Legislature(2017 - 2018)GRUENBERG 120

02/18/2017 11:00 AM STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 44 LEGISLATIVE ETHICS: VOTING & CONFLICTS TELECONFERENCED
Heard & Held
*+ HB 13 NO ST/MUNI FUNDS: FED IMMIGRAT REGISTRY TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 20 SOLEMNIZE MARRIAGE: ELECTED OFFICIALS TELECONFERENCED
Moved CSHB 20(STA) Out of Committee
-- Public Testimony --
+= HCR 5 UNIFORM RULES: COMMITTEE ON COMMITTEES TELECONFERENCED
Moved CSHCR 5(STA) Out of Committee
-- Public Testimony --
            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.                                                                   

Document Name Date/Time Subjects
HB020 Alaska Family Action Letter of Opposition 2.17.17.pdf HSTA 2/18/2017 11:00:00 AM
HB 20
HB013 Hearing Request 1.26.17.pdf HSTA 2/18/2017 11:00:00 AM
HB 13
HB13 Sponsor Statement 1.26.17.pdf HSTA 2/18/2017 11:00:00 AM
HB 13
HB0013 ver A 1.26.17.PDF HSTA 2/18/2017 11:00:00 AM
HB 13
HB0013 Draft Proposed CS ver J 1.26.17.pdf HSTA 2/18/2017 11:00:00 AM
HB 13
HB13 Explanation of Changes 1.30.17.pdf HSTA 2/18/2017 11:00:00 AM
HB 13
HB044 Sponsor Statement 1.23.2017.pdf HSTA 2/18/2017 11:00:00 AM
HB 44
HB044 Sectional Anaylsis 2.17.17.pdf HSTA 2/18/2017 11:00:00 AM
HB 44
HB0044 CS for Sponsor Substitute Ver U 2.17.17.PDF HSTA 2/18/2017 11:00:00 AM
HB 44
HB044 Sponsor Substitute ver O 1.23.17.PDF HSTA 2/18/2017 11:00:00 AM
HB 44
HB44 Fiscal Note AL 1.25.2017.pdf HSTA 2/18/2017 11:00:00 AM
HB 44
HB044 supporting document-AKPIRG Support Letter 1.23.17.pdf HSTA 2/18/2017 11:00:00 AM
HB 44
HB044 Supporting Document-LWV 1.27.17.pdf HSTA 2/18/2017 11:00:00 AM
HB 44
HB044 Supporting Document- Nees ltr to Jason Green re HB44 2.1.2017.pdf HSTA 2/18/2017 11:00:00 AM
HB 44
HB020 Proposed Amendment A.1 2.17.17.pdf HSTA 2/18/2017 11:00:00 AM
HB 20
HCR005 Proposed Amendment A.1 2.16.17.pdf HSTA 2/18/2017 11:00:00 AM
HCR 5
HB013 Fiscal Note 2.11.17.pdf HSTA 2/18/2017 11:00:00 AM
HB 13
HB 020 Letter of Support Joy Lutheran Church 2.17.17.pdf HSTA 2/18/2017 11:00:00 AM
HB 20
HCR005 Fiscal Note 2.17.17.pdf HSTA 2/18/2017 11:00:00 AM
HCR 5
HB13 Supporting Document - Timeline for Korematsu's Resolution 2.17.17.pdf HJUD 4/15/2017 10:00:00 AM
HSTA 2/18/2017 11:00:00 AM
HB 13
HB013 Supporting Document - Korematsu v US 2.17.17.pdf HSTA 2/18/2017 11:00:00 AM
HB 13
HB013 Supporting Document Constituent Letters 2.20.17.pdf HSTA 2/18/2017 11:00:00 AM
HB 13
HB13 Supporting Document - Research Document 3.7.17.pdf HSTA 2/18/2017 11:00:00 AM
HB 13