HB 91-PUBLIC EMPLOYEES' UNION DUES DEDUCTIONS  3:24:01 PM CHAIR SUMNER announced that the next order of business would be HOUSE BILL NO. 91, "An Act relating to deduction of labor or employee organization dues or service fees from the pay of certain public employees; and providing for an effective date." 3:24:24 PM REPRESENTATIVE KEVIN MCCABE, Alaska State Legislature, as prime sponsor, introduced HB 91. He stated that the proposed legislation would bring Alaska in line with the U.S. Supreme Court decision, Janus v. American Federation of State, County, and Municipal Employees, Council 31, No. 16-1466, 585 U.S., (2018). He stated that the proposed legislation would ensure that public employees have full knowledge and give full consent before union dues are deducted from paychecks. He said that consent to union dues would occur on an annual basis to ensure that it does not become "stale." 3:27:54 PM The committee took an at-ease from 3:27 p.m. to 3:28 p.m. 3:28:4PM REPRESENTATIVE RUFFRIDGE moved to adopt the proposed committee substitute (CS) for HB 91, Version, 33-LS0499\B, Klein, [3/26/23], as a working document. There being no objection, Version B was before the committee. 3:29:20 PM VINCENT VERNUCCIO, Senior Policy Advisor, Workers for Opportunity, provided invited testimony on Version B of HB 91. He expressed support for the proposed legislation because it would allow state employees to have a choice whether they become members of a union. He stated that the bill would give those workers knowledge of their rights and the annual opportunity to exercise them. He advised that similar bills are being passed in other states. He said that this brings the choice of whether to be a union member in line with other consumer choices, such as open enrollment in healthcare programs. 3:32:45 PM REPRESENTATIVE FIELDS questioned the funding for the organization, Workers for Opportunity. MR. VERNUCCIO answered that the Workers for Opportunity is a 501(c)(3) organization, meaning that the individual donors are confidential. He added that the donors are from across the country. 3:33:51 PM MARK JANUS, representing self, stated that he was the lead plaintiff in the U.S. Supreme Court case [mentioned earlier]. He cited Justice Samuel Alito's opinion, which related that affirmative consent is required to take union dues from the paychecks of public employees. He stated that HB 91 would reinforce this idea. He added that many public employees are still unaware they have the option to resign from union membership, which the bill aims to correct. He argued that it is a First Amendment issue because union members give up those rights during the collective bargaining process. 3:38:15 PM REPRESENTATIVE PRAX asked whether the court's decision requires public employees to be notified of their rights. 3:38:44 PM BUDDY WHITT, Staff, Representative Kevin McCabe, Alaska State Legislature, expressed uncertainty. 3:39:02 PM MR. VERNUCCIO answered that Justice Samuel Alito referred to affirmative consent in his opinion, meaning that public employees would be required to be given notification. 3:40:12 PM REPRESENTATIVE SADDLER asked what the most common objection is to this position. MR. JANUS answered that he believes unions have strayed from their core purpose of improving working conditions and wages for members. He said that he has seen unions create new ways to keep members from understanding their rights when it comes to membership. In response to a follow-up question, he said that the U.S. Supreme Court case had resulted in a previous decision being overturned. 3:42:57 PM REPRESENTATIVE CARRICK asked for an example of a way any union keeps its members from leaving. MR. JANUS answered that he has heard of a case in which a union member was informed that in order to leave the union, they would be required to send a letter to a certain address with a P.O. box, which was subsequently closed; therefore, the letter never arrived. In response to a follow-up question, he said that he does not have data showing the frequency of such occurrences. 3:44:37 PM REPRESENTATIVE FIELDS asked where Mr. Janus is now employed. MR. JANICE answered that he is employed by the Liberty Justice Center. He reiterated that he is speaking on behalf of himself. 3:45:06 PM CHAIR SUMNER announced that HB 91 was held over. 3:45:13 PM REPRESENTATIVE MCCABE noted that there would be a new fiscal note.