Legislature(2009 - 2010)FBX LIO Rm 380

07/20/2009 09:30 AM House JUDICIARY


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09:48:44 AM Start
09:49:42 AM Confirmation Hearing(s)|| Lieutenant Governor
12:12:07 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation: TELECONFERENCED
Lt. Governor - Lt. General Craig Campbell
(pending resignation of Commissioner Joe
Schmidt)
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                       Fairbanks, Alaska                                                                                        
                         July 20, 2009                                                                                          
                           9:48 a.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jay Ramras, Chair                                                                                                
Representative Nancy Dahlstrom, Vice Chair                                                                                      
Representative John Coghill                                                                                                     
Representative Max Gruenberg                                                                                                    
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Carl Gatto                                                                                                       
Representative Bob Lynn                                                                                                         
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Peggy Wilson (via teleconference)                                                                                
Representative Woodie Salmon                                                                                                    
Representative Paul Seaton (via teleconference)                                                                                 
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S)                                                                                                         
                                                                                                                                
Lieutenant Governor                                                                                                           
                                                                                                                                
     Craig Campbell - Fort Richardson                                                                                           
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No Previous Action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
CRAIG E. CAMPBELL, Commissioner                                                                                                 
Department of Military & Veterans' Affairs (DMVA);                                                                              
Adjutant General, Alaska National Guard;                                                                                        
Appointee, Lieutenant Governor                                                                                                  
Fort Richardson, Alaska                                                                                                         
POSITION STATEMENT:  Testified as appointee to the position of                                                                
lieutenant governor.                                                                                                            
                                                                                                                                
TROY DUNN, Lieutenant Colonel (retired)                                                                                         
United States Air Force (USAF)                                                                                                  
North Pole, Alaska                                                                                                              
POSITION STATEMENT:   Testified  during the  confirmation hearing                                                             
for Craig Campbell as lieutenant governor.                                                                                      
                                                                                                                                
MITCHELL HRACHIAR                                                                                                               
Homer, Alaska                                                                                                                   
POSITION STATEMENT:   Testified  during the  confirmation hearing                                                             
for Craig Campbell as lieutenant governor.                                                                                      
                                                                                                                                
JERRY MCCUTCHEON                                                                                                                
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in  opposition to the confirmation                                                             
of Craig Campbell as lieutenant governor.                                                                                       
                                                                                                                                
RHONDA BOYLES                                                                                                                   
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in  support of the confirmation of                                                             
Craig Campbell as lieutenant governor.                                                                                          
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
9:48:44 AM                                                                                                                    
                                                                                                                                
CHAIR JAY  RAMRAS called the  House Judiciary  Standing Committee                                                             
meeting  to   order  at  9:48   a.m.     Representatives  Ramras,                                                               
Dahlstrom,  Coghill, Gruenberg,  and Holmes  were present  at the                                                               
call  to order.    Representatives  Wilson (via  teleconference),                                                               
Salmon, and Seaton (via teleconference) were also in attendance.                                                                
                                                                                                                                
^CONFIRMATION HEARING(S)                                                                                                      
^Lieutenant Governor                                                                                                          
                                                                                                                                
9:49:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAMRAS  announced that the only  order of business                                                               
would be the  consideration of Craig Campbell to  the position of                                                               
lieutenant governor.                                                                                                            
                                                                                                                                
9:50:34 AM                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS explained  that, by  request  of Speaker  Chenault,                                                               
this would be an informational confirmation hearing.                                                                            
                                                                                                                                
9:51:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG directed attention  to AS 24.25.060, and                                                               
moved that Mr. Campbell testify under  oath.  He pointed out that                                                               
this could be  the only hearing in the  House of Representatives,                                                               
and the only opportunity to receive this information.                                                                           
                                                                                                                                
REPRESENTATIVE COGHILL objected.                                                                                                
                                                                                                                                
9:53:10 AM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  offered his belief  that no designee had  ever been                                                               
placed under oath during a  confirmation hearing, and stated that                                                               
he did not want to set a precedent.                                                                                             
                                                                                                                                
9:54:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES   opined  that   an  approval   from  this                                                               
confirmation hearing was  in lieu of a general  election, and she                                                               
seconded the motion to testify under oath.                                                                                      
                                                                                                                                
REPRESENTATIVE GRUENBERG  pointed out that testifying  under oath                                                               
"emphasized the  solemnity of  the occasion."   He  observed that                                                               
only  once  before  during Alaska's  history  had  a  non-elected                                                               
person been sworn in as governor or lieutenant governor.                                                                        
                                                                                                                                
9:56:25 AM                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS  reminded  everyone  that  any  voting  would  only                                                               
include members of the House Judiciary Standing Committee.                                                                      
                                                                                                                                
9:56:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   COGHILL   offered   his   belief   that   public                                                               
confirmation demonstrated that this  was an "open process," hence                                                               
there was no increased value to being under oath.                                                                               
                                                                                                                                
9:58:22 AM                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS recalled  that the  prior House  Judiciary Standing                                                               
Committee  confirmation  hearings  had not  placed  the  designee                                                               
under oath.                                                                                                                     
                                                                                                                                
9:58:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAHLSTROM  concurred  with  Chair  Ramras.    She                                                               
suggested the committee move forward without requiring an oath.                                                                 
                                                                                                                                
9:59:55 AM                                                                                                                    
                                                                                                                                
A  roll  call vote  was  taken.   Representatives  Gruenberg  and                                                               
Holmes voted in favor of a  motion to ask the designee to testify                                                               
under  oath.    Representatives Ramras,  Coghill,  and  Dahlstrom                                                               
voted against it.   Therefore, the motion failed by  a vote of 2-                                                               
3.                                                                                                                              
                                                                                                                                
10:00:51 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG   mentioned  that  he  might   move  to                                                               
schedule  an  additional  hearing  with another  committee.    He                                                               
expressed concern that this hearing  procedure differed from that                                                               
of the Senate.                                                                                                                  
                                                                                                                                
CHAIR  RAMRAS observed  that the  intent of  this hearing  was to                                                               
allow an opportunity to present Mr. Campbell to the public.                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG  voiced   the  possibility  of  sending                                                               
additional questions directly to Mr. Campbell.                                                                                  
                                                                                                                                
CHAIR  RAMRAS   requested  that  the  House   Judiciary  Standing                                                               
Committee members also receive a copy of those questions.                                                                       
                                                                                                                                
10:03:02 AM                                                                                                                   
                                                                                                                                
CRAIG  E.  CAMPBELL,  Commissioner,   Department  of  Military  &                                                               
Veterans'  Affairs  (DMVA);  Adjutant  General,  Alaska  National                                                               
Guard;  Appointee, Lieutenant  Governor,  explained  that he  was                                                               
under consideration for the position of lieutenant governor.                                                                    
                                                                                                                                
CHAIR RAMRAS  mentioned that this confirmation  hearing precluded                                                               
the swearing in  ceremony as acting lieutenant  governor, and was                                                               
then subject  to confirmation by  the full legislature  on August                                                               
10, 2009.                                                                                                                       
                                                                                                                                
10:04:28 AM                                                                                                                   
                                                                                                                                
MR.  CAMPBELL testified  that  he has  been  commissioner of  the                                                               
Department of Military  & Veterans' Affairs (DMVA)  for more than                                                               
6 years.   He acknowledged  that he  was honored to  be nominated                                                               
for  this position  and  that this  process  differed from  prior                                                               
confirmation processes.                                                                                                         
                                                                                                                                
MR. CAMPBELL  clarified that, as  of July  26, 2009, he  would be                                                               
"the acting  lieutenant governor pending full  confirmation."  He                                                               
allowed that  until the full  confirmation process, he  would not                                                               
have all the responsibilities and  authorities of the office.  He                                                               
opined that this would preserve  the integrity of the executive -                                                               
legislative  process, as  it  did not  assume  confirmation.   He                                                               
expressed his  comfort with the  differing roles in  the process,                                                               
and welcomed the opportunity to become lieutenant governor.                                                                     
                                                                                                                                
CHAIR RAMRAS  explained that  although he  had voted  against the                                                               
confirmation  of  Commissioner  Schmidt  as  lieutenant  governor                                                               
designee,  he looked  forward to  voting  for Mr.  Campbell.   He                                                               
noted  that  the  acting  attorney   general  designee  was  also                                                               
awaiting  confirmation.   He  endorsed  the current  confirmation                                                               
process   that  now   "showed   appropriate   deference  to   the                                                               
legislative branch."   He expressed  satisfaction that  there was                                                               
now  "order out  of what  was some  degree of  chaos in  the last                                                               
couple of weeks."                                                                                                               
                                                                                                                                
10:11:34 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  COGHILL,  observing   that  communication  was  a                                                               
necessity, asked what communications  had taken place between Mr.                                                               
Campbell and Lieutenant  Governor Parnell a propos  to the duties                                                               
and expectations for the lieutenant governor.                                                                                   
                                                                                                                                
MR. CAMPBELL  reflected that he  and Lieutenant  Governor Parnell                                                               
"were  on the  same  agenda politically"  and  disclosed that  he                                                               
would  perform  roles  beyond those  normally  delegated  to  the                                                               
lieutenant  governor, possibly  including  homeland security  and                                                               
emergency management, trade, education, and veterans' affairs.                                                                  
                                                                                                                                
REPRESENTATIVE COGHILL pointed  out that election law  was not an                                                               
easy area of law.  He  asked whether Mr. Campbell had advocated a                                                               
position on any of the upcoming initiatives.                                                                                    
                                                                                                                                
MR.  CAMPBELL replied  that  he had  not.   He  related that  his                                                               
service on the  Anchorage Assembly had trained him  to achieve an                                                               
understanding before he made decisions.   He stated his desire to                                                               
"find the balance  of what's right."  He reflected  that he would                                                               
be  working closely  with legislators  to understand  the desired                                                               
direction  of  their  constituents  in  order  to  determine  the                                                               
wording  for  initiatives and  referendums.    He suggested  that                                                               
wording  could often  become a  political issue,  and it  was his                                                               
role to make  sure it was a legal referendum.   He predicted that                                                               
there would  be an increase  in dialogue between  the legislature                                                               
and the lieutenant governor, to ensure the "right decisions."                                                                   
                                                                                                                                
10:17:11 AM                                                                                                                   
                                                                                                                                
CHAIR RAMRAS disclosed that he  had sought a commitment from past                                                               
attorney general  designees to  study the cost  of fuel  in rural                                                               
Alaska.  He  asked for a commitment from Mr.  Campbell to conduct                                                               
a study to  ensure that the titles of  initiatives are reflective                                                               
of the initiative text.                                                                                                         
                                                                                                                                
10:20:06 AM                                                                                                                   
                                                                                                                                
MR.  CAMPBELL stressed  that  it was  the  responsibility of  the                                                               
lieutenant governor's office to  present a non-partisan, straight                                                               
forward education  of what the  initiative said, and  he welcomed                                                               
suggestions to clarify that titles were reflective of text.                                                                     
                                                                                                                                
CHAIR RAMRAS suggested that Alaska  was moving toward more direct                                                               
democracy,  with  a  proliferation  of ballot  initiatives.    He                                                               
opined that title needed to be consistent with content.                                                                         
                                                                                                                                
10:22:21 AM                                                                                                                   
                                                                                                                                
MR. CAMPBELL  clarified that he  would not have that  report done                                                               
by January but  is willing to work with Chair  Ramras.  He agreed                                                               
that the objective "was honorable and correct."                                                                                 
                                                                                                                                
10:23:19 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE HOLMES  asked Mr. Campbell for  his thoughts about                                                               
changes for the Division of Elections.                                                                                          
                                                                                                                                
MR. CAMPBELL replied  that he is not  anticipating making changes                                                               
to the current staff of the Division of Elections.                                                                              
                                                                                                                                
REPRESENTATIVE  HOLMES asked  if Mr.  Campbell was  familiar with                                                               
the Institute of Social and Economic Research (ISER).                                                                           
                                                                                                                                
MR. CAMPBELL  replied that Lieutenant  Governor Parnell  had also                                                               
suggested for him to read those studies.                                                                                        
                                                                                                                                
REPRESENTATIVE HOLMES reported  on one study that  focused on the                                                               
chain of  custody for ballots  and voting  machines, specifically                                                               
when shipping  them to rural Alaska.   She asked if  Mr. Campbell                                                               
would commit to implement some of the recommendations.                                                                          
                                                                                                                                
MR. CAMPBELL declared that he  tackles issues.  He disclosed that                                                               
that Lieutenant Governor  Parnell had requested a  review of this                                                               
issue.   He stated that  elections "are a  significant, important                                                               
part of  democracy" and that  the integrity of elections  must be                                                               
maintained.                                                                                                                     
                                                                                                                                
10:27:15 AM                                                                                                                   
                                                                                                                                
CHAIR  RAMRAS  asked  for  an  explanation  of  the  process  for                                                               
assumption of the governorship.                                                                                                 
                                                                                                                                
MR. CAMPBELL offered his understanding  that the governor must be                                                               
an elected official.   He explained that, should  it be necessary                                                               
for  him to  become  governor, he  would  temporarily assume  the                                                               
office, and immediately call a  special election.  In response to                                                               
a  question, he  said he  would be  giving a  lot of  support and                                                               
deference to  Lieutenant Governor  Parnell.  He  established that                                                               
one of his strengths was  communication, and he would continue to                                                               
have dialogue with the legislature and the governor.                                                                            
                                                                                                                                
10:31:57 AM                                                                                                                   
                                                                                                                                
CHAIR RAMRAS  thanked Mr. Campbell  for his exemplary  service to                                                               
Alaska.  He mentioned that he  has not yet had an opportunity for                                                               
any discussions with  Lieutenant Governor Parnell.   He asked Mr.                                                               
Campbell to describe  what he understands to be  the direction of                                                               
the new administration.                                                                                                         
                                                                                                                                
MR.  CAMPBELL, in  response,  said  that he  is  unable to  "give                                                               
personal  reference"   to  any  administrative  direction.     He                                                               
observed that the direction of  the state has been similar during                                                               
the  Murkowski  and Palin  administrations:  "an  intent to  grow                                                               
business, to provide jobs, to  make sure Alaskans are educated so                                                               
they  can live  in Alaska  and be  productive."   He opined  that                                                               
better communication  of the agenda  between the  legislature and                                                               
the executive branch  would bring about achievement.   He said he                                                               
would  commit   to  job   and  education   improvement,  economic                                                               
development, tax constraint, and a future for Alaskans.                                                                         
                                                                                                                                
10:36:20 AM                                                                                                                   
                                                                                                                                
CHAIR RAMRAS asked what taxes he was referencing.                                                                               
                                                                                                                                
MR.  CAMPBELL  related  that  all  taxes,  regardless  of  state,                                                               
federal, or  local, need to be  considered for the effect  on the                                                               
individual.  He  espoused the need to "grow this  state with more                                                               
economic opportunities, with  a good tax base  that supports what                                                               
the  state needs  are,  but keeps  business  coming to  Alaska...                                                               
keeps citizens without an excessive  tax burden."  He recommended                                                               
that the  criteria for decision  making should be  jobs, economic                                                               
growth, education, and the tax burden.                                                                                          
                                                                                                                                
10:37:55 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG surmised that  Mr. Campbell did not know                                                               
how  the  policies  would   differ  between  Lieutenant  Governor                                                               
Parnell and Governor Palin.                                                                                                     
                                                                                                                                
MR. CAMPBELL concurred.                                                                                                         
                                                                                                                                
REPRESENTATIVE  GRUENBERG  pointed  out  that  Mr.  Campbell  had                                                               
stated he  would follow Lieutenant  Governor Parnell.   He opined                                                               
that Mr. Campbell  must have an idea of  what Lieutenant Governor                                                               
Parnell's positions will be, in  order to make the tax statements                                                               
that were just made.                                                                                                            
                                                                                                                                
MR.  CAMPBELL  clarified  that  he  will  follow  the  governor's                                                               
policies but  will be  working to influence  these policies.   He                                                               
said  he supports  the generic  direction of  Lieutenant Governor                                                               
Parnell,  whereas   he  will  give   counsel  for   any  specific                                                               
legislation.                                                                                                                    
                                                                                                                                
10:39:39 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked about any points  of disagreement                                                               
between Mr. Campbell and Lieutenant Governor Parnell.                                                                           
                                                                                                                                
MR. CAMPBELL said that there were none at this time.                                                                            
                                                                                                                                
REPRESENTATIVE GRUENBERG referred to  an article in the Fairbanks                                                               
Daily News Miner  in which Mr. Campbell stated that  he had urged                                                               
Governor  Palin to  reject stimulus  monies, if  acceptance would                                                               
bind Alaska to  federal rules.  He pointed to  another article in                                                               
which Mr. Campbell  called the stimulus money a bribe.   He asked                                                               
Mr. Campbell if these quotes were accurate.                                                                                     
                                                                                                                                
MR.  CAMPBELL  replied  he   that  didn't  remember  specifically                                                               
calling the money  a bribe, but he did consider  federal money to                                                               
implement programs  which Alaskans  may not want  to be  a bribe.                                                               
He allowed that the issue is "what  do we want to do in the state                                                               
of Alaska, not how much money do we want to collect."                                                                           
                                                                                                                                
10:42:08 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked  if   Mr.  Campbell  would  have                                                               
rejected the stimulus money.                                                                                                    
                                                                                                                                
MR. CAMPBELL  said that  he would have  rejected the  $28 million                                                               
for energy.   In response  to another  question, he said  that he                                                               
did not  look any further  into the  stimulus because it  did not                                                               
apply to DMVA,  so he could not say if  there were other stimulus                                                               
funds that  he would  have rejected.   He  stated his  reason for                                                               
rejection  to  be  that  he   was  informed  there  were  strings                                                               
attached, which included building codes.                                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked if  he still believed  there were                                                               
sufficient strings to reject the money.                                                                                         
                                                                                                                                
MR. CAMPBELL  said that  if the  legislature believes  that there                                                               
are  not   significant  strings,  then  he   would  support  that                                                               
decision.                                                                                                                       
                                                                                                                                
10:43:42 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG, referring  to a  recent United  States                                                               
Supreme Court  decision determining that the  property tax placed                                                               
on oil tankers  by the City of Valdez was  an unreasonable burden                                                               
on  the  tonnage  clause,  asked  Mr.  Campbell  if  he  saw  any                                                               
potential constitutional  issues regarding  the cruise  ship head                                                               
tax, and if so, how would he deal with this.                                                                                    
                                                                                                                                
MR. CAMPBELL  replied that he was  not familiar with the  City of                                                               
Valdez  case.   He  opined  that the  question  of user  taxation                                                               
required the  determination of  a threshold  whereby the  tax was                                                               
reasonable  for providing  a  service, but  not  a detriment  for                                                               
investment in Alaska.                                                                                                           
                                                                                                                                
10:46:44 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked  if the  Division  of  Elections                                                               
would be involved in the upcoming census.                                                                                       
                                                                                                                                
MR. CAMPBELL indicated that he  would have to further investigate                                                               
that issue before providing an answer.                                                                                          
                                                                                                                                
REPRESENTATIVE  GRUENBERG  offered  his  understanding  that  the                                                               
federal  census  bureau  would  welcome  state  assistance.    He                                                               
referred to  another United States Supreme  Court case, Northwest                                                               
Austin Municipal  Utility District Number One  (NAMUD) v. Holder.                                                               
The case referenced  Section 5 of the National  Voting Rights Act                                                               
of 1965, which requires preclearance  before a change in election                                                               
law.  He asked Mr. Campbell about his commitment to Section 5.                                                                  
                                                                                                                                
MR.  CAMPBELL, in  response to  Representative Gruenberg,  stated                                                               
his support for the Alaska State Constitution and federal law.                                                                  
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked if Mr. Campbell  would resist any                                                               
attempts for Alaska to "bail out" of Section 5.                                                                                 
                                                                                                                                
MR. CAMPBELL restated his support  of the federal law, and stated                                                               
that he personally  had no desire to  question the implementation                                                               
of Section 5.                                                                                                                   
                                                                                                                                
10:50:54 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG,  noting  that   there  were  about  56                                                               
languages spoken  in his  district, asked  if Mr.  Campbell would                                                               
consider additional bilingual ballots.                                                                                          
                                                                                                                                
MR.  CAMPBELL  said  that,  in  general,  he  was  interested  in                                                               
reviewing other  ways to include  participation by  more citizens                                                               
in the elective system.                                                                                                         
                                                                                                                                
10:52:19 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG offered  the belief  that there  was an                                                               
inherent  conflict of  interest  with the  Division of  Elections                                                               
being  presided  over  by the  lieutenant  governor,  an  elected                                                               
official whose  political fate  was controlled  by administration                                                               
of election laws.  He asked  Mr. Campbell for his view on placing                                                               
the Division of Elections under an independent commission.                                                                      
                                                                                                                                
MR. CAMPBELL said that he wouldn't  favor that, as in a democracy                                                               
"it  is the  elected  officials  who set  the  policy, tone,  and                                                               
direction  of  our  government."   He  offered  his  belief  that                                                               
relegating decisions to bureaucracy means  "that we get less of a                                                               
democracy."    He stated  his  disapproval  of commissions  which                                                               
"remove  authority  from  elected  officials."   He  offered  his                                                               
belief  that the  importance of  elections supported  maintaining                                                               
the current structure.                                                                                                          
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked  if  this  created  an  inherent                                                               
conflict of interest.                                                                                                           
                                                                                                                                
MR.  CAMPBELL replied  that  it did  not, and  in  response to  a                                                               
question, stated that  there was always a  potential for conflict                                                               
of  interest,  even  with the  establishment  of  an  independent                                                               
commission.                                                                                                                     
                                                                                                                                
10:54:20 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE SEATON referred to AS  44.19.026, and asked if Mr.                                                               
Campbell had  been designated by  Lieutenant Governor  Parnell to                                                               
preside  in his  absence,  and,  if not,  who  was designated  to                                                               
preside in his absence.                                                                                                         
                                                                                                                                
MR.  CAMPBELL  replied  that  he   had  been  appointed  to  this                                                               
position.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  SEATON referred  to  AS 44.19.040,  and asked  if                                                               
there  was an  official  letter of  withdrawal from  Commissioner                                                               
Schmidt.                                                                                                                        
                                                                                                                                
MR. CAMPBELL relayed  that this letter was  submitted to Governor                                                               
Palin on July 6, 2009.                                                                                                          
                                                                                                                                
REPRESENTATIVE SEATON,  referring to the expansion  of the voting                                                               
process, asked  if there was a  solution for the delay  it causes                                                               
for announcing final voting results.                                                                                            
                                                                                                                                
10:57:39 AM                                                                                                                   
                                                                                                                                
MR.  CAMPBELL replied  that  he did  not  want to  disenfranchise                                                               
voters and would continue to  search for voting efficiencies.  He                                                               
discussed  the problems  of  validation to  ensure  there is  not                                                               
double voting.   He stated  his commitment to  greater efficiency                                                               
and validation without voter disenfranchisement.   In response to                                                               
Chair  Ramras, he  explained  that one  of  the lost  opportunity                                                               
costs  to  accepting  the lieutenant  governor  position  was  no                                                               
longer  being active  in the  culmination of  his DMVA  long term                                                               
strategic  plans.   He  stated that  his  greatest personal  loss                                                               
would be  the necessity of  his retirement from  military service                                                               
after 35 years.                                                                                                                 
                                                                                                                                
11:02:56 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG,  noting that the  redistricting process                                                               
will begin in  Alaska after the census, asked Mr.  Campbell if he                                                               
would have a role in this process.                                                                                              
                                                                                                                                
MR. CAMPBELL replied that his role was not yet defined.                                                                         
                                                                                                                                
11:06:10 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE   GRUENBERG  recalled   that   Mr.  Campbell   had                                                               
previously testified that eligibility  for benefits to members of                                                               
the  Alaska Territorial  Guard (ATG)  was being  determined.   He                                                               
asked if there was a written plan.                                                                                              
                                                                                                                                
MR. CAMPBELL explained that this  statement was made at a hearing                                                               
which  occurred  at the  same  time  the federal  government  was                                                               
discussing  cancellation  of  these   retirement  benefits.    He                                                               
elaborated on the  background of these payments,  and the current                                                               
benefit schedule.   He reported that the state has  not written a                                                               
plan as preparation is underway for federal payment.                                                                            
                                                                                                                                
MR. CAMPBELL disclosed  that the second part  of this preparation                                                               
is for the completion of the ATG discharge certificates.                                                                        
                                                                                                                                
11:10:21 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked  about  benefits  for  surviving                                                               
spouses of ATG members.                                                                                                         
                                                                                                                                
MR. CAMPBELL replied  that each case is different and  it will be                                                               
up  to the  federal government  to address  those instances  on a                                                               
case-by-case basis.                                                                                                             
                                                                                                                                
11:12:46 AM                                                                                                                   
                                                                                                                                
MR.  CAMPBELL,  in  response  to a  request  from  Chair  Ramras,                                                               
recounted his  accomplishments as commissioner and  disclosed his                                                               
goals as  lieutenant governor.   He noted that, during  the prior                                                               
six  years,  the  Alaska  National  Guard  had  seen  a  dramatic                                                               
increase to  its relevance as now  more than 75 percent  had been                                                               
deployed  to combat  zones.   He presented  that the  Division of                                                               
Homeland Security/Emergency  Management had  grown and  was doing                                                               
an  outstanding job  providing  support to  both  the public  and                                                               
private sectors.   He praised the Alaska  Military Youth Academy,                                                               
and  the  national  awards  for   excellence  which  it  received                                                               
annually.                                                                                                                       
                                                                                                                                
11:16:41 AM                                                                                                                   
                                                                                                                                
MR.  CAMPBELL, in  response  to  a question  about  his goals  as                                                               
lieutenant  governor, established  as his  priorities: elections,                                                               
reapportionment,  and  an  increase  to   the  number  of  voting                                                               
Alaskans.   He  expressed his  desire to  continue his  work with                                                               
Division of Homeland Security/Emergency Management.                                                                             
                                                                                                                                
CHAIR RAMRAS asked  if the temporary cessation of  the $.08 motor                                                               
fuel tax had impacted the consumers.                                                                                            
                                                                                                                                
MR.  CAMPBELL  reiterated  his  earlier  statements  that  it  is                                                               
necessary to  be aware  of all  taxes and  that citizens  need to                                                               
know they  are receiving a  benefit from a  tax.  In  response to                                                               
Chair Ramras,  he answered that  he had no knowledge  whether the                                                               
$.08 was "raked off to the refiners or producers."                                                                              
                                                                                                                                
CHAIR  RAMRAS noted  that the  temporary suspension  of the  $.08                                                               
fuel tax  will cost the State  of Alaska about $42  million, most                                                               
of which  would have been spent  on road repair.   He asked which                                                               
interest is being  best served, the consumer saving  the money at                                                               
the gas pump, or the consumer now having roads in disrepair.                                                                    
                                                                                                                                
11:22:12 AM                                                                                                                   
                                                                                                                                
MR. CAMPBELL replied that this was  "the essence of the debate of                                                               
government  and  the democracy."    He  offered his  belief  that                                                               
government should  be small,  and only as  large as  necessary to                                                               
provide  the basic  services to  a  society.   He questioned  the                                                               
necessity of  a gas tax, and  proposed, in order for  roads to be                                                               
maintained, other government programs could be eliminated.                                                                      
                                                                                                                                
11:23:00 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE SALMON  asked whether improvements can  be made to                                                               
voting  systems in  rural areas  of the  state, specifically  the                                                               
mailer ballots.                                                                                                                 
                                                                                                                                
MR. CAMPBELL  shared his  concern for  rural Alaska  and surmised                                                               
that new technology will improve the processes.                                                                                 
                                                                                                                                
11:25:37 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE SALMON noted that  many villages report results by                                                               
phone, not by computer.                                                                                                         
                                                                                                                                
11:27:10 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG  recalled   that  Mr.  Campbell,  while                                                               
serving  on the  Anchorage  Assembly, had  proposed to  privatize                                                               
municipal assets, such as utilities and libraries.                                                                              
                                                                                                                                
MR.  CAMPBELL pointed  out that  he still  advocates for  selling                                                               
utilities, stating  that private sector businesses  should not be                                                               
run  by the  government.   He stated  his belief  in faith  based                                                               
support  organizations.   In response  to a  question, he  stated                                                               
there were not  any state assets that he  would consider selling.                                                               
He offered  his belief  that each school  should be  permitted to                                                               
address the issue  of corporal punishment.  When  asked about the                                                               
city  bus  system,  he  reiterated  his  earlier  statement  that                                                               
private  businesses are  best  run  by the  private  sector.   He                                                               
declared his support for  healthy negotiations between government                                                               
and  unions.   In  response  to  a question  from  Representative                                                               
Gruenberg, he reaffirmed his support for the initiative process.                                                                
                                                                                                                                
REPRESENTATIVE   GRUENBERG  commented   that  recently,   several                                                               
serious  attempts had  been made  to increase  the difficulty  of                                                               
placing  initiatives on  the ballot.   He  asked Mr.  Campbell to                                                               
state his position on these motions.                                                                                            
                                                                                                                                
MR.  CAMPBELL replied  that he  would  not support  a measure  to                                                               
increase  the  difficulty; however,  he  emphasized  the need  to                                                               
ensure that ballot initiatives were valid.                                                                                      
                                                                                                                                
11:33:44 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE DAHLSTROM  disclosed that she has  worked with Mr.                                                               
Campbell and that she had a good understanding of his abilities.                                                                
                                                                                                                                
11:35:07 AM                                                                                                                   
                                                                                                                                
TROY DUNN, Lieutenant Colonel (retired),  United States Air Force                                                               
(USAF),   expressed  his   belief  that   "past  activities   are                                                               
indicative  of future  performance."   He expressed  concern with                                                               
the  ethical  issues  which  continue   to  plague  Alaska  state                                                               
government  and announced  that he  had serious  ethical concerns                                                               
about  the  newly  proposed  administration.     He  related  the                                                               
findings of the U.S. Air  Force (USAF) Inspector General's office                                                               
regarding the  illegal use of  government aircraft.   He detailed                                                               
the investigative report,  which found that the  commander of the                                                               
Alaska Air National Guard and  the operations group commander had                                                               
illegally  scheduled   and  used   USAF  aircraft   for  personal                                                               
convenience.   He noted that  the Inspector General's  office was                                                               
responsible  for  finding  the   facts,  but  not  for  providing                                                               
required punitive action.  He  pointed out that the findings were                                                               
forwarded to  the command structure  of the  offending individual                                                               
for action.                                                                                                                     
                                                                                                                                
LIEUTENANT  COLONEL DUNN  pointed  out that  Major General  Craig                                                               
Campbell, Adjutant General of the  Alaska National Guard, was the                                                               
commander responsible for any punitive action.                                                                                  
                                                                                                                                
LIEUTENANT  COLONEL DUNN  reported that  when no  punitive action                                                               
was   taken  by   Major  General   Campbell,  he   contacted  the                                                               
investigating officer  at the  Pentagon, and  was told  "that the                                                               
report  and its  results were  forwarded to  the Alaska  Adjutant                                                               
General, Major General Craig Campbell,  for action, and they have                                                               
received no  reply as to  what action he  would take."   He noted                                                               
that it is customary within the  chain of command to respond.  He                                                               
continued,  revealing  that  he  sent  a  letter  and  supporting                                                               
documents to  both the candidates for  governor, and subsequently                                                               
to  Governor-elect Palin.   He  shared that  he followed  up with                                                               
then Chief  of Staff Tibbles,  who responded that the  matter had                                                               
been forwarded to the Department  of Military & Veterans' Affairs                                                               
(DMVA) and  this was all  that he  could do.   Lieutenant Colonel                                                               
Dunn explained  that he contacted  the next members in  his chain                                                               
of command,  which included Senator  Ted Stevens.  He  shared the                                                               
e-mail response he received from Senator Stevens:                                                                               
                                                                                                                                
     Troy, I got word today from the governor's office that                                                                     
     action is being taken on this.  Can't say more at this                                                                     
     time, but I think it will be obvious when it occurs.                                                                       
                                                                                                                                
He   related  that   of  the   two  individuals   named  in   the                                                               
investigation,  the commander  of the  Alaska Air  National Guard                                                               
subsequently  retired, but  the  operations  group commander  was                                                               
promoted.                                                                                                                       
                                                                                                                                
LIEUTENANT  COLONEL DUNN  offered copies  of the  testimony.   He                                                               
stated  his  belief  that Major  General  Campbell  violated  the                                                               
ethics  of the  office  and the  trust of  his  command with  his                                                               
initial  lack  of  action  and   his  ensuing  promotion  of  the                                                               
operations  group  commander.    He opined  that  "this  lack  of                                                               
character would  not be  tolerated in  the active  duty military,                                                               
should  not  be tolerated  in  the  Alaska  Guard or  any  public                                                               
office."                                                                                                                        
                                                                                                                                
11:43:23 AM                                                                                                                   
                                                                                                                                
CHAIR RAMRAS requested copies of the testimony.                                                                                 
                                                                                                                                
LIEUTENANT  COLONEL   DUNN,  in  response  to   a  question  from                                                               
Representative Dahlstrom,  said that Diane Hutchinson  signed the                                                               
e-mail response from Senator Steven's office.                                                                                   
                                                                                                                                
CHAIR  RAMRAS relayed  that although  former Lieutenant  Governor                                                               
designee Schmidt  had received  a 95  percent no  confidence vote                                                               
from his departmental employees,  he was overwhelmingly confirmed                                                               
by  the  legislature.    He   disclosed  that  he  supported  the                                                               
confirmation of  Mr. Campbell,  and that  he would  encourage the                                                               
support of  other legislators, based on  Mr. Campbell's composite                                                               
contribution to the state.                                                                                                      
                                                                                                                                
LIEUTENANT COLONEL  DUNN, noting  that "the  ends do  not justify                                                               
the  means,"  opined  that  once   there  is  violation  of  "the                                                               
cornerstone of integrity"  there is no recovery.   In response to                                                               
Chair  Ramras,  he pointed  out  that  knowingly doing  something                                                               
wrong  is   unforgiveable.    He  offered   his  perception  that                                                               
leadership character is best analyzed through subordinate staff.                                                                
                                                                                                                                
CHAIR RAMRAS  relayed that members  of the air guard  group spoke                                                               
highly of Mr. Campbell.                                                                                                         
                                                                                                                                
LIEUTENANT COLONEL DUNN, in response  to a question, said that he                                                               
was offering factual  information, not allusion.   He referred to                                                               
the Inspector  General report, in  which military  personnel were                                                               
interviewed under oath.                                                                                                         
                                                                                                                                
LIEUTENANT COLONEL  DUNN relayed  that he  had no  personal issue                                                               
with Mr. Campbell, but was merely trying to do his duty.                                                                        
                                                                                                                                
11:54:50 AM                                                                                                                   
                                                                                                                                
MITCHELL  HRACHIAR opined  that military  and civil  training and                                                               
service  were very  different.   He noted  that no  testimony was                                                               
offered on Mr. Campbell's position  on social issues.  He assumed                                                               
that Mr.  Campbell would represent both  liberal and conservative                                                               
views.  He  asked that as Mr. Campbell would  not be retired from                                                               
the military for another 60 days,  was it legal for an individual                                                               
to  serve as  lieutenant  governor  while in  the  military.   He                                                               
expressed   concern  with   military   representation  in   civil                                                               
government.                                                                                                                     
                                                                                                                                
11:58:15 AM                                                                                                                   
                                                                                                                                
JERRY MCCUTCHEON  offered comments on  the gas line process.   He                                                               
said he is opposed to the  appointment of Mr. Campbell.  He cited                                                               
lack of  Alaska Air Guard  leadership for fire fighting  in rural                                                               
Alaska.  He  opined that Mr. Campbell was an  ideologue who would                                                               
obstruct and "prolong the government legislative conflict."                                                                     
                                                                                                                                
12:01:43 PM                                                                                                                   
                                                                                                                                
RHONDA  BOYLES   praised  the  integrity  of   Mr.  Campbell  and                                                               
encouraged his appointment.  She  discussed the importance that a                                                               
leader  is an  ethical team  player and  a compassionate  person.                                                               
She endorsed the confirmation of Mr. Campbell.                                                                                  
                                                                                                                                
12:04:19 PM                                                                                                                   
                                                                                                                                
CHAIR  RAMRAS, after  ascertaining  that no  one  else wished  to                                                               
testify, closed public testimony.                                                                                               
                                                                                                                                
REPRESENTATIVE   COGHILL  acknowledged   that   there  had   been                                                               
significant pressure to build the  Alaska Air National Guard from                                                               
a  state focus  to a  national combat  focus.   He commended  Mr.                                                               
Campbell's  leadership,  and he  predicted  the  same caliber  of                                                               
leadership as lieutenant governor.                                                                                              
                                                                                                                                
12:08:13 PM                                                                                                                   
                                                                                                                                
CHAIR RAMRAS  disclosed that  he has  a personal  friendship with                                                               
Mr. Campbell, and he had no  doubt of his ability to "execute the                                                               
tangible  duties of  the job."    He opined  that the  intangible                                                               
duties,  including the  art of  communication, would  become more                                                               
important.    He expressed  concern  with  the in-state  pipeline                                                               
position  of  Lieutenant  Governor  Parnell and  asked  that  Mr.                                                               
Campbell  make  known the  energy  needs  of  the Interior.    He                                                               
expressed his support of Mr. Campbell as lieutenant governor.                                                                   
                                                                                                                                
12:12:07 PM                                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 12:12 p.m.