Legislature(2007 - 2008)BELTZ 211

04/01/2008 09:00 AM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 227 DIVEST INVESTMENTS IN SUDAN TELECONFERENCED
Moved SB 227 Out of Committee
+ SB 228 MUNICIPAL LAND USE REGULATION TELECONFERENCED
Scheduled But Not Heard
+ HB 196 HANDLING MATTERS AFTER A PERSON'S DEATH TELECONFERENCED
Moved SCS CSHB 196(STA) Out of Committee
+ SB 198 ELECTION VIOLATIONS: STAT OF LIMITATIONS TELECONFERENCED
Moved SSSB 198 Out of Committee
+= HB 92 JURISDICTION OF OMBUDSMAN: VICTIMS RTS TELECONFERENCED
Moved HB 92 Out of Committee
+ HB 351 CONCEALED HANDGUN PERMIT: FINGERPRINTS TELECONFERENCED
Moved CSHB 351(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
               SB 227-DIVEST INVESTMENTS IN SUDAN                                                                           
                                                                                                                                
CHAIR MCGUIRE announced the consideration of SB 227.                                                                            
                                                                                                                                
10:32:27 AM                                                                                                                   
SENATOR FRENCH, Sponsor, said SB 227  is as easy to understand as                                                               
any Sunday school  lesson. There is genocide  happening in Sudan.                                                               
Genocide is  the deliberate extermination  of ethnic  or national                                                               
groups. The U.S. State Department  and President Bush have called                                                               
it  genocide,  and   it  is  being  conducted   by  the  Sudanese                                                               
government.  Tens   of  thousands  of  human   beings  have  been                                                               
murdered.  Our  duty is  clear.  We  must  not allow  any  Alaska                                                               
dollars  to further  this terror.  SB 227  takes the  approach of                                                               
targeted divestment. Divestment works.  In 1997 the United States                                                               
declared sanctions  against the Sudanese government  and got them                                                               
to  drop  their  support  for  terrorists  and  to  cooperate  on                                                               
counter-terrorism. The  focus in this  bill is on  companies with                                                               
active  business operations  in Sudan.  Not one  U.S. company  is                                                               
doing business  there and hasn't  since 1997 when  sanctions were                                                               
put  into  place.  Fourteen   states  including  Texas,  Arizona,                                                               
Kansas,  Florida, and  North  Carolina  have targeted  divestment                                                               
laws aimed at Sudan. Detractors  acknowledge the righteousness of                                                               
the cause but point to two  problems. One is a slippery slope: if                                                               
Sudan, why  not tobacco  or South  Africa? But  this case  is not                                                               
that  one.  There is  a  large  difference between  genocide  and                                                               
smoking  cigarettes.  We  should  all  agree  not  to  invest  in                                                               
companies that are helping a  government kill their own citizens.                                                               
The second argument is that it  will cost money. Costs are wildly                                                               
overstated.  No one  at this  table would  knowingly invest  in a                                                               
company that is sponsoring genocide. Why do so as a state?                                                                      
                                                                                                                                
10:34:48 AM                                                                                                                   
DIXIE  HOOD, Family  Therapist,  Juneau, said  she  has been  the                                                               
beneficiary  of the  permanent fund  dividend,  and she  supports                                                               
humanitarian  concerns over  possible profits.  The international                                                               
boycott  in  South  Africa helped  end  apartheid.  She  supports                                                               
restricting state investments in  Sudan until human rights abuses                                                               
in Darfur have stopped and not resumed for 12 months.                                                                           
                                                                                                                                
10:36:15 AM                                                                                                                   
HELENA  FAGAN, Juneau,  said the  facts in  Sudan are  clear. She                                                               
will  give  a brief  history  of  her  family  to point  out  her                                                               
personal devotion  to this  cause. Her mother  lived in  the Lodz                                                               
ghetto  of Poland  and was  then moved  to Auschwitz  and Bergen-                                                               
Belsen. Her great grandparents were  gassed in a truck and dumped                                                               
in the  mass graves of  Chelmno. Her  grandfather died in  a work                                                               
camp. Her  grandmother died  in the  Auschwitz gas  chambers. Her                                                               
mother is  part of a  network of  survivors who worked  to create                                                               
the holocaust  memorial in Portland,  Oregon. Ms.  Fagan traveled                                                               
with her  mother to all the  death camps in Poland  and collected                                                               
soil  to deposit  in the  foundation  of the  memorial. The  soil                                                               
holds ashes  and bones  fragments. The mass  grave sites  she saw                                                               
were as  large as  football fields.  Her mother  spoke publically                                                               
many  times  about  her experiences,  including  for  Pillars  of                                                               
America.  Every  time  she  spoke she  had  nightmares,  but  she                                                               
continued  so that  people --  especially young  people --  could                                                               
hear what happens when hatred grows and is fed by indifference.                                                                 
                                                                                                                                
MS. FAGAN said her mother is 78  and has decided that she is done                                                               
speaking.  "So  I  figure  that  now  it's  my  turn  to  speak."                                                               
Indifference  killed  her  family  as much  as  hatred  did.  Her                                                               
grandfather tried to get his family  out of Poland for years, and                                                               
nobody would  help. The  United States wouldn't  let him  in even                                                               
though he  had money  and appropriate  paperwork. Her  mother was                                                               
allowed  to enter  America many  months after  she was  liberated                                                               
from Bergen-Belsen  on a  stretcher and  too emaciated  to stand.                                                               
During the  past month,  while people are  killed in  Darfur, she                                                               
has heard state leaders speak of  why they hesitate to support SB
227. The director of the  permanent fund says that financial gain                                                               
is his  directive, and  by divesting someone  else will  just buy                                                               
in. "But I  also believe that we can have  financial gain without                                                               
contributing  to suffering,  and I  believe that  we must  not be                                                               
indifferent to genocide and hatred."                                                                                            
                                                                                                                                
10:39:50 AM                                                                                                                   
MS. FAGAN said when she told  her mother that she was testifying,                                                               
her  mother thought  she  was  wasting her  time.  She wants  the                                                               
committee to prove her wrong and pass SB 227.                                                                                   
                                                                                                                                
10:40:40 AM                                                                                                                   
MICHAEL BURNS,  CEO, Alaska  Permanent Fund  Corporation, Juneau,                                                               
said he  sincerely appreciates  the motivation  that led  to this                                                               
bill  and   is  profoundly  disturbed  by   the  incomprehensible                                                               
situation  in  Darfur. It  is  the  legislature's prerogative  to                                                               
direct investments of the permanent  fund, and if asked to divest                                                               
it will do so.  He said to think carefully. In  30 years the fund                                                               
has been invested for the  financial benefit of Alaskans. Placing                                                               
a social investment directive on  the fund would be a significant                                                               
change  to  the core  mission.  The  prudent  course is  to  make                                                               
investment  decisions   based  only  on  economics.   "After  the                                                               
question  of  prudence  is  the  question  of  efficacy.  We  are                                                               
concerned  by  the  prospect  of  placing  a  socially  motivated                                                               
directive on  the permanent fund  that will have some  costs when                                                               
we have not  seen definitive proof that  these divestment efforts                                                               
are or  have been  effective." He provided  a review  the effects                                                               
that  divestment from  South Africa  had on  the decision  to end                                                               
apartheid. Those researchers said it  was other forms of pressure                                                               
that  caused the  South African  government to  change. The  U.S.                                                               
treasury  and state  department are  trying  to bring  an end  to                                                               
genocide in  Darfur. SB 227  is a significant decision  that will                                                               
impact Alaska's investments well into the future.                                                                               
                                                                                                                                
10:43:12 AM                                                                                                                   
MR. BURNS  said the two  departments spoke to the  Senate Banking                                                               
Committee  in Washington.  The common  theme was  that individual                                                               
divestment  policies  at  the  state   level  will  hinder  their                                                               
efforts. Studies of the sovereign  wealth funds of the world rank                                                               
the  permanent  fund in  the  upper  decile for  best  practices,                                                               
including making investment decisions only on financial grounds.                                                                
                                                                                                                                
SENATOR BUNDE asked about the  constitutional language from which                                                               
Mr. Burns  takes his direction.  There is other  legislation that                                                               
considers  assets of  the state  not  available for  initiatives.                                                               
Assets are supposed to be used for the good of Alaskans.                                                                        
                                                                                                                                
MR. BURNS said  the constitution only requires  the protection of                                                               
the  corpus and  that  25  percent of  the  revenue  goes to  the                                                               
permanent fund.  Everything else  is statutory,  which now  is to                                                               
invest for maximum return while protecting the principal.                                                                       
                                                                                                                                
10:46:33 AM                                                                                                                   
SENATOR  FRENCH asked  if  he  has read  some  of the  divestment                                                               
materials. Three companies have changed  operations in Sudan as a                                                               
result of  divestment. One is  CHC Helicopter Corporation  -- the                                                               
largest provider  of helicopter  services in the  global offshore                                                               
oil and gas industry. It  recently ceased all business operations                                                               
in  Sudan because  of  concerned investors.  The  other is  Rolls                                                               
Royce,  which sells  oil  equipment to  Sudan.  It announced  its                                                               
decision  to  leave   citing  increasing  humanitarian  concerns.                                                               
Siemens  pledged   to  pull  out   of  the  country   because  of                                                               
divestment.  The Brooking  Institute said:  In the  view of  some                                                               
analysts  divestment  campaigns  may prove  more  effective  than                                                               
sanctions. He asked if that changes Mr. Burns' view of efficacy.                                                                
                                                                                                                                
MR. BURNS  said he was  not aware and  has not seen  that report.                                                               
Embarrassing a  government that  is taking part  in this  kind of                                                               
activity is difficult.  They are beyond it. "I  don't think we're                                                               
going to jawbone these people into doing the right thing."                                                                      
                                                                                                                                
SENATOR FRENCH asked if he disputes it.                                                                                         
                                                                                                                                
MR. BURNS said he didn't he just wasn't aware of it.                                                                            
                                                                                                                                
SENATOR FRENCH asked  him to reconsider in the light  of the fact                                                               
that three  major corporations have  ceased operations  there. If                                                               
corporations don't  help the Sudanese  government kill  their own                                                               
citizens, the  government wouldn't be able  to do it. He  said he                                                               
means no  harm to Mr.  Burns, but it is  a reality on  the planet                                                               
being  done with  the  help of  corporations  that supply  bolts,                                                               
trucks, and machinery to keep it going.                                                                                         
                                                                                                                                
10:49:36 AM                                                                                                                   
SENATOR BUNDE  said the efficacy  thing bothers him.  His limited                                                               
understanding  is that  the  weapon  of choice  for  Africa is  a                                                               
machete and  doesn't involve  Rolls Royce.  If Alaska  limits its                                                               
investment will  it keep the  leaders from having lunch,  or will                                                               
the poor people who are being abused have less food?                                                                            
                                                                                                                                
MR.  BURNS said  he  was  not aware  of  the  two companies  that                                                               
Senator French discussed. If Alaska  divested its holdings in the                                                               
four or  five companies, he  doesn't know what effect  that would                                                               
have on  anything. If  Alaska sells, someone  else will  buy. How                                                               
does that harm the company and therefore harm the government?                                                                   
                                                                                                                                
SENATOR BUNDE  said he would very  much like to see  the genocide                                                               
stop, but it  would be boots on the ground  by the United Nations                                                               
and  African nations  to stop  it. Over  years, divestment  might                                                               
have an  impact. But  how many  people will  die in  the interim?                                                               
There are quicker ways to protect these people.                                                                                 
                                                                                                                                
10:51:51 AM                                                                                                                   
SENATOR  FRENCH  said  the  bill  is not  aimed  at  any  company                                                               
providing humanitarian aid or anyone  importing food or lighting.                                                               
It is targeted divestment.                                                                                                      
                                                                                                                                
SENATOR  STEVENS  asked  how  Mr. Burns  would  figure  out  what                                                               
companies the fund would divest if this bill passes.                                                                            
                                                                                                                                
MR. BURNS said  there are lists available, but  he hasn't thought                                                               
it through. He would have to  deal with the fund's managers. Some                                                               
holdings are  in the index funds.  "You're either in an  index or                                                               
you're not in the index." "If you  invest in an index fund of the                                                               
S&P 500, you are in the  S&P 500 with billions of other dollars."                                                               
The  S&P  498  has  a   custom  benchmark  and  that  is  managed                                                               
differently at a  different expense level. "That's  what we tried                                                               
to reflect in the fiscal note."                                                                                                 
                                                                                                                                
SENATOR FRENCH  said, "When you  use the  word S&P you  know that                                                               
this S&P  doesn't include any  targeted companies." Not  a single                                                               
U.S. company is doing business there.                                                                                           
                                                                                                                                
10:54:02 AM                                                                                                                   
MR. BURNS  said he  should have  used AEFA  [Europe, Australasia,                                                               
and Far East index]. "I stand corrected."                                                                                       
                                                                                                                                
PAT  GALVIN,  Commissioner,  Department   of  Revenue,  said  the                                                               
administration  supports SB  227.  The bill  properly reflects  a                                                               
proactive  action  against genocide  in  Darfur  by divesting  in                                                               
companies that profit from those  activities. The situation is an                                                               
ongoing human  tragedy and  Alaska has an  opportunity to  take a                                                               
stand against  those atrocities.  Congress and the  Department of                                                               
State  have labeled  it genocide,  and that  is an  unprecedented                                                               
situation. "With that legislation  there [was] also language that                                                               
would  tend  to  shield,  potentially, the  decisions  of  social                                                               
investing  that  may otherwise  be  subject  to potential  claims                                                               
based  upon  other  precedent,  and   we  are  working  with  the                                                               
Department of  Law to look  at how that congressional  action may                                                               
affect  decisions, absent  the passage  of  this legislation,  to                                                               
allow the  administration to actually  take certain  actions with                                                               
regard  to divestiture  that would  still be  compliant with  the                                                               
state investment laws."  There are areas of  the legislation that                                                               
should be amended  and he wants to work with  the sponsors in the                                                               
finance committee "to  try to eliminate some of  the burdens with                                                               
regard  to  the machinery  of  how  this  bill would  affect  the                                                               
divestiture, in  order to minimize  some of the costs  that don't                                                               
change the core  principal of affecting the  divestiture of state                                                               
funds in this  manner." There may be some  additional language to                                                               
shield some of the investment  decisions that Alaska can't really                                                               
manage and  affect, such  as passive  investments and  some index                                                               
funds.  They should  be shielded  from  this. The  administration                                                               
would like to work with the bill sponsors on it.                                                                                
                                                                                                                                
10:57:36 AM                                                                                                                   
COMMISSIONER  GALVIN said  it  is a  difficult  decision and  the                                                               
state has avoided it in the  past. But the situation in Darfur is                                                               
unique so the  state can avoid a slippery slope  and still ensure                                                               
that state funds are not invested in  a way to have any chance of                                                               
contributing to the suffering in Darfur.                                                                                        
                                                                                                                                
DEBORAH BOCK,  Volunteer, Save Darfur  Anchorage, said  last year                                                               
Congress  passed  the  Sudan Accountability  and  Divestment  Act                                                               
prohibiting  any company  from receiving  any contracts  with the                                                               
federal government  because of their complicity  with the ongoing                                                               
genocide. The  act also  encourages states  to adopt  policies of                                                               
targeted divestment. It opens the  door for every state to divest                                                               
from  the  foreign  oil,  mining and  power  companies  that  are                                                               
providing  documented substantial  support to  the government  of                                                               
Sudan  in  its  genocidal  campaign.  Currently  24  states  have                                                               
adopted  or are  considering  divestment  policies. When  Arizona                                                               
joined  this group  last month,  all 90  lawmakers supported  the                                                               
legislation. It  is now Alaska's  turn. SB 227 would  require the                                                               
permanent  fund and  the Alaska  Retirement  Management Board  to                                                               
implement  targeted  divestment,  which would  mean  selling  off                                                               
holdings  in companies  that have  been  indentified by  multiple                                                               
international  organizations as  having documented  complicity in                                                               
the  Darfur  genocide.  "We  sell   those  foreign  holdings  and                                                               
purchase holdings in American companies  that are genocide free -                                                               
it's  that simple."  The  permanent fund  has  about $22  million                                                               
invested in  six foreign companies  that are linked  to genocide.                                                               
China is  the majority  shareholder of two  of them,  Sinopec and                                                               
Hong Kong.  China is also  the leading  small arms dealer  to the                                                               
Sudan government. China  sold $55 million worth of  small arms to                                                               
Sudan from  2003 to 2006  that have  been used by  the government                                                               
against its citizens. This is the  first time in history that the                                                               
U.S. Congress  and president  have labeled  genocide while  it is                                                               
occurring.  Targeted divestment  isn't about  sacrificing profits                                                               
for  the  greater  good.  There   are  many,  many  genocide-free                                                               
investments that are equally profitable.                                                                                        
                                                                                                                                
11:01:07 AM                                                                                                                   
MAX CROES, Sudan Divestment Task  Force and Genocide Intervention                                                               
Network, Washington  D.C., said his organization's  mission is to                                                               
power individuals  and communities  with tools to  stop genocide.                                                               
He said  the Sudanese  government is a  global anomaly;  it lacks                                                               
the ability to  produce capital, and it relies  solely on foreign                                                               
corporations  for  technology and  capital  to  develop its  oil.                                                               
Targeting these  corporations effects  change inside  the country                                                               
by pressuring  the government. It  works. Nine  corporations have                                                               
withdrawn or  substantially altered their policies  inside Sudan.                                                               
In reference to sovereign wealth  funds, some of the largest have                                                               
elected to  adopt investment policies that  reflect financial and                                                               
moral  obligations.   The  Norwegian  government   pension  fund,                                                               
Australian future  fund, and New Zealand  superannuation fund are                                                               
all in this category. Sovereign  wealth funds are responsible for                                                               
preserving their resources for future  generations, but they also                                                               
have  responsibility  to  preserve  a world  that  is  good.  The                                                               
permanent fund's  actions would not  be out of line  from similar                                                               
funds.  This is  not a  permanent policy;  there are  four sunset                                                               
provisions including  if the genocide  ends and if  the president                                                               
or Congress assert that divestment  policies interfere with their                                                               
ability to make foreign policy.                                                                                                 
                                                                                                                                
11:04:01 AM                                                                                                                   
SENATOR  FRENCH  moved  to  report SB  227  from  committee  with                                                               
individual recommendations and attached fiscal note(s).                                                                         
                                                                                                                                
SENATOR STEVENS objected to say he  wishes he knew more about the                                                               
Darfur issue.  His knowledge of  the holocaust is better,  and he                                                               
can't help but think that if  we had done something about that in                                                               
1941, some of the suffering  would have stopped. He questions the                                                               
legislation,  but it  is an  issue  worth discussion,  and he  is                                                               
willing to move it to the next committee for that purpose.                                                                      
                                                                                                                                
CHAIR MCGUIRE  said she  echoes those  thoughts and  the slippery                                                               
slope and  how SB 227  would work in  a practical sense.  But she                                                               
has  woken up  at night  on this  issue, and  saying nothing  and                                                               
doing nothing during times of atrocity makes us responsible.                                                                    
                                                                                                                                
SENATOR STEVENS removed  his objection, and SB 227  passed out of                                                               
committee.                                                                                                                      
                                                                                                                                

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