Legislature(2011 - 2012)BUTROVICH 205
03/17/2011 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB98 | |
| HB98 | |
| SB94 | |
| Confirmation Hearings|| Alaska Public Offices Commission | |
| Human Rights Commission | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 94 | TELECONFERENCED | |
| = | SB 98 | ||
| = | HB 98 | ||
SB 94-SECOND VERSE OF ALASKA'S STATE SONG
9:19:15 AM
CHAIR WIELECHOWSKI announced the consideration of SB 94, which
would create a second verse to the Alaska State Song.
9:19:42 AM
SENATOR BETTYE DAVIS, sponsor of SB 94, said this bill passed
the Senate last year but didn't make it through the House due to
a lack of time. She showed the committee that the second verse
is already in the legislative directory and she would like it to
be official.
9:20:59 AM
PAMELA MARSH, staff to Senator Bettye Davis, said she would
defer to the daughter of the woman who wrote the song.
CHAIR WIELECHOWSKI opened public testimony.
9:22:16 AM
CONNIE DAVIS, representing herself, said she is the daughter of
Trevor and Carol Berry Davis. She said 1927 was an exciting
year. In January then Governor Parks announced a contest for an
official state flag. Her father said the design represented all
of Alaska. It became known nationwide and in Paris where the
American Legion was meeting. Her mother drafted the song soon
thereafter and was able to interview Benny Benson, the contest
winner for the flag design. Her mother also used words from her
friend Marie Drake. Ms. Davis said we've listened to this song
for many years but now some people don't even know the first
verse. It would be nice to hear both verses at public functions.
CHAIR WIELECHOWSKI said it's amazing that this is such a young
state that some of the people who helped create the state are
still around.
9:25:35 AM
MARIE OLSEN, representing herself, said she is a member of the
Alaska Native Sisterhood. ANS always supported the Alaska Native
Brotherhood that was responsible for bringing equal education to
Alaska Natives, workers' compensation, and the right to vote
before the U.S. voting amendment passed. Carol Berry Davis was a
member of the sisterhood and a good family friend. She wrote
poetry. The second verse would complete the history of Alaska.
It would unite the people because it mentions Benny Benson. If
there ever was a division, this would remove it.
9:28:19 AM
RICHARD JACKSON, Grand President, Alaska Native Brotherhood,
said he supports the sponsor's efforts to get this bill passed.
He is a three-year veteran and he always remembered the state
song when he was overseas. He believes that the first line of
the second verse is particularly meaningful because it
complements the efforts toward non-discrimination. It
complements the first verse. Both the Alaska Native Brotherhood
and Sisterhood support the bill.
CHAIR WIELECHOWSKI closed public testimony and held SB 94 in
committee.
^CONFIRMATION HEARINGS
^Alaska Public Offices Commission
CONFIRMATION HEARING(S)
Alaska Public Offices Commission
9:31:47 AM
CHAIR WIELECHOWSKI announced the next order of business would be
confirmation hearings. He said the first nominee is Mr. Kenneth
Kirk, who has been nominated to serve on the Alaska Public
Offices Commission.
9:32:17 AM
KENNETH KIRK, Governor's nominee, Alaska Public Offices
Commission (APOC), said he is an attorney in Anchorage and a
Republican member candidate but he believes the position should
be non-partisan. He would like to change some things on the
commission but care must be taken to meet legitimate concerns
and protect the First Amendment.
9:34:04 AM
CHAIR WIELECHOWSKI asked what changes he had in mind regarding
procedures and policies.
MR. KIRK responded the commission is already reviewing the
regulations and he believes they only need tweaking, not major
changes.
CHAIR WIELECHOWSKI asked if there might be better ways to file
required APOC reports.
MR. KIRK answered the filing procedures could be improved. For
example, APOC rules state the public official financial
disclosure must be done on a form provided by APOC; however,
there is no form. Many small things need to be fixed.
CHAIR WIELECHOWSKI asked his opinion about the APOC staffing
level.
MR. KIRK answered he believes it's about right, but that
assessment may be premature.
CHAIR WIELECHOWSKI asked his opinion on the draft regulations
APOC has out for public review.
MR. KIRK replied he has concerns about things like the
definition of "anything of value" and the restriction on
political funds being spent on public utility elections, but
these are relatively minor.
9:37:24 AM
SENATOR PASKVAN noted Mr. Kirk's writing on the merit based
system for the selection of judges sets out a dichotomy between
liberal and conservative, and asked how he would apply that
distinction in his work with APOC.
MR. KIRK replied that is his private citizen view. As a
commissioner he would need to be more careful and considered in
his decisions. He noted that he writes for the Bar Rag and his
writings often try to shake things up; as an APOC commissioner
he would be much more cautious.
CHAIR WIELECHOWSKI said Mr. Kirk's letter to the committee talks
about restrictions on free speech, and asked how he would deal
with situations that don't reflect his personal philosophy but
rather are points of law or regulation.
MR. KIRK responded he wouldn't expect to look at every case in
terms of the First Amendment. However, restrictions on free
speech need to be narrowly tailored. The issue last year about
forwarding emails was a concern and was beyond what the First
Amendment would permit. There was nothing in the statutes which
prohibited forwarding emails.
9:41:55 AM
CHAIR WIELECHOWSKI asked if he would have a problem being fair
since this is a political appointment.
MR. KIRK answered people can be fair when dealing with members
of the other party just as legislators do. The current
commissioners feel the same.
CHAIR WIELECHOWSKI said that's been his experience.
9:43:12 AM
SENATOR PASKVAN noted the phrase "using the state constitution
as a weapon" in Mr. Kirk's writing is a concern. The
constitution is more of a standard than a weapon. That reference
was made to the Alaska Supreme Court. The writing was "Alaska:
Conservative State, Liberal Judiciary."
MR. KIRK said he did that writing at the request of an advocacy
organization. The reference was to the Supreme Court trying to
push a particular agenda.
SENATOR PASKVAN said he was focused on the word "weapon" and why
Mr. Kirk would use that term.
MR. KIRK said he doesn't recall, but his point was probably that
the court was not interpreting the constitution but rather
misusing it to push a particular agenda.
9:45:38 AM
CHAIR WIELECHOWSKI asked if the meeting load would be
problematic for him, in view of his private practice.
MR. KIRK answered no. He's always done extra activity and in
preparing for this position he has resigned from others. He
imagines he will cut back on new cases during the election
season.
9:46:55 AM
SENATOR MEYER disclosed that Mr. Kirk is a constituent and he's
found him to be impartial, fair, and unbiased. It is a volunteer
position for all practical purposes.
CHAIR WIELECHOWSKI asked for a motion.
9:47:38 AM
SENATOR MEYER moved to forward the name Kenneth Kirk to the
joint body for further consideration.
CHAIR WIELECHOWSKI reminded the committee that a vote today does
not indicate support or opposition. Finding no objection, he
congratulated Mr. Kirk and said his name would be forwarded to
the joint body for consideration.
^Human Rights Commission
Human Rights Commission
9:48:35 AM
CHAIR WIELECHOWSKI announced the next order of business would be
the confirmation hearing of Jerrad "Shea" Hutchings who has been
nominated to the seven-member Human Rights Commission. Finding
that Mr. Hutchings was not online, he asked his staff to
explain.
9:49:52 AM
MICHELLE SYDEMAN, staff to Senator Wielechowski, informed the
committee that she had called Mr. Hutchings at least three
times, sent several emails, the latest this morning, and
contacted the Governor's Office. She noted that Jason Hooley
from the Governor's Office has been trying to contact Mr.
Hutchings as well. Her understanding is that Mr. Hutchings did
not participate during the House confirmation hearing. She
acknowledged that Mr. Hutchings did call to ask if he could
testify in the Senate State Affairs committee on Wednesday, but
he was told that the committee only meets on Tuesday and
Thursday.
9:51:26 AM
CHAIR WIELECHOWSKI set the confirmation hearing of Mr. Hutchings
aside.
9:51:49 AM
There being no further business to come before the committee,
Chair Wielechowski adjourned the Senate State Affairs Standing
Committee meeting at 9:51 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 94 Sponsor Statement.pdf |
SSTA 3/17/2011 9:00:00 AM |
SB 94 |
| SB 94 Fiscal Note.pdf |
SSTA 3/17/2011 9:00:00 AM |
SB 94 |
| SB 94 Bill History_Action for 27th Legislature.pdf |
SSTA 3/17/2011 9:00:00 AM |
SB 94 |
| SB 94 Background Material Newpaper letter from Fran Ulmer.pdf |
SSTA 3/17/2011 9:00:00 AM |
SB 94 |
| SB 94 Background Material Historyf.pdf |
SSTA 3/17/2011 9:00:00 AM |
SB 94 |
| SB 94 Background Material Resolution.pdf |
SSTA 3/17/2011 9:00:00 AM |
SB 94 |