Legislature(2017 - 2018)GRUENBERG 120
02/18/2017 11:00 AM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB20 | |
| HCR5 | |
| HB44 | |
| HB13 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 44 | TELECONFERENCED | |
| *+ | HB 13 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 20 | TELECONFERENCED | |
| += | HCR 5 | TELECONFERENCED | |
HB 13-NO ST. FUNDS FOR FEDERAL REGISTRY
11:51:37 AM
CHAIR KREISS-TOMKINS announced that the final order of business
would be HOUSE BILL NO. 13, "An Act prohibiting the expenditure
of state or municipal assets to create a registry based on race
or religion."
11:52:16 AM
REPRESENTATIVE TUCK moved to adopt the proposed committee
substitute (CS) for HB 13, Version 30-LS0147\J, as a work draft.
There being no objection, Version J was before the committee.
11:52:46 AM
REPRESENTATIVE JOSEPHSON presented HB 13, as prime sponsor. He
relayed that he visited the local synagogue eight days ago,
partly because of his faith and partly because it was the
yahrzeit for the late Representative Max Gruenberg, for whom the
committee room is named. He explained that a yahrzeit is an
annual commemoration of a person's death. He said that at that
service, a visiting rabbinical student read the well-known poem
by Pastor Martin Niem?ller, written in response to witnessing
the holocaust. Representative Josephson read the poem, as
follows:
First they came for the Socialists, and I did not
speak out because I was not a Socialist. Then they
came for the Trade Unionists, and I did not speak out
because I was not a Trade Unionist. Then they came
for the Jews, and I did not speak out because I was
not a Jew. Then they came for me and there was no one
left to speak for me.
REPRESENTATIVE JOSEPHSON went on to say that this poem has been
updated by Rabbi Michael Adam, whose poem was also read during
the yahrzeit. Representative Josephson read Mr. Adam's poem, as
follows:
First they came for the African Americans, and I spoke
up because I am my sister's and brother's keeper. And
then they came for the women, and I spoke up because
women hold a path to sky. And then they came for the
Immigrants, and I spoke up because I remember the
ideals of our democracy. And then they came for the
Muslims, and I spoke up because they are my cousins,
and we are one family. And then they came for the
Native Americans and Mother Earth, and I spoke up
because the blood-soaked land cries and the mountains
weep. They keep coming, we keep rising up.
REPRESENTATIVE JOSEPHSON commented that this poem was a
remarkably fitting commentary on why he introduced HB 13.
11:55:41 AM
REPRESENTATIVE JOSEPHSON referred to the 1944 U.S. Supreme Court
decision, Toyosaburo Korematsu v. U.S., included in the
committee packet. He mentioned that this decision was still the
"law of the land," albeit very strongly disfavored. He read
from the dissenting opinion by Justice William Francis "Frank"
Murphy, which read as follows [original punctuation provided]:
I dissent, therefore, from this legalization of
racism. Racial discrimination in any form and in any
degree has no justifiable part whatever in our
democratic way of life. It is unattractive in any
setting but it is utterly revolting among a free
people who have embraced the principles set forth in
the Constitution. All residents of this nation are kin
in some way by blood or culture to a foreign land. Yet
they are primarily and necessarily a part of the new
and distinct civilization of the United States. They
must accordingly be treated at all times as the heirs
of the American experiment and as entitled to all the
rights and freedoms guaranteed by the Constitution.
REPRESENTATIVE JOSEPHSON went on to say there were three
comparable dissenting opinions in the Toyosaburo Korematsu v.
U.S. decision, written by the three former justices, Murphy,
Roberts, and Jackson. He stated that in this 1944 decision, the
Supreme Court, by what Representative Josephson considered a
remarkable vote of 6-3, gave permission for the U.S. government
to randomly and arbitrarily gather up every Japanese American
and put him/her into concentration camps. Representative
Josephson confirmed that the camps were called concentration
camps, and they were also known as internment camps.
11:57:14 AM
REPRESENTATIVE JOSEPHSON said that according to what U.S.
President Donald Trump has indicated to the press, both before
his election and after his election, and what Secretary of State
Rex Tillerson said just last month, the federal government is
considering a registry of certain people based on religion. He
asserted that this statement is not a discussion of the
immigration order which has been enjoined by at least one
appellate court, although the two issues overlap. He asserted
that this issue concerns a registry of people who are presently
naturalized or born Americans. He went on to say that these
people are not travelling Americans, nor are they travelling
tourists; they are just Americans, and the administration has
indicated a desire to register them. He said that his reason
for reading aloud from the Toyosaburo Korematsu v. U.S. decision
was to assert his belief that in critical moments, such as now,
it is important to document for future and present generations
that the Alaska State Legislature "saw this happening" and took
a stand.
REPRESENTATIVE JOSEPHSON said that HB 13 is similar to the
Senate Committee Substitute for Committee Substitute for House
Joint Resolution 22(JUD) ("House Joint Resolution 22"), which
passed both houses in the Twenty-Third Alaska State Legislature,
2003-2004. He asserted that House Joint Resolution 22 is a
statement by the legislature about the USA Patriot Act and was
co-sponsored by members of the legislature who are widely
regarded as among the most conservative in the last 20 years -
Senator Dyson, Senator Seekins, Senator Taylor, Senator
Therriault, Senator Ogan, Senator Cowdery and (then)
Representative John Coghill.
11:59:43 AM
REPRESENTATIVE JOSEPHSON paraphrased House Joint Resolution 22
to say that the state and its instrumentalities, or local
governments, is not going to be involved in using state
resources or institutions for the enforcement of federal
immigration matters. He asserted that House Joint Resolution
22, just 18 months after [the terrorist attacks of September 11,
2001], is a statement about Alaskans' belief in liberty. He
opined that even though the country was traumatized then, more
than it is now, the legislature "did the right thing" in stating
that it intended to protect individual liberties. He relayed
that under HB 13, the state and its local governments would not
use personnel and financial assets to support a federal
"overreach" effort to create a registry based on race, religion,
ethnicity, or national origin. He attested that the drafters of
HB 13 properly placed the proposed language into the "family of
prohibitions and preclusions" [in AS. 44.99.040], which
specifies those activities in which the state government has
decided it will not participate. Among them are prohibitions on
enforcing federal laws on our Second Amendment privileges or on
anything that generally would violate the due process of Alaska
citizens.
REPRESENTATIVE JOSEPHSON asserted that the reason he referenced
the poems from religious scholars is that if there is a
registry, he wants future generations, who are writing
dissertations 100 years from now, to have a statement of fact
that says the Thirtieth Alaska State Legislature "caught that
moment" before Alaskans participated in something they would
regret. He cited the treatment of American Indians, Japanese
Americans, and African Americans as examples of that in history.
He emphasized that this statement of fact would demonstrate that
we caught ourselves, not at a moment of great stress as right
after [the terrorist attacks of September 11, 2001], but 15-16
years later, when the legislature could calmly say that this is
government overreach. He offered that if there is any belief
that there is no need for the proposed legislation, he would be
happy to cite the media reports of what the President and the
secretary of state have said - that indeed they would consider a
registry of minority religion members.
12:03:45 PM
REPRESENTATIVE BIRCH said that he appreciates the hysteria that
has prompted HB 13, but asked if House Joint Resolution 22
doesn't already reasonably and appropriately reflect the
legislature's position, and HB 13 would be redundant. He
offered that he agreed conceptually with HB 13. He suggested,
however, that the federal government collects information from
everyone in the country for the census every ten years.
REPRESENTATIVE JOSEPHSON expressed his belief that HB 13 would
not be redundant. He said that House Joint Resolution 22
reflects the Twenty-Third Alaska State Legislature, 2003-2004,
and not the current legislature. He stated that this is the
first time in his lifetime where an executive officer at the
highest level of government and his secretary of state have
stated that they are considering registering people. He opined
that it is worthwhile for the State of Alaska to say, as a
matter of law, it won't participate in such a registry. He
added that if the federal government chooses to create a
registry, then that is up to the federal government, but under
HB 13, Alaska would not be committing any "muscle" to that
effort.
REPRESENTATIVE BIRCH asked if Representative Josephson has
received any indication that Governor Bill Walker, a state
agency, or any governing body within the state is contemplating
participating in a registry.
REPRESENTATIVE JOSEPHSON replied no, but offered that
legislation was passed stipulating that Alaska would not
participate in the enforcement of federal gun laws, when there
was no evidence that the state was going to enforce federal gun
laws and no gun laws were imposed by the federal government for
the state to enforce. He opined that there is nothing wrong
with acting prophylactically. He stated that he didn't know the
capacity of the federal government to compel deputizing.
12:07:09 PM
PAUL KELLY, Staff, Representative Andy Josephson, Alaska State
Legislature, on behalf of Representative Josephson, prime
sponsor of HB 13, relayed that the Toyosaburo Korematsu v. U.S.
decision was included in the bill packet to demonstrate that
Toyosaburo Korematsu had to go to the U.S. Supreme Court; the
case lasted 2 1/2 years; and in the end, he lost. He said, "If
we cut this off before it starts, then there's no need for
judicial remedy and for somebody to have to wait 2 1/2 years for
justice."
REPRESENTATIVE KNOPP offered that since federal overreach comes
with federal dollars, HB 13 wouldn't prevent a registry, but
would just prevent the state from participating in a registry
using state assets. He suggested that the federal government
could themselves set up an office and create a registry within
the state. He asked if federal funds, funneled to the state for
such an effort, would be considered state assets. He stated
that the intent of HB 13 is to prevent a registry, but HB 13
specifically would prevent the state from participating in a
registry.
REPRESENTATIVE JOSEPHSON responded that is correct. He added
that HB 13 refers plainly to state or municipal agencies and the
use of their power and treasure. He relayed a comment by Chief
Justice Antonin Scalia stating that Toyosaburo Korematsu v. U.S.
was clearly a wrong decision, but Mr. Scalia was not convinced
that the courts would ultimately stop it. Representative
Josephson relayed that the President's power is at its greatest
in regard to the country's borders. He added that the U.S.
Supreme Court usually defers very extensively to the executive
branch on defensive security measures. He went on to say that
what was offensive about what was proposed by the current
administration before the election, after the election, and
after the inauguration does not involve just the borders, but
people presently living in the United States and carrying
passports. He expressed his belief that the legislature would
do well by just saying "we caught you, and we Alaskans believe
in our liberty, and we're not going to participate in this." He
cited AS 44.99.040(b), which states that "asset" means funds,
facilities, equipment, services, or other resources of a state
or municipal agency. He asserted that under HB 13, neither the
state nor the municipalities will be able to access these assets
for a registry. He added that if the federal government wants
to set up an office and do a "Korematsu," it will not be through
[the State of] Alaska's assistance.
REPRESENTATIVE TUCK commented that the proposed legislation is
similar to House Continuing Resolution 8, passed in the Twenty-
Seventh Alaska State Legislature, 2011-2012. He relayed that
the 2011 resolution opposed the procedures and invasive actions
of the Transportation Security Administration (TSA), but nothing
could be done to stop TSA from "setting up shop" in Alaska's
airports. He reiterated that the legislature can prevent the
federal government from using the state's facilities.
12:12:13 PM
REPRESENTATIVE BIRCH suggested that there may be unintended
consequences, and he gave as an example a person using "blood
quantum" to determine that he/she is a Native American artist.
He asked if there are any registries currently maintained by the
state or an instrumentality of the state relating to someone
being Native American or qualifying for a benefit based on a
status that relates to race, religion, ethnicity, or national
origin.
REPRESENTATIVE JOSEPHSON responded that he would research that
question. He asserted that HB 13 would establish intent and
would be placed in a statute considered to be a "quintessential
push-back" on federal overreach. He said that the statute
addresses the right to keep and bear arms, the right to due
process, and possibly even the [federal REAL ID Act of 2005].
12:14:17 PM
REPRESENTATIVE BIRCH mentioned the REAL ID deadline of June 6,
2017, as the date that a driver's license would not be enough
[to access military bases and federal facilities]. He
reiterated that he appreciates the intent of HB 13 and the offer
for additional research to ensure there are no unintended
consequences.
REPRESENTATIVE TUCK referred to Representative Birch's question
as to whether anyone was contemplating doing what HB 13 would
prevent and asserted that HB 13 would prevent anyone from
contemplating it. He opined that one of Alaska's problems with
the federal government is that Alaska is always reacting to it
rather than taking a proactive approach. He cited the reactions
of the legislature to the federal REAL ID Act of 2005 as a good
example of trying to protect the residents of Alaska from the
invasiveness of federal overreach provisions.
12:15:48 PM
CHAIR KREISS-TOMKINS opened public testimony on HB 13.
12:16:16 PM
VALERIE BROOKS identified herself as a public-school educator
and testified that she supports HB 13. She said that she would
support even further measures allowing for sanctuary cities and
campuses to protect Alaska's most vulnerable families and
students, as they come under attack merely due to where they are
from or how they worship. She went on to say that she has
witnessed very real fear in her students and in her co-workers,
who are impacted by the proposed executive order, the current
deportations under way, and the proposed registry that has been
discussed for months by persons now in positions of authority at
the federal level. She asserted that HB 13 would not be
redundant, because it deals with current proposals and
activities. She added that she appreciates that Representative
Josephson has spoken about the duty that Alaskans have to each
other. She said that we are all humans and deserving of respect
and safety, whether documented or undocumented. She urged the
committee to support HB 13 and to resist any attempts to create
or support a registry based on race, religion, ethnicity, or
nationality.
CHAIR KREISS-TOMKINS closed public testimony on HB 13.
CHAIR KREISS-TOMKINS announced that HB 13 would be held over.