Legislature(2013 - 2014)BUTROVICH 205
03/06/2014 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SJR23 | |
| Confirmation Hearings | |
| SJR18 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | SJR 23 | TELECONFERENCED | |
| += | SJR 18 | TELECONFERENCED | |
| *+ | SB 149 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
March 6, 2014
9:00 a.m.
MEMBERS PRESENT
Senator Fred Dyson, Chair
Senator Cathy Giessel, Vice Chair
Senator John Coghill
Senator Bill Wielechowski
MEMBERS ABSENT
Senator Bert Stedman
COMMITTEE CALENDAR
CONFIRMATION HEARINGS
Commissioner, Department of Administration
Curtis Thayer
Alaska State Commission for Human Rights
Michele Christiansen
Alaska Police Standards Council
Richard Burton
Violent Crimes Compensation Board
Nora Barlow
Alaska State Human Rights Commission
Immanuel Lewis
- CONFIRMATIONS ADVANCED
SENATE JOINT RESOLUTION NO. 23
Proposing an amendment to the Constitution of the State of
Alaska relating to contracting state debt for postsecondary
student loans.
- MOVED SJR 23 OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 18
Requesting the United States Congress to call a convention of
the states to propose amendments to the Constitution of the
United States that impose fiscal restraints on the federal
government, limit the power and jurisdiction of the federal
government, and limit the terms of office of federal government
officials; and urging the legislatures of the other 49 states to
request the United States Congress to call a convention of the
states.
- HEARD & HELD
SENATE BILL NO. 149
"An Act relating to public hearings on initiatives and referenda
scheduled to appear on the ballot; and providing for an
effective date."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: SJR 23
SHORT TITLE: CONST. AM: STUDENT LOAN DEBT
SPONSOR(s): SENATOR(s) FAIRCLOUGH
02/14/14 (S) READ THE FIRST TIME - REFERRALS
02/14/14 (S) STA, EDC
03/06/14 (S) STA AT 9:00 AM BUTROVICH 205
BILL: SJR 18
SHORT TITLE: FEDERAL CONSTITUTIONAL CONVENTION
SPONSOR(s): SENATOR(s) DYSON
02/05/14 (S) READ THE FIRST TIME - REFERRALS
02/05/14 (S) STA
02/27/14 (S) STA AT 9:00 AM BUTROVICH 205
02/27/14 (S) Heard & Held
02/27/14 (S) MINUTE(STA)
03/06/14 (S) STA AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
SENATOR ANNA FAIRCLOUGH
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SJR 23.
DIANE BARRANS, Executive Director
Alaska Student Loan Corporation
Juneau, Alaska
POSITION STATEMENT: Provided departmental information on SJR 23.
MIKE COONS, representing himself
Palmer, Alaska
POSITION STATEMENT: Opposes SJR 23.
CURTIS THAYER, Commissioner-Designee
Department of Administration
Juneau, Alaska
POSITION STATEMENT: Addressed questions regarding his
appointment as Commissioner for the Department of
Administration.
IMMANUEL LEWIS, Commissioner-Designee
Alaska State Commission for Human Rights
Office of the Governor
Anchorage, Alaska
POSITION STATEMENT: Addressed questions regarding his
appointment as Commissioner for the Alaska State Commission for
Human Rights.
MICHELE CHRISTIANSEN, Commissioner-Designee
Alaska State Human Rights Commission
Office of the Governor
Anchorage, Alaska
POSITION STATEMENT: Addressed questions regarding her
appointment as Commissioner for the Alaska State Commission for
Human Rights.
NORA BARLOW, Board Member-Designee
Violent Crimes Compensation Board
Alaska Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Addressed questions regarding her
appointment to the Violent Crimes Compensation Board.
RICHARD BURTON, Council Member-Designee
Alaska Police Standards Council
Department of Public Safety
Ketchikan, Alaska
POSITION STATEMENT: Addressed questions regarding his
appointment to the Alaska Police Standards Council.
TYLER BELK, Staff
Senator Dyson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented an overview for SJR 18.
ROBERT KELLY, Staff Council
Convention of States Project
Citizens for Self-Governance
Purcellville, Virginia
POSITION STATEMENT: Supports SJR 18.
ZABRINA BYFUGLIEN, Student
Tri-Valley High School
Healy, Alaska
POSITION STATEMENT: Supports SJR 18.
MADISON OWEN, Student
Tri-Valley High School
Healy, Alaska
POSITION STATEMENT: Supports SJR 18
ISABELLA SAXE, Student
Tri-Valley High School
Healy, Alaska
POSITION STATEMENT: Supports SJR 18.
NICOLE MCMASTER, Student
Tri-Valley High School
Healy, Alaska
POSITION STATEMENT: Supports SJR 18.
DAVID EICHLER, State Director
Convention of States Project
North Pole, Alaska
POSITION STATEMENT: Supports SJR 18.
ACTION NARRATIVE
9:00:42 AM
CHAIR FRED DYSON called the Senate State Affairs Standing
Committee meeting to order at 9:00 a.m. Present at the call to
order were Senators Wielechowski, Giessel, and Chair Dyson.
CHAIR DYSON reviewed the committee calendar.
SJR 23-CONST. AM: STUDENT LOAN DEBT
9:01:34 AM
CHAIR DYSON welcomed Senator Fairclough to introduce SJR 23.
9:01:42 AM
SENATOR ANNA FAIRCLOUGH, Alaska State Legislature, Juneau,
Alaska, stated that SJR 23 amends the Alaska Constitution which
is a very serious matter. She explained that SJR 23 simply
allows the Legislature to authorize a loan for post-secondary
students. She added that SJR 23 fits into a constitutional
amendment and allows for a post-secondary education bond that
would have to come to the Legislature for approval. She said
ultimately the resolution would have to go to voters and ask if
they agreed with the Legislature. She pointed out that current
state law under the Alaska Constitution allows for capital
improvement indebtedness and housing loans for veterans. She
detailed that SJR 23 would expand the legislative authority to
cover a debt for one more entity.
9:03:23 AM
SENATOR COGHILL joined the committee meeting.
SENATOR GIESSEL asked why SJR 23 is needed.
SENATOR FAIRCLOUGH answered that students across the nation are
experiencing a high debt load, something that the country's
Founding Fathers probably never considered. Debt was something
different many years ago than it is today. She said the state's
students are borrowing at a much higher rate than they can
achieve or acquire. The federal national loan program was at 7
percent and has been reduced to 3.86 percent. She said the hope
is for student to go and try to access federal loans first. She
remarked that currently because of the structure of the Alaska's
loan system, the state is financing 2014 loan debt for students
at 7.30 percent via the Alaska Supplemental Education Loan and
Family Education Loan.
She said SJR 23's purpose is to first, extend student loans at a
lower interest rate by using the full faith and credit in
Alaska's AAA credit rating. Second, over time the Legislature
could assist students by refinancing their higher interest
loans.
SENATOR WIELECHOWSKI stated that he supports Senator
Fairclough's efforts. He asserted that the Legislature needs to
drive down outrageously high loan costs for student. He pointed
that the priorities are wrong when banks can get loans for less
than 1 percent and Alaska is charging students 7 percent.
He asked how much the interest rates can be driven down. He
inquired if lowering interest rates was a better approach than
funding loans through the State's General Fund.
SENATOR FAIRCLOUGH responded that the lowest debt to students
would occur through the State's General Fund. She said using the
State's General Fund is a challenge due to volatile oil prices
and tight budgetary times. She stated that SJR 23 would offer
loans that would be a percent or percent-plus below what is
currently offered.
9:06:23 AM
DIANE BARRANS, Executive Officer, Alaska Student Loan
Corporation (ASLC), Juneau, Alaska, noted that she was also the
Executive Director of the Alaska Commission on Postsecondary
Education. She said Senator Fairclough has done an excellent job
of explaining the objective and the reasons behind SJR 23. She
noted that Senator Fairclough is correct that, depending what is
occurring in the market, general obligation bonds can be
accessed with the Alaska's AAA credit behind it to achieve at
least a percentage point reduction below what could otherwise be
achieved. She added that another benefit would be the rating
agencies and investors looking at Alaska's credit, rather than
scrutinizing education loans, revenue will be provided to pay
down bonds and the credit criteria may be widened so that more
Alaska students can qualify.
9:08:25 AM
SENATOR FAIRCLOUGH pointed out that around the time of the 2008
financial crisis, the federal government actually increased the
credit scores required to access loans. She noted that
previously, students were considered a good risk if they did not
have credit. Currently the new definition requires a student to
have a minimum credit score and students are not qualifying. She
provided an example of having to co-sign for her son in order to
obtain a student loan for college.
9:10:05 AM
SENATOR WIELECHOWSKI said college student debt has become a
national crisis. He pointed out that there is a trillion dollars
of outstanding student loan debt. He asked how much the student
loan interest rates will be reduced and how much the state will
pay in addition to what the students will be charged. He
inquired if SJR 23 is the best way to get the interest rates
down for students.
MS. BARRANS replied that a significant change to interest rates
can be made. She pointed out that market-based rates have been
at historical lows over the past several years and her intent
was not to over promise what using the state's AAA rating will
allow for the lowest possible cost of funds. She continued to
explain as follows:
If we were in the market today with AAA debt, I think
we would be in the 4.5 to 4.6 percent range. Compare
to if we were in market today with student loan backed
bonds, we would be at least a percentage and a half
higher than that. So that's kind of the differential
that you can achieve, but again it would allow us as
well to make the loans more widely available to
students. Right now, as Sen Fairclough points out in
her sponsor statement, we deny over 40 percent of
applicants who come to us now. We are failing to
really deliver the kind of program to state residents
that we should both with respect to price and
availability. To your second more broad question
regarding is this the best approach, I would suggest
that it is, not only will we not be looking at a year-
to-year situation where if we were to go to a general
fund supported program where we have to rely on what
other priorities the state is dealing with financially
and we can't make a long term commitment to borrowers,
but we are using the state's credit very efficiently
without associating a financial obligation upon the
state. The loans themselves can be structured to pay
down the bonds, avoid any potential burden on the
state general fund, but still deliver a product that
would rival any other non-federal loan in the country.
We would hopefully be second to none under this
structure.
9:13:33 AM
SENATOR WIELECHOWSKI asked if SJR 23 is essentially revenue
neutral by passing through costs with administrative fees. He
inquired if the state is losing money or will SJR 23 allow the
state to make money. He addressed delinquency rates and queried
if the state anticipates a problem.
MS. BARRANS answered that cost is rather revenue-neutral. She
explained that the business model has been to keep costs to the
borrower as low as possible while remaining in a position to
demonstrate good faith in repaying bond holders. She noted that
hundreds of millions of dollars of bonds have been issued over
the years without ever having to statutorily ask the Legislature
for funds to cover bond shortfalls. She pointed out that
borrowers have been provided with benefits in the form of
credits that are applied to loans. She explained that a student
who attends school in Alaska and is making automated payments
can receive a 0.75 percent credit. She said delinquency rates
are quite low and average in the 5 to 8 percent range. She noted
that delinquency rates increased during the recessionary period,
but rates have declined during the past two years. She set forth
that ASLC is in a very good situation to look at supporting the
next generation of student loan financing.
CHAIR DYSON invited public testimony.
9:17:07 AM
MIKE COONS, representing himself, Palmer, Alaska, said he
opposed SJR 23 and noted the nation's propensity for debt rather
than savings. He stated that lowered interest rates will
exasperate student debt.
9:20:08 AM
CHAIR DYSON announced that public testimony is closed. He asked
to confirm that if SJR 23 gets on the ballot and is approved by
voters, SJR would have to come back to the Legislature for
authorization by specific law.
SENATOR FAIRCLOUGH concurred with Mr. Coons' concern with
student debt and noted that she supported savings. She stated
that voting for SJR 23 supports loans for students who do not
have savings or parents that can help out. She pointed out that
ASLC already has the capacity to borrow, so there is nothing new
that would have to happen. She agreed with previous SJR 23
testimony that a student can carry less debt if they graduate on
time. She added that the state should help students understand
the cost of education and the debt that will have to be carried
in the future.
9:22:21 AM
SENATOR COGHILL noted that the student loan program is a tool
that allows the state to put together a way to make the best use
of its money. He added that the concept really comes down to the
cost of money.
SENATOR GIESSEL agreed with Mr. Coons and Senator Fairclough
that debt is not good. She stated that she supports SJR 23, but
noted that the resolution does not get at the problem of why
secondary-education is becoming more expensive.
CHAIR DYSON announced that the Chair will entertain a motion.
9:23:36 AM
SENATOR GIESSEL moved to report SJR 23 from committee, labeled
28-LS1394\U with individual recommendations and attached fiscal
note(s).
9:23:50 AM
CHAIR DYSON announced that seeing no objection, SJR 23 passed
out of the Senate State Affairs Standing Committee.
9:23:57 AM
CHAIR DYSON declared that the committee will stand at ease.
^CONFIRMATION HEARINGS
CONFIRMATION HEARINGS
Commissioner, Department of Administration
Alaska Police Standards Council
Alaska State Commission for Human Rights
Violent Crimes Compensation Board
9:24:51 AM
CHAIR DYSON set forth that the committee will take up the
appointment of Commissioner for the Department of
Administration, Curtis Thayer.
9:25:08 AM
CURTIS THAYER, Commissioner-Designee, Department of
Administration, Juneau, Alaska, revealed that he was born and
raised in Alaska, graduated from Bartlett High School in
Anchorage, and attended college at the University of Alaska-
Fairbanks.
He noted that he had previously worked for the Federal Bureau of
Investigation as a paralegal, Congressman Don Young in
Washington D.C. for seven years, Senator Lisa Murkowski, and
Senator Ted Stevens. He continued that he returned to Alaska and
entered into the private sector with BP, ConocoPhillips, and
ExxonMobil. He said he also worked for Enstar Natural Gas
Company as the Director of Corporate and External Affairs.
He revealed that the Governor gave him a very unique opportunity
and asked if he would join his administration in 2009 as the
Deputy Commissioner of Commerce, Community and Economic
Development. He noted that is role as Deputy Commissioner
encompassed the direct oversight of Alaska's Banking and
Securities Division, Division of Insurance, Economic
Development, Corporations-Business and Professional Licensing,
and Community & Regional Affairs. He added that he served on the
boards for the Alaska Housing Finance Corporation, Alaska
Gasline Development Corporation, and the Alaska Seafood
Marketing Institute. He noted that he currently serves as
Chairman for the Alaska Board of Marine Pilots.
He said the Governor asked him to take an opportunity that
presented itself in the Department of Administration (DOA) to
serve as Deputy Commissioner. He revealed that his DOA
responsibilities included oversight for: the Division of
Administrative Services, Division of General Services, Division
of Personnel, Labor Relations, and Division of Motor Vehicles.
He said the Governor asked in December if he would consider
serving as the DOA Commissioner when Becky Hultberg resigned.
9:28:13 AM
He said there are a lot of challenges ahead at DOA. He declared
that the previous commissioner left DOA in better condition and
noted that he is hopeful to do the same. He explained that DOA
is a customer service oriented department and acts as the
state's cost center. He remarked that state agencies that do not
fit in other departments are placed in DOA.
MR. THAYER revealed that DOA has anything from Personnel and
Labor Relations to the Public Defender Agency, Office of Public
Advocacy, Retirement and Benefits, Division of Motor Vehicles,
and General Services. He summarized that DOA is all customer
service, whether customers are employees, retirees, or
constituencies.
He informed the committee that he looks at three things when
hiring somebody: good employees, trustworthy employees, and
loyal employees. He asserted that he asks nothing of his
employees that he would not ask of himself to do.
SENATOR WIELECHOWSKI noted that his office has been trying to
get a side-by-side on the retiree healthcare changes. He asked
if he could receive an updated copy.
MR. THAYER responded that DOA has been working on the side-by-
side and noted that the delay was caused when DOA moved to
Aetna.
SENATOR WIELECHOWSKI noted receiving e-mails from Public
Employees Retirement System (PERS) and Teachers' Retirement
System (TRS) retirees who asked if their pensions and benefits
were safe.
9:31:17 AM
MR. THAYER answered that he did not believe the benefits of
retirees can be diminished, whether that be their pension or
healthcare. He addressed the unfunded liability that the state
carries which is currently a little shy of $12 billion. He said
the unfunded liability is something that everyone struggles
with, including the Legislature and the Governor. He pointed out
that the Governor has a proposal to move $3 billion into the
PERS and TRS liability to ultimately cap the state's obligation
at $500 million. He explained that DOA is working with the
Legislature on addressing the PERS and TRS issue. He said he
personally would rather see the state take a "bite at the apple"
now to start to resolve the unfunded liability problem than
"kick the can down the road."
9:32:13 AM
SENATOR WIELECHOWSKI expressed his appreciation in the efforts
to pay down the PERS and TRS debt. He pointed out recruitment
and retention, noting that many legislators believe that there
should be a defined benefit system for employees. He stated that
there was an effort in the House to return the defined benefits
for public safety officers. He asked for Mr. Thayer's thoughts
regarding recruitment and retention and whether or not the state
is doing what is needed to keep people working for the state.
MR. THAYER replied that DOA has a very robust retention in
payroll and does not see an issue with retention. He noted that
Alaska is the only state in the union that did not freeze
salaries after 2008 and added that the state has increased
salaries. He voiced concern for a pending bill that defines
benefits for police and firefighters that could easily be
expanded and put the state back into the current situation with
PERS and TRS.
9:35:14 AM
SENATOR WIELECHOWSKI asserted that there is a win-win
opportunity if the state setup a Taft-Hartley like plan for its
employees where they can make a contribution and then be off-
the-hook. He pointed out that employees' concerns relate to not
knowing how long they are going to live and their investments
tend to be conservative. He said pooling investors allows for
greater returns due to the use of professional investors. He
asserted that a system could be developed where the state makes
a contribution and then is off-the-hook. He encouraged Mr.
Thayer to look in the pending bill's direction for all public
employees.
CHAIR DYSON noted a question from a constituent who asked if Mr.
Thayer is aware that employees of the Alaska Department of
Natural Resources' Fire and Aviation Program are classified as
clerical workers rather than first responders.
MR. THAYER replied that he is aware of the issue and DOA-
Retirement and Benefits is addressing whether personnel are on
the front lines or back at headquarters where the fire is 200
miles away.
CHAIR DYSON noted that his constituent is a fire chief and said
the people he is referring to are among the very best trained
brush fire people in the state.
9:37:54 AM
CHAIR DYSON asked if there was objection to moving Mr. Thayer's
appointment forward. [No objection noted.] He read the following
statement:
In accordance with Article 3, Section 25 of the Alaska
Constitution, AS 39.05.080, the State Affairs
Committee reviewed the following and recommended
appointment be forwarded to the Joint Session for
consideration: Commissioner of the Department of
Administration, Curtis Thayer. This does not reflect
the intent of any of the members to vote for or
against the confirmation of the individual during
further sessions.
9:38:31 AM
CHAIR DYSON declared that the committee will stand at ease.
9:39:38 AM
CHAIR DYSON set forth that the committee take up the appointment
of Immanuel Lewis as Commissioner for the Alaska State
Commission for Human Rights.
9:39:57 AM
IMMANUEL LEWIS, Commissioner-Designee, Alaska State Commission
for Human Rights (ASCHR), Office of the Governor, Anchorage,
Alaska, stated that he has been a resident of Alaska for three
years and has been involved in different businesses as well as
non-profits by helping youths and adults that are at-risk.
He noted that his résumé shows that he has moved around the
country a lot and explained that being an African American in
Georgia, he has seen discrimination and how it can affect a
person's life. He explained that he has learned a lot from the
different organizations and businesses that he has worked for.
He set forth that he will bring to ASCHR a well balanced view.
9:41:21 AM
SENATOR WIELECHOWSKI asked to clarify that Mr. Lewis has lived
in Alaska for three years.
MR. LEWIS responded yes.
SENATOR WIELECHOWSKI asked if Mr. Lewis feels like he has enough
knowledge about the state to be able to effectively sit on
ASCHR.
MR. LEWIS replied that he does. He noted his first position was
a Government Account Manager with AT&T and the position allowed
him to travel around the state and work with state and local
government as well as nonprofit organizations, school districts,
and regional hospitals. He said he has traveled most of the
state both in Southeast Alaska, Western Alaska, and up to
Fairbanks and Barrow. He remarked that he has learned about
different communities in each area and the needs of those
communities as well as the people that live in those
communities. He asserted that his knowledge of the state goes
beyond some of the people who have lived in Alaska a little
longer.
SENATOR WIELECHOWSKI noted that ASCHR addresses: race, color,
religion, sex, national origin, physical disabilities, and
mental disabilities. He pointed out that there is a bill moving
through the Legislature to include sexual orientation
discrimination.
MR. LEWIS replied that he believes that the addition of sexual
orientation is needed. He asserted that addressing sexual
orientation is the way the rest of the country is moving and it
is fair to put that into place.
9:43:17 AM
CHAIR DYSON declared that the committee will move on to address
the appointment of Michele Christiansen as Commissioner for the
Alaska State Human Rights Commission (ASHRC).
9:43:52 AM
MICHELE CHRISTIANSEN, Commissioner-Designee, Alaska State Human
Rights Commission, Office of the Governor, Anchorage, Alaska,
explained that she was born and raised in Alaska, although she
is not an Alaska native, she is native to Alaska. She explained
that her background is in corporate compliance and ethics
programs as well as being the Office Manager for the Alaska
Justice Center as an advocate for Alaska Natives due to the
inequities in the criminal and justice system. She summarized
that her history shows her strong belief in equality.
9:47:40 AM
SENATOR GIESSEL noted Ms. Christiansen's résumé and her
comprehensive view of Alaskans. She addressed her applications
for the Alaska Bar Association, Alcohol Beverage Control Board,
Regulatory Commission of Alaska, and the Workers' Compensation
Board. She noted that the four agencies that Ms. Christiansen
applied for are very different than the Commission on Human
Rights. She asked Ms. Christiansen to address the difference.
MS. CHRISTIANSEN replied that her application pertained to her
changing jobs and learning more about the Human Rights
Commission.
CHAIR DYSON revealed that he served on ASHRC for three years.
MS. CHRISTIANSEN noted that she has dealt with a lot of issues,
especially through the Alaska Native Justice Center. She
asserted that inequities exist and serving on ASHRC is an
important mission.
9:49:48 AM
CHAIR DYSON asked the committee if there is an objection to
moving Ms. Christiansen's nomination forward, [no objection was
noted.]
9:50:36 AM
NORA BARLOW, Board Member-Designee, Violent Crimes Compensation
Board (VCCB), Alaska Department of Administration, Anchorage,
Alaska, explained that she is a current VCCB board member. She
said she was originally appointed to serve for a retired member
in addition to a one term reappointment. She set forth that she
enjoys her work, considers serving to be important, and asked
that she be reconfirmed.
SENATOR WIELECHOWSKI thanked Ms. Barlow for the great work that
she is doing on VCCB.
CHAIR DYSON addressed legislation that will significantly equip
VCCB to do a lot more.
MS. BARLOW thanked Chair Dyson and noted being aware of pending
legislation to assist VCCB.
9:52:42 AM
RICHARD BURTON, Appointee, Alaska Police Standards Council
(APSC), Department of Public Safety, Ketchikan, Alaska, revealed
that he came to Alaska in 1952 and was one of the first Alaska
State Troopers hired during statehood. He pointed out that he
has worked in all regions of the state. He said he started his
law enforcement career without professional training and noted a
need to hire professional police officers and public safety
officers. He revealed that he has been on APSC for a number of
years, serving as the commissioner twice. He stated that one of
the reasons why he would like another a term is to finish APSC's
current review of regulations and statutes. He shared his law
enforcement background since retirement and noted his occasional
role in assisting with breakdowns in police departments. He
asserted that he is familiar with the effect that good conduct
and good people have on law enforcement. He shared that recently
there has been some bizarre behavior done by people who should
not have been hired in the first place.
9:56:38 AM
CHAIR DYSON asked to clarify that APSC is not bound to just deal
with cases brought before the council, but APSC can investigate
anonymous whistle-blower incidences.
MR. BURTON answered yes. He shared that APSC has addressed cases
in the manner Chair Dyson described, but noted that APSC is not
an appeals court for law enforcement officers.
CHAIR DYSON shared his background as a supervisor where he was
told that he could not provide references for former employees
beyond their dates of employment. He revealed knowing a law
enforcement individual who had worked at various police
departments and bargained for release from employment without
reference being made to his work record. He asked if a police
department can ask for a release from a law enforcement
candidate to receive information from a previous employer.
MR. BURTON responded that if a candidate lies on their
application, the incident is considered perjury because the
application is done under oath. He added that APSC has the power
of subpoena in order to investigate cases. He said an incident
does not require APSC to wait for a police chief to submit
information; APSC views a case as whether it meets the standards
to decertify or not decertify.
CHAIR DYSON said he is pleased that Mr. Burton is accepting his
appointment because he has the courage and integrity to weed-out
the bad guys. He shared that he used to be able to say with
great pride that in Alaska there were no "dirty" cops or
corrections officers, no unnecessary violence, and no unethical
behavior, in particular sexual exploitation. He stated that
people like Mr. Burton serving on APSC will be a real asset.
10:00:44 AM
CHAIR DYSON asked if there was any objection to moving Mr.
Burton and all of the [previous] recommendations forward. He
stated that seeing no objection, he read the following
statement:
In accordance with Article 3, Section 25 of the Alaska
Constitution, AS 39.05.080, the State Affairs
Committee reviewed the following and recommended
appointments to be forwarded to the Joint Session for
consideration: State Commission of Human Rights,
Michele Christiansen; Alaska State Commission for
Human Rights, Immanuel Lewis; Alaska Police Standards
Council, Richard Burton; Violent Crimes Compensation
Board, Nora Barlow. This does not reflect the intent
of any of the members to vote for or against the
confirmation of the individuals during further
sessions.
10:01:32 AM
CHAIR DYSON declared that the committee will stand at ease
SJR 18-FEDERAL CONSTITUTIONAL CONVENTION
10:02:31 AM
CHAIR DYSON announced that the committee will take up SJR 18.
10:04:29 AM
TYLER BELK, Staff, Senator Dyson, Alaska State Legislature,
Juneau, Alaska, inferred that the committee was addressing a
resolution that looks at one of the great documents in human
history, the United States Constitution. He said the Convention
of States (COS) is a means to examine and amend the Constitution
without putting the document's entirety and integrity at risk.
He asserted that COS is a great opportunity to operate without
ramification and the possibilities are endless. He pointed out
that COS is non-partisan and topic-based. He said the "will of
the time" will determine what is covered in the COS. He set
forth that a COS will be a monumental occasion in United States
history that looks at something that essentially binds the
country.
10:06:01 AM
CHAIR DYSON stated that it is often very difficult for change to
come from any bureaucracy and the process often takes some
outside action to overcome the institutional inertia. He said it
appears to him that the Founding Fathers recognized the
bureaucratic process and wanted to have a way for the citizens
to initiate and affect the possibility to change the
Constitution. He pointed out that SJR 18 is a first step to get
Alaska in the queue of states that are considering calling for a
COS and there will be several steps pertaining to rules,
delegation selection, delegation discipline, topic limitations,
topic agreement, and COS ratification by two thirds of the
states prior to going on a ballot. He set forth that the COS is
a very complicated process. He pointed out that the individuals
working on the COS have been very careful about the process and
noted that most objections have been dealt with in a credible
way.
10:07:54 AM
ROBERT KELLY, Staff Council, Convention of States Project,
Citizens for Self-Governance, Purcellville, Virginia.
CHAIR DYSON asked if there were three or four groups across the
nation that are working somewhat in parallel on COS. He asked if
Mr. Kelly to specify what his organization does.
10:08:31 AM
MR. KELLY replied that he represents Citizens for Self-
Governance and the organization sponsors the Convention of
States Project (COSP). He said COSP is arguing for an Article V
Convention that specifies a particular set of topics for the COS
to cover.
He said there are three different approaches from a legislative
standpoint on how an Article V Convention can be run:
1. COS could be run as an unlimited convention, effectively
allowing the COS to consider any sort of issue determined
to be in the best interest of the American people. He
pointed out that an unlimited COS is not the best approach
because the COS needs guidance and limitations to ensure
the process stays within proper Constitutional boundaries.
2. Set out a specific topic or set of topics, allowing the COS
some discretion to consider exactly how to propose
solutions and word amendments; however, it also keeps it
closely within certain boundaries and that's the approach
COSP is taking.
3. Hold the COS to propose specific amendments and layout in
advance the amendments that the COS can propose; that
really limits the discretion of the COS.
He reiterated that COSP's approach in SJR 18 is in the middle
realm by setting out a set of topics that the COS has to adhere
to, but allows the COS some discretion to propose a number of
amendments within those topics. He explained that the topics in
in SJR 18 are:
1. Place fiscal restraints on the federal government.
2. Limit the power and jurisdiction of the federal government.
3. Impose term limits on federal officials and members of
congress.
MR. KELLY said COSP believes the use of set-topics is the best
approach because COS will have the ability to address the
problem of federal overreach as a whole and allow for a
"holistic" solution to massive imbalance of power in the federal
government; a COS limited to a single isolated amendment cannot
do that. He explained that COSP likes the idea of a balanced
budget amendment, but passing one in the current federal
political climate is likely to result in a massive tax hike. He
set forth that COSP believes a better approach is to allow the
COS to consider the problem as a whole, to consider it as a
topic, and to allow the COS to formulate exactly what amendments
will address a problem; for example, federal overreach. He noted
that the topic-based approach was the approach the Founding
Fathers used for the vast majority of the 32 conventions that
they held in the years leading up to the adoption of the
Constitution.
10:11:33 AM
SENATOR WIELECHOWSKI noting seeing some commentary from law
professors that there is some question as to whether or not a
COS could be limited to specific items in the resolution; in
other words, once you got there, anything would be opened. He
asked if there was legal precedent that would address the
concerns the anything would be opened.
MR. KELLY replied that the Supreme Court has never had an
opportunity to address the legal question that Senator
Wielechowski presented for an Article V Convention. He pointed
out that there is an extensive set of historical practice, both
by the Founding Fathers and by Americans since the founding. The
Founding Fathers themselves held at least 32 conventions
themselves in the 100 years leading up to the adoption of the
Constitution. He noted having records of at least four
conventions since the founding. He said in the vast majority of
the conventions, the Founding Fathers and the individuals who
held conventions after the founding, a specific topic for the
COS had been set out to consider and that was the backdrop
against which the Founding Fathers were adding the provision to
the Constitution and the Founding Fathers limited their COS to
specific topics and stayed within boundaries. He asserted that
from a historical record that it is clear that an Article V
Convention could also be limited within specific topics.
CHAIR DYSON announced that SJR 18 will be held in committee and
asked that Mr. Kelly call back to testify at the next meeting.
MR. KELLY confirmed that he will be available for the next
hearing for SJR 18.
10:14:10 AM
ZABRINA BYFUGLIEN, Student, Tri-Valley High School, Healy,
Alaska, stated that she supports SJR 18 and the COS in order to
address federal overreach.
10:16:46 AM
MADISON OWEN, Student, Tri-Valley High School, Healy, Alaska,
stated that she supports SJR 18 and noted that the COS is not a
partisan issue and ultimately returns the Constitution to the
Founding Father's original intentions.
10:19:23 AM
ISABELLA SAXE, Student, Tri-Valley High School, Healy, Alaska,
said she supports SJR 18 due to the federal government
overstepping its bounds. She addressed fears for a "runaway" COS
and noted that checks are in place to prevent a runaway
scenario.
10:22:25 AM
NICOLE MCMASTER, Student, Tri-Valley High School, Healy, Alaska,
said she supports SJR 18 due to the federal government's
overreach and continued debt spending.
10:24:50 AM
CHAIR DYSON commended the students for their testimony. He noted
that his staff member that presented SJR 18 is an intern and
encouraged the Healy students to pursue their interests in
government.
SENATOR GIESSEL thanked the students for their testimony and
noted her appreciation for their knowledge of American history
and critical thinking skills. She remarked that the students'
testimony provide her with hope for the next generation.
10:26:31 AM
DAVID EICHLER, State Director, Convention of States Project,
North Pole, Alaska, said he supports SJR 18 and its intent to
enact limitations on the federal government.
CHAIR DYSON remarked that the process for a COS is going to be a
long fight. He surmised that the process to have a COS will take
three years or longer. He encouraged volunteers like Mr. Eichler
to continue their commitment for a COS and not to quit.
SENATOR COGHILL noted the case brought forward by the Healy
students was articulate and emphasized the need for SJR 18 to
keep pressure on the federal government to have a discussion on
having a COS to deal with the national debt. He remarked that
the students pointed out that they already owed for a debt that
had been left to them and future generations.
10:29:07 AM
CHAIR DYSON announced that the committee will reconvene [SJR 18
was held until the next committee meeting.]
10:29:17 AM
There being no further business to come before the committee,
Chair Dyson adjourned the Senate State Affairs Standing
Committee at 10:29 a.m.
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