAVALTO clarified that mandatory reporters are not exempt
from reporting under specific situations mentioned earlier.
4:03:42 PM
REPRESENTATIVE C. JOHNSON expressed his concerns and sought the
Department of Law to answer his question.
4:04:11 PM
The committee took an at-ease from 4:04 p.m. to 4:09 p.m.
4:09:55 PM
REPRESENTATIVE CARPENTER referred to page 2, subsection (b),
concerning oral or written information and asked if SB 103, as
amended, includes grand jury proceedings. He explained that he
asked the question on the record and would await follow-up from
the Department of Law to answer the question later.
CHAIR SHAW announced that SB 103, as amended, was held over.
4:11:17 PM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 4:11
p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SSCR 5.fiscal note.2.13.pdf |
HSTA 3/7/2024 3:00:00 PM |
SSCR 5 |
| SSCR 5 Version A.pdf |
HSTA 3/7/2024 3:00:00 PM |
SSCR 5 |
| HJR13 Sponsor Statement 1.19.24.pdf |
HSTA 1/25/2024 3:00:00 PM HSTA 2/1/2024 3:00:00 PM HSTA 3/7/2024 3:00:00 PM |
HJR 13 |
| HJR13 ver A 1.19.24.pdf |
HSTA 1/25/2024 3:00:00 PM HSTA 2/1/2024 3:00:00 PM HSTA 3/7/2024 3:00:00 PM |
HJR 13 |
| CSHJR 13 version B.pdf |
HSTA 1/25/2024 3:00:00 PM HSTA 2/1/2024 3:00:00 PM HSTA 3/7/2024 3:00:00 PM |
HJR 13 |
| CSHJR 13 Explanation of Changes from Version A to B.pdf |
HSTA 2/1/2024 3:00:00 PM HSTA 3/7/2024 3:00:00 PM |
HJR 13 |
| HJR13 - Term Limits Presentation.pdf |
HSTA 1/25/2024 3:00:00 PM HSTA 2/1/2024 3:00:00 PM HSTA 3/7/2024 3:00:00 PM |
HJR 13 |
| HJR 13 Fiscal Note 1.pdf |
HSTA 3/7/2024 3:00:00 PM |
HJR 13 |
| SB 103 Version A.PDF |
HSTA 2/29/2024 3:00:00 PM HSTA 3/7/2024 3:00:00 PM |
SB 103 |
| SB 103 Sponsor Statement 4.25.2022.pdf |
HSTA 2/29/2024 3:00:00 PM HSTA 3/7/2024 3:00:00 PM |
SB 103 |
| SB 103 Sectional Analysis Version A 3.20.23.pdf |
HSTA 2/29/2024 3:00:00 PM HSTA 3/7/2024 3:00:00 PM |
SB 103 |
| SB 103 Fiscal Note DPS 1.14.2024.pdf |
HSTA 2/29/2024 3:00:00 PM HSTA 3/7/2024 3:00:00 PM |
SB 103 |
| SB 103 Fiscal Note DoC 4.5.23.PDF |
HSTA 2/29/2024 3:00:00 PM HSTA 3/7/2024 3:00:00 PM |
SB 103 |
| HB 245 Amendment 1 HSTA.pdf |
HSTA 3/7/2024 3:00:00 PM |
HB 245 |
| SB 103 Amendment 1 HSTA.pdf |
HSTA 3/7/2024 3:00:00 PM |
SB 103 |
| CSSB 12 Version H.pdf |
HSTA 3/7/2024 3:00:00 PM |
SB 12 |
| CSSB 12 Explanation of Change Version R to H.pdf |
HSTA 3/7/2024 3:00:00 PM |
SB 12 |
| HB 245 Fiscal Note 1 DOR.pdf |
HSTA 3/7/2024 3:00:00 PM |
HB 245 |