Legislature(2021 - 2022)BUTROVICH 205
04/19/2022 01:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| HB62 | |
| HB184 | |
| SB216 | |
| SB184 | |
| SB242 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 62 | TELECONFERENCED | |
| += | HB 184 | TELECONFERENCED | |
| += | SB 216 | TELECONFERENCED | |
| += | SB 184 | TELECONFERENCED | |
| *+ | SB 242 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
April 19, 2022
1:34 p.m.
MEMBERS PRESENT
Senator David Wilson, Chair
Senator Shelley Hughes, Vice Chair
Senator Mia Costello
Senator Lora Reinbold
Senator Tom Begich
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 62(JUD) AM
"An Act relating to the Legislative Ethics Act; relating to
solemnization of marriage; and relating to consent to marriage."
- HEARD & HELD
HOUSE BILL NO. 184
"An Act requiring state participation in a tribal child welfare
compact."
- MOVED SCS HB 184(HSS) OUT OF COMMITTEE
SENATE BILL NO. 216
"An Act relating to dementia awareness."
- MOVED SB 216 OUT OF COMMITTEE
SENATE BILL NO. 184
"An Act relating to Alaska Native settlement trusts and
eligibility for adult public assistance, senior benefits, and
the Alaska Pioneers' Home."
- MOVED CSSB 184(HSS) OUT OF COMMITTEE
SENATE BILL NO. 242
"An Act relating to exemptions for the purchase and sale of
certain food products for home consumption under the Alaska Food
Freedom Act."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 62
SHORT TITLE: MARRIAGE: WITNESSES/SOLEMNIZATION/CONSENT
SPONSOR(s): REPRESENTATIVE(s) CLAMAN
02/18/21 (H) PREFILE RELEASED 1/15/21
02/18/21 (H) READ THE FIRST TIME - REFERRALS
02/18/21 (H) STA, JUD
02/25/21 (H) STA AT 3:00 PM GRUENBERG 120
02/25/21 (H) -- MEETING CANCELED --
03/04/21 (H) STA AT 3:00 PM GRUENBERG 120
03/04/21 (H) Heard & Held
03/04/21 (H) MINUTE(STA)
03/09/21 (H) STA AT 3:00 PM GRUENBERG 120
03/09/21 (H) Heard & Held
03/09/21 (H) MINUTE(STA)
03/11/21 (H) STA AT 3:00 PM GRUENBERG 120
03/11/21 (H) Moved HB 62 Out of Committee
03/11/21 (H) MINUTE(STA)
03/12/21 (H) STA RPT 4DP 2DNP 1AM
03/12/21 (H) DP: CLAMAN, STORY, TARR, KREISS-TOMKINS
03/12/21 (H) DNP: EASTMAN, VANCE
03/12/21 (H) AM: KAUFMAN
03/19/21 (H) JUD AT 1:30 PM GRUENBERG 120
03/19/21 (H) <Bill Hearing Canceled>
03/24/21 (H) JUD AT 1:30 PM GRUENBERG 120
03/24/21 (H) Heard & Held
03/24/21 (H) MINUTE(JUD)
03/29/21 (H) JUD AT 1:00 PM GRUENBERG 120
03/29/21 (H) <Bill Hearing Canceled>
03/31/21 (H) JUD AT 1:00 PM GRUENBERG 120
03/31/21 (H) Moved CSHB 62(JUD) Out of Committee
03/31/21 (H) MINUTE(JUD)
04/05/21 (H) JUD RPT CS(JUD) NEW TITLE 4DP 3DNP
04/05/21 (H) DP: DRUMMOND, KREISS-TOMKINS, SNYDER,
CLAMAN
04/05/21 (H) DNP: EASTMAN, VANCE, KURKA
03/09/22 (H) SUSTAINED RULING OF CHAIR Y21 N14 E4 A1
03/11/22 (H) TECHNICAL SESSION 3/11 - ON 3/14
CALENDAR
03/16/22 (H) TRANSMITTED TO (S)
03/16/22 (H) VERSION: CSHB 62(JUD) AM
03/18/22 (S) READ THE FIRST TIME - REFERRALS
03/18/22 (S) HSS, JUD
04/05/22 (S) HSS AT 1:30 PM BUTROVICH 205
04/05/22 (S) Heard & Held
04/05/22 (S) MINUTE(HSS)
04/19/22 (S) HSS AT 1:30 PM BUTROVICH 205
BILL: HB 184
SHORT TITLE: REQUIRE TRIBAL CHILD WELFARE COMPACT
SPONSOR(s): REPRESENTATIVE(s) ZULKOSKY
04/21/21 (H) READ THE FIRST TIME - REFERRALS
04/21/21 (H) HSS, FIN
04/22/21 (H) HSS AT 3:00 PM DAVIS 106
04/22/21 (H) Heard & Held
04/22/21 (H) MINUTE(HSS)
04/27/21 (H) HSS AT 3:00 PM DAVIS 106
04/27/21 (H) Moved HB 184 Out of Committee
04/27/21 (H) MINUTE(HSS)
04/28/21 (H) HSS RPT 4DP 2NR 1AM
04/28/21 (H) DP: FIELDS, SPOHNHOLZ, SNYDER, ZULKOSKY
04/28/21 (H) NR: PRAX, KURKA
04/28/21 (H) AM: MCCARTY
04/28/21 (H) TRB REPLACES FIN REFERRAL
04/28/21 (H) BILL REPRINTED
05/04/21 (H) TRB RPT 4DP
05/04/21 (H) DP: TARR, ORTIZ, CRONK, ZULKOSKY
05/04/21 (H) TRB AT 8:00 AM DAVIS 106
05/04/21 (H) Moved HB 184 Out of Committee
05/04/21 (H) MINUTE(TRB)
05/13/21 (H) BEFORE HOUSE IN THIRD READING
05/13/21 (H) TRANSMITTED TO (S)
05/13/21 (H) VERSION: HB 184
05/14/21 (S) READ THE FIRST TIME - REFERRALS
05/14/21 (S) HSS
03/31/22 (S) HSS AT 1:30 PM BUTROVICH 205
03/31/22 (S) Heard & Held
03/31/22 (S) MINUTE(HSS)
04/19/22 (S) HSS AT 1:30 PM BUTROVICH 205
BILL: SB 216
SHORT TITLE: DEMENTIA AWARENESS
SPONSOR(s): SENATOR(s) COSTELLO
02/22/22 (S) READ THE FIRST TIME - REFERRALS
02/22/22 (S) HSS, FIN
04/12/22 (S) HSS AT 1:30 PM BUTROVICH 205
04/12/22 (S) Heard & Held
04/12/22 (S) MINUTE(HSS)
04/19/22 (S) HSS AT 1:30 PM BUTROVICH 205
BILL: SB 184
SHORT TITLE: SETTLEMENT TRUSTS & BENEFITS ELIGIBILITY
SPONSOR(s): SENATOR(s) BEGICH
02/08/22 (S) READ THE FIRST TIME - REFERRALS
02/08/22 (S) HSS, FIN
02/17/22 (S) HSS AT 1:30 PM BUTROVICH 205
02/17/22 (S) Heard & Held
02/17/22 (S) MINUTE(HSS)
04/12/22 (S) HSS AT 1:30 PM BUTROVICH 205
04/12/22 (S) Scheduled but Not Heard
04/19/22 (S) HSS AT 1:30 PM BUTROVICH 205
BILL: SB 242
SHORT TITLE: EXEMPTIONS FOR FOOD PRODUCTS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
04/08/22 (S) READ THE FIRST TIME - REFERRALS
04/08/22 (S) HSS, FIN
04/19/22 (S) HSS AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
KATY GIORGIO, Staff
Representative Tiffany Zulkosky
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented an overview of HB 184 on behalf of
the sponsor.
KIM GUAY, Director
Office of Children's Services
Department of Family and Community Services (DFCS)
Anchorage, Alaska
POSITION STATEMENT: Answered questions on HB 184.
KATY MCCALL, Staff
Senator Mia Costello
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided information on SB 216 on behalf of
the sponsor.
LOKI TOBIN, Staff
Senator Tom Begich
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Offered a brief review of SB 184 on behalf
of the sponsor.
JASON BRUNE, Commissioner
Department of Environmental Conservation
Anchorage, Alaska
POSITION STATEMENT: Offered opening remarks on SB 242 on behalf
of the administration.
DOUG VINCENT-LANG, Commissioner
Alaska Department of Fish and Game (ADF&G)
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 242 on behalf of
the administration.
CHRISTINA CARPENTER, Director
Division of Environmental Health
Department of Environmental Conservation (DEC)
Anchorage, Alaska
POSITION STATEMENT: Presented a PowerPoint titled SB 242: Alaska
Food Freedom Act.
DAVID W. SCHADE, Director
Division of Agriculture
Department of Natural Resources (DNR)
Palmer, Alaska
POSITION STATEMENT: Answered questions on SB 242.
AMY SEITZ, Executive Director
Alaska Farm Bureau
Soldotna, Alaska
POSITION STATEMENT: Testified with concerns on SB 242.
SCOTT MURGRAGE, President
Alaska Farm Bureau
Soldotna, Alaska
POSITION STATEMENT: Testified with concerns on SB 242
ACTION NARRATIVE
1:34:56 PM
CHAIR DAVID WILSON called the Senate Health and Social Services
Standing Committee meeting to order at 1: p.m. Present at the
call to order were Senators Begich, Costello, Reinbold, and
Chair Wilson. Senator Hughes arrived shortly thereafter.
HB 62-MARRIAGE: WITNESSES/SOLEMNIZATION/CONSENT
1:36:05 PM
CHAIR WILSON announced the consideration of CS FOR HOUSE BILL
NO. 62(JUD) am "An Act relating to the Legislative Ethics Act;
relating to solemnization of marriage; and relating to consent
to marriage."
He stated that the intent was to adopt a committee substitute
and hold the bill for future consideration.
1:36:30 PM
At ease.
1:36:50 PM
CHAIR WILSON reconvened the meeting and solicited a motion.
1:36:55 PM
SENATOR COSTELLO moved to adopt the Senate Committee Substitute
(SCS) for HB 62, work order 32-LS0272\I, as the working
document, and objected for purposes of discussion.
1:37:13 PM
CHAIR WILSON explained that the SCS adds two restrictions on
unemancipated people ages 16 and 17. He described these
restrictions as follow:
First, it adds parental consent and they must also
receive approval from a superior court judge who
determines the marriage is in the minor's best
interest. Second, the minor cannot marry someone if
they're more than three years older. For example, a
16-year-old can only marry up to a 19-year-old and a
17-year-old can marry up to a 20-year-old.
He noted the Legislative Legal Services opinion about
unemancipated minors.
1:38:40 PM
SENATOR BEGICH offered his understanding that under version I,
an emancipated youth would not be restricted to marry.
CHAIR WILSON answered that is correct.
1:38:58 PM
SENATOR HUGHES joined the committee.
SENATOR BEGICH said he appreciated the clarification, because he
wanted to ensure that the rights of emancipated youths were
protected.
1:39:28 PM
At ease.
1:39:54 PM
CHAIR WILSON reconvened the meeting.
1:39:56 PM
SENATOR COSTELLO stated that emancipated youths are able to
enter into contracts and thus are able get married. As written,
the SCS doesn't change what is currently allowed, and that is
one reason she is opposed to the SCS. She said the legal
memorandum dated April 18, 2022 also mentions that the SCS is
unnecessary because those minors are already permitted to marry.
There are only certain things, such as using alcoholic beverages
that an emancipated youth is not able to do. She reiterated that
adding the exception for emancipated youth was unnecessary.
SENATOR COSTELLO stated that she was maintaining her objection
to adopting the SCS.
1:40:59 PM
SENATOR REINBOLD asked how this version would affect a 17-year-
old's ability to marry even if she was not emancipated.
CHAIR WILSON stated that under version I, a 17-year-old would be
able to marry if they had parental consent, approval from a
superior court judge, and the spouse was not more than 3 years
older.
CHAIR WILSON extended the amendment deadline until Monday the
25th.
1:42:40 PM
CHAIR WILSON asked for a roll call vote on adopting the SCS,
version I.
1:42:51 PM
A roll call vote was taken. Senators Begich, Hughes and Wilson
voted in favor of the motion to adopt SCS CSHB 62, work order
32-LS0272\I, and Senators Costello and Reinbold voted against
it.
Therefore, the motion to adopt the SCS for HB 62 passed on a 3:2
vote.
1:43:06 PM
CHAIR WILSON announced that the SCS for HB 62, version I, was
adopted as the working document on a 3:2 vote.
1:43:16 PM
CHAIR WILSON held HB 62 in committee.
HB 184-REQUIRE TRIBAL CHILD WELFARE COMPACT
1:43:37 PM
CHAIR WILSON announced the consideration of HOUSE BILL NO. 184
"An Act requiring state participation in a tribal child welfare
compact."
CHAIR WILSON asked the sponsor's staff to give a brief overview
of the bill before the committee considered an amendment.
1:43:59 PM
At ease.
1:44:43 PM
CHAIR WILSON reconvened the meeting.
1:45:10 PM
KATY GIORGIO, Staff, Representative Tiffany Zulkosky, Alaska
State Legislature, Juneau, Alaska, stated that HB 184 would
codify the Tribal Child Welfare Compact in statute.
1:45:45 PM
SENATOR BEGICH asked if the sponsor had any objection to the
modification [in the forthcoming amendment].
MS. GIORGIO stated that Representative Zulkosky does not object
to the forthcoming amendment.
CHAIR WILSON clarified that there was a forthcoming amendment,
not a committee substitute (CS).
1:46:06 PM
CHAIR WILSON moved Amendment 1, work order 32-LS0722\I.1.
32-LS0722\I.1
Ambrose
4/1/22
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR WILSON
Page 1, line 1:
Delete "requiring"
Insert "relating to"
Page 1, line 4:
Delete "shall"
Insert "may"
1:46:09 PM
SENATOR HUGHES objected for purposes of discussion.
1:46:11 PM
CHAIR WILSON explained that the change in terminology from
"requiring" to "relating to" is a change in the title. The
change from "shall" to "may" allows, but does not require, the
department to enter into a compact. This allows the department
more flexibility to work with an entity to ensure it is prepared
and eligible to be a compact member.
1:47:00 PM
SENATOR HUGHES removed her objection.
CHAIR WILSON found no further objection, and Amendment 1 was
adopted.
SENATOR COSTELLO highlighted that adopting the amendment means a
title change resolution will be required.
SENATOR BEGICH said he looks forward to seeing the bill on the
floor.
1:47:37 PM
SENATOR HUGHES mentioned a conversation she had with somebody
who had worked with the Office of Children's Services (OCS) who
was concerned about the bill and the protections it may or may
not provide for children. She asked if there had been a pilot
project and whether the compact would be very strict to make
sure that everything is done properly to ensure child safety.
MS. GIORGIO answered that the compact has been in place since
2017, and each year OCS and the tribal cosigners revisit the
terms of the compact. She deferred further explanation to Kim
Guay.
1:49:49 PM
KIM GUAY, Director, Office of Children's Services, Department of
Family and Community Services (DFCS), Anchorage, Alaska,
explained that the tribal cosigners and OCS are working in
partnership so that more than one set of eyes is on the families
receiving services. This work also involves oversight from the
federal government because these children are typically in the
foster care system. Everything OCS is doing to check these
families, such as background checks, the tribes are also doing.
1:50:58 PM
CHAIR WILSON found no further questions and solicited a motion.
1:51:07 PM
SENATOR HUGHES moved to report HB 184, work order 32-LS0722\I as
amended, from committee with individual recommendations and
attached fiscal note(s).
1:51:21 PM
CHAIR WILSON found no objection and SCS HB 184(HSS), was
reported from the Senate Health and Social Services Standing
Committee.
1:51:32 PM
At ease
SB 216-DEMENTIA AWARENESS
1:55:10 PM
CHAIR WILSON reconvened the meeting and announced the
consideration of SENATE BILL NO. 216 "An Act relating to
dementia awareness."
1:55:33 PM
KATY MCCALL, Staff, Senator Mia Costello, Alaska State
Legislature, Juneau, Alaska, reminded the committee that SB 216
would create a dementia awareness campaign which would help the
state qualify for a share of the $25 million in federal funding
that is available through the 2018 Building Our Largest Dementia
(BOLD) Infrastructure for Alzheimer's Act. She noted that since
the hearing last week followed up with the requested information
about that funding. The Core Capacity grant funding is for
states like Alaska that are just starting their dementia
infrastructure. It also lays the groundwork for the state to
qualify for the Enhanced Capacity grants at some time in the
future. The state could qualify for this next funding by
establishing ongoing programs and making a plan to expand the
dementia awareness activities in the future.
1:57:24 PM
CHAIR WILSON advised that the information Ms. Bolling sent were
uploaded to BASIS. He found no questions or comments and asked
the sponsor if she had any closing comments.
SENATOR COSTELLO thanked everyone who supported the legislation
and opined that it was a good time for the legislature to pass
legislation that will help educate Alaskans about dementia.
CHAIR WILSON solicited a motion.
1:58:41 PM
SENATOR HUGHES moved to report SB 216, work order 32-LS1583\A,
from committee with individual recommendations and attached
fiscal note(s).
1:58:54 PM
CHAIR WILSON found no objection and SB 216 was reported from the
Senate Health and Social Services Standing Committee.
1:58:58 PM
At ease.
SB 184-SETTLEMENT TRUSTS & BENEFITS ELIGIBILITY
2:04:23 PM
CHAIR WILSON reconvened the meeting and announced the
consideration of SENATE BILL NO. 184 "An Act relating to Alaska
Native settlement trusts and eligibility for adult public
assistance, senior benefits, and the Alaska Pioneers' Home."
He asked Loki Tobin to give a brief overview of the bill before
the committee considered a committee substitute (CS).
2:04:51 PM
LOKI TOBIN, Staff, Senator Tom Begich, Alaska State Legislature,
Juneau, Alaska, paraphrased the sponsor statement for SB 184. It
read as follows:
Historic in its application, the Alaska Native Claims
Settlement Act (ANCSA) sought to resolves indigenous
land claims by transferring land titles to regional
corporations for the benefit of Alaska Natives and
their descendants. Part of the settlement included
distributions or benefits to 1971 enrolled tribal
members, compensating them for their portion of
historic land ownership and in recognition that
financial resources may be needed to preserve
indigenous cultures and ensure Alaska Natives and
their descendants are able to contribute to live in
indigenous communities.
Distributions or benefits from ANCSA settlements are
meant to compensate Alaska Natives and their
descendants for indigenous land claims and are
separate from other benefits an individual may receive
due to disability or age. Unfortunately, the law as it
currently is written does not guarantee an Alaska
Native can and will receive their rightful
distribution as well as other benefits available to
all Alaskans due to qualifying circumstances. Senate
Bill 184 seeks by statute to exclude certain payments
to aged or disabled Alaska Natives or their
descendants from being used to determine eligibility
for adult public assistance, senior benefits, and the
Alaska Pioneers' Home. A similar bill is currently
being considered in the United States Congress,
introduced by Senator Murkowski and co-sponsored by
Senator Sullivan.
2:06:02 PM
CHAIR WILSON solicited a motion to adopt the CS.
2:06:07 PM
SENATOR HUGHES moved to adopt the Senate Health and Social
Services CS for SB 184, work order 32-LS1473\B, as the working
document.
2:06:19 PM
CHAIR WILSON objected for purposes of discussion. He explained
that the CS does two things. First, it removes the references to
an Alaska Native individual or a descent of an Alaska Native
individual and opens the legislation to any beneficiary of a
trust settlement. Second, it places a $1,500 cap on the income.
2:06:55 PM
SENATOR HUGHES asked him to confirm that the cap is not on
individual income; it's the amount of interest in a settlement
trust.
CHAIR WILSON agreed.
2:07:08 PM
SENATOR BEGICH agreed with Senator Hughes and added an
individual who received a settlement or interest payment that
was over $1,500 would lose their benefits. It's the same idea as
the cap on the PFD [to determine certain eligibility].
CHAIR WILSON called in a hold harmless provision and the sponsor
agreed.
SENATOR HUGHES offered her belief that the CS made the bill a
better product. She asked the sponsor if it resolves a problem
and creates more fairness.
2:08:50 PM
SENATOR BEGICH answered yes; it addresses a fairness issue about
somebody continuing to receive public assistance when they are
receiving consistently large dividends that remove the need for
public assistance. He stated support for the changes.
2:09:31 PM
CHAIR WILSON removed his objection; he found no further
objection and the CS for SB 184, version B, was adopted as the
working document.
He asked the sponsor if he had any closing comments.
SENATOR BEGICH said the law is nuanced and unintended
consequences have to be addressed. He expressed appreciation for
the committee's thoughtfulness.
2:10:26 PM
SENATOR HUGHES moved to report SB 184, work order 32-LS1473\B,
from committee with individual recommendations and attached
fiscal note(s).
2:10:41 PM
CHAIR WILSON found no objection and CSSB 184(HSS) was reported
from committee.
2:10:49 PM
At ease.
SB 242-EXEMPTIONS FOR FOOD PRODUCTS
2:12:52 PM 55
CHAIR WILSON reconvened the meeting and announced the
consideration of SENATE BILL NO. 242 "An Act relating to
exemptions for the purchase and sale of certain food products
for home consumption under the Alaska Food Freedom Act."
2:13:28 PM
At ease.
2:15:00 PM
CHAIR WILSON reconvened the meeting and recognized Commissioner
Jason Brune.
2:15:17 PM
JASON BRUNE, Commissioner, Department of Environmental
Conservation, Anchorage, Alaska, said he would like to yield his
time to Commissioner Vincent-Lang to provide opening remarks as
Co-Chair of the governor's initiative on food security.
2:15:57 PM
DOUG VINCENT-LANG, Commissioner, Alaska Department of Fish and
Game (ADF&G), Juneau, Alaska,
If we learned one thing one thing from COVID, it's
just how vulnerable our state is to disruptions in
food supply. Food shelves across Alaska were bare and
supplies were short all across the state. This was
especially true in Rural Alaska. Alaskans became
really aware of how dependent we are on food
deliveries from outside Alaska. In essence, we have
less than a week's supply of some food items,
especially perishable items. Without resupply,
shortages did occur and will likely occur into the
future. This resulted in increased awareness
surrounding the issue of food security across our
state.
In response, Governor Dunleavy has issued an
administrative order establishing a food security task
force to evaluate this issue and to make
recommendations how best to increase our state's food
security. Membership on this taskforce is being
recruited and if anyone is interested in serving,
please apply to the Office of Boards and Commissions
in the Governor's Office. I also understand the Alaska
legislature is considering establishing a task force
to address this important issue.
We also have a bill you're hearing today on the table.
We support this as one means to increase food security
across our state. This bill provides exemptions for
the purchase and sale of certain food products for
home consumption. The purpose of this act is to allow
producers to sell homemade food products to an
informed end user and to encourage the expansion of
homemade food sales at farmers markets, agricultural
fairs, ranches, farms, and producers homes to informed
end users by providing Alaskans with unimpeded access
to food from known sources.
In addition to other undertakings, this will lessen
dependency on outside food sources thereby improving
food security across our state. This bill exempts the
sale of seafood and game meat. That said, we
understand one element of food security is the
importance for our wild populations of fish and game
resources to Alaskans. Alaskans directly harvest fish
and game through subsistence, personal use, and sport
fishing and hunting regulations. They also access
these resources by purchasing commercially harvested
Alaskan seafood products. Last week I saw direct
marketing of cod fillets. Also, in most coastal
communities one can directly purchase Alaska seafood
at the docks. We need to explore more options for
making Alaska's commercially caught salmon available
throughout Alaska.
In closing, I urge your support for this bill. I also
support your participation in the Governor's food
security task force.
2:19:14 PM
COMMISSIONER BRUNE began the PowerPoint presentation, SB 242:
Alaska Food Freedom Act. He spoke to the points on slide 2:
Increasing Alaska's Food Production and Sales
• 95% of food purchased in Alaska is imported.
• The ongoing pandemic has demonstrated how fragile
the Alaskan food supply chain is.
• Governor Dunleavy is committed to addressing this
issue through the creation of the Food Security &
Independence Taskforce (AO 331).
• Creating broader opportunities for small
homebased businesses to make and sell food
products will provide more local food options.
• Building a food secure Alaska will also open the
doors to greater economic opportunities for home-
based businesses.
COMMISSIONER BRUNE stated that the task force looks forward to
working with the legislature to build a more secure Alaska that
has more economic opportunities that will help home-based
businesses and Alaskans thrive.
2:20:54 PM
CHRISTINA CARPENTER, Director, Division of Environmental Health,
Department of Environmental Conservation (DEC), Anchorage,
Alaska, highlighted that the governor put forward a $25 million
capital appropriation to increase food security for the
agricultural industry. This appropriation and SB 242 offer a
multi-prog approach to increase food security in Alaska.
MS. CARPENTER discussed slide 3:
National Legislation
• Most states have cottage food laws, which allow
the sale of homemade non-potentially hazardous
foods directly from producer to end consumer.
• Alaska has had cottage food regulations in
place since 2012.
• Food Freedom Laws expand cottage food exemptions
to allow the production of potentially hazardous
foods in a home kitchen without regulatory
oversight.
• Wyoming passed the first Food Freedom Law in
2015.
• Since then, Maine, North Dakota, and Utah have
passed similar acts.
She stated that food freedom laws allow the direct sale of foods
that require time and temperature controls. These products are
made in home kitchens that are not permitted or inspected, and
they must be sold directly to the end consumer.
2:23:27 PM
MS. CARPENTER reviewed the definitions of potentially and non-
potentially hazardous foods outlined on slide 4:
Food Category Definitions
• Potentially hazardous foods are foods that
require time or temperature control to reduce the
risk of contaminants (pathogens, toxins, etc.)
that could cause foodborne illness.
• Direct sale between the producer and end
consumer.
• Examples heat treated fruits and vegetables,
fresh herb-in-oil mixtures, meat, and products
made with dairy.
• Non-potentially hazardous foods are foods that do
not require time or temperature control.
• Direct sale has been allowed since 2012. Now
expanded to allow retail sales.
• Examples pickles, fresh fruits and
vegetables, coffee beans, and popcorn.
2:25:21 PM
MS. CARPENTER paraphrased the bullet points on slide 5:
Alaska's Food Freedom Act (AFFA) Overview
• Exempts most homemade food from labeling,
licensing, packaging, permitting, and inspection
requirements.
• Codifies DEC's existing cottage food regulations
in statute and expands exemptions to allow retail
sales of non-potentially hazardous foods.
• Creates an "animal share" arrangement that would
exempt meat producers from oversight if certain
conditions are met.
• Alaska's Food Freedom Act would be the least
restrictive in the nation because it allows
limited retail sales and the creation of an
"animal share" exemption.
2:26:22 PM
MS. CARPENTER stated that the next three slides serve as the
sectional analysis. They discuss what the bill does and provide
examples of what is and is not exempted under the legislation.
She reviewed slide 6:
SB 242: Alaska Food Freedom Act
• AS 17.20.331 creates an exemption for the
purchase and sale of homemade food products for
home consumption and provides applicable
restrictions or limitations on transaction
requirements, food ingredients, and labeling or
signage requirements.
• Potentially hazardous foods will be allowed for
direct sale between the producer and end
consumer.
• Non-potentially hazardous foods are now
expanded to allow retail sales.
• Food products must be produced and sold in
Alaska. No interstate commerce allowed.
• Producer can make up to $250,000 in gross sales
annually.
• Does not allow the purchase of meat or meat
products, seafood, controlled substances, oil
rendered from animal fat, and game meat.
MS. CARPENTER highlighted that the administration would consider
a friendly amendment to eliminate the $250,000 cap on the annual
gross sales for producers.
2:28:12 PM
CHAIR WILSON asked if the administration had discussed this with
the sponsor and already had an amendment for the committee to
consider.
MS. CARPENTER answered that the administration had done neither,
but would be happy to do so.
2:28:37 PM
SENATOR BEGICH said the description of the hazardous and
nonhazardous foods caused some concern. He added that he liked
the $250,000 cap because if would eliminate the possibility of
industrial production of products that would not be subject to
inspection. He asked how the administration was justifying what
seemed to be an effort to relinquish the constitutional
responsibility to protect the health and safety of citizens.
COMMISSIONER BRUNE answered:
I think the emphasis that we have is on an informed
end consumer, and putting the onus on them. Yes we do
have a responsibility but we believe that the products
we're talking about that are included in this bill
will still meet that intent of protecting public
safety, but at the same time ensuring that the food
freedom opportunities that are out there will exist
for Alaskans to be able to make informed decisions as
they make those purchasing decisions.
2:30:28 PM
CHAIR WILSON said the response caused him pause because it was a
buyer beware warning for Alaskans who might decide to buy this
food.
SENATOR BEGICH agreed.
2:30:44 PM
SENATOR HUGHES wondered about the legal implications of a
producer selling product that doesn't have to be labeled
directly to an end user. She said she didn't see anywhere in the
bill that the producer would be freed of responsibility if the
end user were to get sick.
MS. CARPENTER confirmed that the bill did not speak to
liability. She described that as part of being an informed end
consumer in a direct-sale transaction.
2:32:22 PM
SENATOR HUGHES said she supports the concept, but the consumers
need to understand there is some risk. She asked whether the
administration had considered a requirement for labeling that
mentions the potential risk.
2:33:29 PM
MS. CARPENTER responded that the bill has some transactional
requirements for potentially hazardous foods; the producer has
to inform the purchaser that the products are not manufactured
in an inspected kitchen.
SENATOR HUGHES said she'd look at that language. She reiterated
that she generally believes this is a great idea.
2:34:53 PM
SENATOR BEGICH said he too is generally supportive of the
concept, but his concern is that the average end consumer will
not necessarily be informed. He also questioned whether this
might expose these food producers to unrealistic liability. He
asked whether the administration had given this any thought.
2:36:31 PM
COMMISSIONER BRUNE offered his belief that the general public is
smarter than he is in making decisions about whether or not to
buy these cottage food products. He also pointed out that
industrial food that is regularly inspected can be recalled
because it is determined to be unsafe.
2:37:45 PM
MS. CARPENTER continued the presentation with a review of slide
7:
SB 242: Alaska Food Freedom Act
• AS 17.20.332 establishes conditions and
requirements of animal share operations in
statute, which would allow the sharing of meat
and meat products by individuals participating in
a herd share arrangement.
• Shared ownership must be established before the
animal(s) is slaughtered;
• Labeling requirements;
• No further sales or distribution allowed.
• AS 17.20.337 contains clarifications to the bill,
including
• DEC retains its investigative and regulatory
powers;
• State agencies may provide assistance,
consultation, or guidance at the request of the
producer;
• the bill shall not be construed as more
restrictive than applicable federal
requirements; and
• the bill does not affect any federal or local
laws.
2:39:35 PM
SENATOR REINBOLD read the first two bullet points under AS
17.20.337 and asked how that works when the producer is cooking
the food in their home kitchen. She wondered about the potential
for violating private property rights, calling it an oxymoron
for the government to say it was going to help by being Big
Brother watching over the producer's shoulder.
COMMISSIONER BRUNE pointed out that it says that any assistance,
consultation, or guidance a state agency provides would be at
the request of the producer.
2:41:35 PM
SENATOR BEGICH observed that the exceptions that start on page 4
line 20 are not about the department being invited into a
producer's home. That provision is about the department
retaining the authority to inspect and investigate, which gives
him reason to support the bill. He acknowledged Senator
Reinbold's concerns and asked Commissioner Brune what he could
say to allay her concerns.
COMMISSIONER BRUNE said the goal is to not go into a producer's
house, but if an outbreak were to occur, the department needs
the authority to do an inspection.
2:43:32 PM
MS. CARPENTER added that a lot of the work to investigate a
food-borne outbreak can be conducted over the phone. The
department regularly looks into complaints about a regulated
entity by first talking to the manager in charge to determine
whether the complaint was warranted. She assured the committee
that entering a private residence would be a last resort.
SENATOR BEGICH highlighted that the language in in paragraph (A)
on page 4, line 21 is restrictive. Nothing in the bill gives the
department the authority to enter a producer's home unless there
was a report of:
(i) foodborne illness, food caused injury, or death;
(ii) unsafe sanitary practices; or
(iii) misbranded or adulterated food;
He asked Ms. Carpenter if that was an accurate interpretation of
the language.
CARPENTER answered yes.
CHAIR WILSON asked if she agreed that this was not similar to a
no-knock warrant.
CARPENTER answered that is correct.
CHAIR WILSON asked her to continue the presentation.
CARPENTER turned to slide 8 and explained that it is a chart
that provides examples of products that would and would not be
allowed under the Alaska Food Freedom Act.
SENATOR BEGICH commented that he was sad that people were still
buying kombucha.
SENATOR REINBOLD voiced support for opportunities to buy
kombucha.
2:46:43 PM
CHAIR WILSON opened public testimony on SB 242; finding none, he
closed public testimony.
He noted that David Schade was available for questions.
SENATOR REINBOLD stated that she had tried for several years to
get disaster declaration bills to include information about
food, medical supplies, water, and communication. She opined
that with the current supply chain issues, this information has
become urgent. She asked what the director of the Division of
Agriculture would suggest to elevate the urgency of this issue.
2:48:35 PM
DAVID SCHADE, Director, Division of Agriculture, Department of
Natural Resources (DNR), Palmer, Alaska, stated that the
Dunleavy administration considers food security a high priority.
To this end, a task force is working on the issue, the
administration has proposed funding in the capital budget for
additional land sales for the Nenana-Totchaket project,
increasing seed opportunities for farmers, and continuing
existing grants and incentives in traditional agriculture and
mariculture. He offered to follow up with additional details.
SENATOR REINBOLD invited him to her upcoming townhall meeting.
2:50:14 PM
SENATOR HUGHES mentioned the $25 million capital appropriation
to increase food security for the agricultural industry. The
bulk was going to the Nenana-Totchaket Agricultural Project, but
$7 million was for incentive grants. The Mariculture Task Force
also has $25 million that it can decide how to spend. She said
her understanding was that mariculture producers could also
access part of the $7 million allocated for agriculture, which
was a concern. She also expressed concern that the state was
opening up this new agricultural area, potentially with roads
and utilities, when farmers in the Delta area were still
supplying their own utilities. She opined that if the state was
really interested in enhancing food security, the existing
agricultural producers potentially could produce more food
faster if they had access to utilities, than farmers just
starting out in the new area.
2:52:29 PM
MR. SCHADE responded that $8.5 million of the $25 million is for
electricity and infrastructure, but just $2 million is earmarked
for the Nenana-Totchaket Agricultural Project. The remaining
$6.5 million is earmarked for Delta, the Kobe Agricultural
Project, and others. Road and infrastructure projects are
planned and have started for all agricultural projects.
CHAIR WILSON asked Ms. Carpenter to confirm that the items
listed on slide 8 were examples; it was not an all-inclusive
list.
MS. CARPENTER agreed that the list was not all-inclusive.
SENATOR HUGHES asked if the individuals from the farm bureau who
were in the room could comment on the bill.
2:54:35 PM
At ease.
2:55:32 PM
CHAIR WILSON reconvened the meeting and asked for a description
of the Alaska Farm Bureau.
2:56:15 PM
SCOTT MURGRAGE, President, Alaska Farm Bureau, Soldotna, Alaska,
stated that the Alaska Farm Bureau advocates for legislation on
the state and national level that benefits farms. He deferred to
Amy Seitz to relay the mission statement.
2:57:00 PM
AMY SEITZ, Executive Director, Alaska Farm Bureau, Soldotna,
Alaska, stated that the Alaska Farm Bureau's mission is to
Improve the Economic Well-Being and Expansion of Agriculture
and to Enrich the Quality of Life for All Alaskans." COVID-19
made it abundantly clear that everybody is affected by issues
related to food. She added that the Alaska Farm Bureau is a
grassroots organization and as such the membership dictates the
bureau's position on policies.
MR. MURGRAGE said the bill raises concerns about liability for
these producers. There are standards to ensure food safety and
the bill appears to be a work around.
MS. SEITZ suggested the administration gather all the
stakeholders to discuss ideas about ways to expand markets and
increase sales without placing all the liability on the
producers. She said conversations will be important part of
working through this and similar bills.
3:00:13 PM
SENATOR HUGHES suggested that in a future hearing the committee
could hear legal remedies to release producers from liability
concerns.
CHAIR WILSON asked the department to provide someone to address
legal liability concerns.
3:01:03 PM
SENATOR COSTELLO asked whether the Alaska Farm Bureau had
visited Anchorage elementary schools at lunch time and observed
what is offered.
MS. SEITZ said she attended elementary school in Anchorage and
remembers the lunches but she had not been there recently.
SENATOR COSTELLO said she believes there is a growing number of
parents who would support a wholesale change to school lunch
programs, because it's heart breaking to see what schools
provide.
MS. SEITZ said the Alaska Farm Bureau has been trying to get
more local foods into school meal programs for some time.
SENATOR COSTELLO said she brought it up to bring awareness to
the fact that Alaskan children deserve better food than they're
being offered.
3:05:25 PM
CHAIR WILSON [held SB 242 in committee].
3:05:38 PM
There being no further business to come before the committee,
Chair Wilson adjourned the Senate Health and Social Services
Standing Committee meeting at 3:05 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 242 FN DNR 4.8.22.pdf |
SHSS 4/19/2022 1:30:00 PM |
SB 242 |
| SB 242 FN DEC EH 4.8.22.pdf |
SHSS 4/19/2022 1:30:00 PM |
SB 242 |
| SB242 Transmittal Letter.pdf |
SHSS 4/19/2022 1:30:00 PM |
SB 242 |
| SB 242 Sectional Analysis.pdf |
SHSS 4/19/2022 1:30:00 PM |
SB 242 |
| HB 62 Testimony 4.18.22.pdf |
SHSS 4/19/2022 1:30:00 PM |
HB 62 |
| HB 184 Ammendment 1 4.19.22.pdf |
SHSS 4/19/2022 1:30:00 PM |
HB 184 |
| SB 184 Work draft Version B.pdf |
SHSS 4/19/2022 1:30:00 PM |
SB 184 |
| SB 216 Bolling Follow Up 4.12.22.pdf |
SHSS 4/19/2022 1:30:00 PM |
SB 216 |
| HB 62 Work Draft Version I.pdf |
SHSS 4/19/2022 1:30:00 PM |
HB 62 |
| HB 62 Emancipated Minors Memo 4.18.22.pdf |
SHSS 4/19/2022 1:30:00 PM |
HB 62 |
| DEC SB 242 Food Freedom.pdf |
SHSS 4/19/2022 1:30:00 PM |
SB 242 |
| SB 184 Explanation of Changes v. B 4.19.22.pdf |
SHSS 4/19/2022 1:30:00 PM |
SB 184 |