02/04/2014 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HJR23 | |
| HB255 | |
| HJR18 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HJR 23 | TELECONFERENCED | |
| += | HB 255 | TELECONFERENCED | |
| *+ | HJR 18 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
February 4, 2014
8:08 a.m.
MEMBERS PRESENT
Representative Bob Lynn, Chair
Representative Wes Keller, Vice Chair
Representative Lynn Gattis
Representative Shelley Hughes
Representative Doug Isaacson
Representative Charisse Millett
Representative Jonathan Kreiss-Tomkins
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE JOINT RESOLUTION NO. 23
Proclaiming March 27, 2014, as Good Friday Earthquake
Remembrance Day.
- MOVED HJR 23 OUT OF COMMITTEE
HOUSE BILL NO. 255
"An Act relating to unmanned aircraft systems; and relating to
images captured by an unmanned aircraft system."
- MOVED CSHB 255(STA) OUT OF COMMITTEE
HOUSE JOINT RESOLUTION NO. 18
Proposing amendments to the Constitution of the State of Alaska
relating to the office of attorney general.
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HJR 23
SHORT TITLE: GOOD FRIDAY EARTHQUAKE REMEMBRANCE DAY
SPONSOR(s): REPRESENTATIVE(s) MILLETT
01/21/14 (H) READ THE FIRST TIME - REFERRALS
01/21/14 (H) STA
01/28/14 (H) STA AT 8:00 AM CAPITOL 106
01/28/14 (H) Moved CSHJR 23(STA) Out of Committee
01/28/14 (H) MINUTE(STA)
02/04/14 (H) STA AT 8:00 AM CAPITOL 106
BILL: HB 255
SHORT TITLE: UNMANNED AIRCRAFT SYSTEMS
SPONSOR(s): REPRESENTATIVE(s) HUGHES, HIGGINS, THOMPSON, PRUITT
01/21/14 (H) PREFILE RELEASED 1/17/14
01/21/14 (H) READ THE FIRST TIME - REFERRALS
01/21/14 (H) STA, JUD
01/28/14 (H) STA AT 8:00 AM CAPITOL 106
01/28/14 (H) Heard & Held
01/28/14 (H) MINUTE(STA)
02/04/14 (H) STA AT 8:00 AM CAPITOL 106
BILL: HJR 18
SHORT TITLE: CONST. AM: ELECTED ATTORNEY GENERAL
SPONSOR(s): REPRESENTATIVE(s) STOLTZE
01/21/14 (H) PREFILE RELEASED 1/10/14
01/21/14 (H) READ THE FIRST TIME - REFERRALS
01/21/14 (H) STA, JUD, FIN
02/04/14 (H) STA AT 8:00 AM CAPITOL 106
WITNESS REGISTER
GINGER BLAISDELL, Staff
Representative Shirley Hughes
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 255 on behalf of
Representative Hughes, sponsor.
MIKE COONS
Palmer, Alaska
POSITION STATEMENT: Testified in support of HB 255.
RO BAILEY
Alaska Center for Unmanned Aircraft Systems Integration;
Director
Federal Aviation Administration (FAA) Test Site
Fairbanks, Alaska
POSITION STATEMENT: Testified during the hearing on HB 255.
LUKE HOPKINS, Mayor
Fairbanks North Star Borough (FNSB)
Fairbanks, Alaska
POSITION STATEMENT: Testified during the hearing on HB 255.
STEVE COLLIGAN, Member
Legislative Task Force on Unmanned Aircraft Systems
Wasilla, Alaska
POSITION STATEMENT: Testified during the hearing on HB 255.
RODNEY DIAL, Lieutenant
Division of Alaska State Troopers
Department of Public Safety (DPS)
Ketchikan, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
255.
REPRESENTATIVE BILL STOLTZE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As sponsor, presented HJR 18.
ACTION NARRATIVE
8:08:01 AM
CHAIR BOB LYNN called the House State Affairs Standing Committee
meeting to order at 8:08 a.m. Representatives Keller, Isaacson,
Gattis, Millett, Hughes, Kreiss-Tomkins, and Lynn were present
at the call to order.
HJR 23-GOOD FRIDAY EARTHQUAKE REMEMBRANCE DAY
8:08:51 AM
CHAIR LYNN announced that the first order of business was HOUSE
JOINT RESOLUTION NO. 23, Proclaiming March 27, 2014, as Good
Friday Earthquake Remembrance Day.
8:09:12 AM
REPRESENTATIVE KELLER, at the request of the chair, explained
that at its previous committee meeting, the House State Affairs
Standing Committee had adopted Amendment 1 to HJR 23 to make
March 27 Good Friday Earthquake Remembrance Day [in perpetuity],
forgetting that such an action requires a bill rather than a
joint resolution; the committee then moved CSHJR 23 (STA) out of
committee. He said a motion to rescind the committee's previous
action was necessary.
8:10:03 AM
REPRESENTATIVE KELLER moved to rescind the committee's action in
moving CSHJR 23(STA) out of committee on 1/28/14. There being
no objection, the action was rescinded and HJR 23, as amended,
was before the committee.
8:10:24 AM
REPRESENTATIVE KELLER moved to rescind the committee's previous
action in adopting Conceptual Amendment 1 to HJR 23. There
being no objection, it was so ordered.
8:10:37 AM
REPRESENTATIVE KELLER moved to report HJR 23 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HJR 23 was reported out of the
House State Affairs Standing Committee.
HB 255-UNMANNED AIRCRAFT SYSTEMS
8:11:10 AM
CHAIR LYNN announced the next order of business was HOUSE BILL
NO. 255, "An Act relating to unmanned aircraft systems; and
relating to images captured by an unmanned aircraft system."
8:11:38 AM
REPRESENTATIVE KELLER moved to adopt the proposed committee
substitute (CS) for HB 255, Version 28-LS1068\C,
Gardner/Strasburg, 1/30/14, as a work draft. There being no
objection, Version C was before the committee.
8:12:04 AM
REPRESENTATIVE HUGHES, as sponsor, reviewed that at the previous
hearing on HB 255, there had been questions about International
Association of Chiefs of Police (IACP) guidelines and municipal
ordinance.
8:12:35 AM
GINGER BLAISDELL, Staff, Representative Shirley Hughes, Alaska
State Legislature, presented HB 255 on behalf of Representative
Hughes, sponsor. She stated that on page 2, line 24, of the
original bill version, there was language that required law
enforcement agencies to adopt the IACP guidelines for the use of
unmanned aircraft. That language was removed in Version C to
avoid conflict related to a law enforcement agency adopting the
guidelines and changing "the (indisc.) of the bill." She said
that is the only change in Version C.
8:13:36 AM
REPRESENTATIVE HUGHES pointed out that the major points in the
aforementioned guidelines are already incorporated in the
proposed legislation. The guidelines addressed the protection
of citizens' privacy.
8:14:26 AM
REPRESENTATIVE HUGHES, in response to the chair, offered a brief
recap of the purpose of HB 255. She said the proposed
legislation addresses the uses of unmanned aircraft,
particularly by law enforcement; it would allow the University
of Alaska to set up an unmanned aerial systems operation
training program; it is the result of the work of a task force,
which convened over the interim; it views the unmanned aircraft
as a tool, with a focus on harnessing that tool for good; and it
would require a search warrant for criminal investigation use,
with specific exceptions, such as when a judge might rule in a
case of foul play, for instance.
8:16:44 AM
MIKE COONS testified in support of HB 255. He said he attended
at least one of the task force meetings and observed the
attention of the task force to details of unmanned aircraft use.
He said there have been "knee-jerk" reactions regarding unmanned
aircraft use, for example, a man in the Lower 48 who claimed he
was arrested by a drone, news of which filled social media. It
turned out that [law enforcement] used the drone to see where
the man was, because he was apparently armed. Mr. Coons
explained the issue was that local law enforcement utilized the
predator drone of a federal agency, and there is a huge concern
about using federal assets. He said the Department of Public
Safety (DPS) in Alaska has assured him that would not happen.
8:19:17 AM
MR. COONS suggested one solution would be to figure out a way to
educate the public, either through media reports and interviews
or advertisements showing what the unmanned aircraft does and
does not do. He acknowledged that public outreach would cost
money, but said it would be effective in allaying the fears of
the public.
8:20:16 AM
REPRESENTATIVE KELLER asked Mr. Coons if he thinks the proposed
bill should be amended to prohibit armed unmanned aircraft.
8:20:50 AM
MR. COONS indicated that according to the task force, the size
of the [unmanned aircraft] would not be large enough to carry
weapons. He surmised that the only people that would entertain
[the use of weapons on unmanned aircraft] would be DPS, and that
entity would have to come to the legislature to get funding and
authorization for use of weapons on unmanned aircraft;
therefore, he stated that he does not think the language of the
bill needs to be amended.
8:21:56 AM
REPRESENTATIVE HUGHES stated that at present, the Federal
Aviation Administration (FAA) does not allow anything to be
dropped from unmanned aerial systems or allow unmanned aircraft
to be fitted with weapons; that is why language forbidding
weaponry on unmanned aircraft was not included in the proposed
legislation. She said the legislature would need to step in if
the FAA changes its rules. She stated that public education is
in "another piece of legislation," and the continuation of the
task force would not only serve to educate the public, but also
to address any changes made by the FAA.
8:23:22 AM
REPRESENTATIVE HUGHES, in response to the chair, indicated that
there is no language in Version C that would limit the size of
an unmanned aircraft.
8:23:39 AM
CHAIR LYNN recollected that he first heard about [the use of
unmanned aircraft] in the '60s.
8:24:08 AM
RO BAILEY, Alaska Center for Unmanned Aircraft Systems
Integration; Director, FAA Test Site, stated that the FAA has
established a special rule that restricts law enforcement's use
of unmanned aircraft to that which is no more than 25 pounds.
Law enforcement agencies would have to go through significant
steps to be approved for a larger system. At 25 pounds or less,
the ability to put any kind of weaponry on board would be
extremely problematic. She stated, "Our overriding goal is
safety and beneficial use to the state." She said HB 255 and
the companion bill in the Senate were factors in the FAA's
selection, because of the methodical approach to the challenge
of an unmanned aircraft.
8:25:58 AM
MS. BAILEY, in response to the chair, said a fixed wing unmanned
aircraft weighing up to 25 pounds could have a wing span of 10-
12 feet, but is not capable of carrying heavy weight. The power
source - electric or fuel - determines how long an unmanned
aircraft can fly.
8:28:02 AM
REPRESENTATIVE ISAACSON noted that Amazon.com, Inc., has
proposed being able to deliver packages [via unmanned aircraft].
He asked what the future holds in terms of the use of unmanned
aircraft.
8:28:57 AM
MS. BAILEY indicated that she cannot predict the future, but the
expectation is that any use of unmanned aircraft for deliveries
is likely to be restricted to remote areas. She said the
Marines are already using significantly larger unmanned aircraft
to deliver supplies to areas in Afghanistan where it is too
difficult to supply them by road. She said she could envision
the use of unmanned aircraft to deliver supplies to Alaskans
living in the Bush. She talked about the traffic on roads, in
terms of deliveries, and said she does not foresee that kind of
air traffic for deliveries used "any time soon."
8:30:48 AM
REPRESENTATIVE HUGHES stated that one of the reasons the task
force is working on this issue is because the target date for
commercial use of unmanned aerial systems is by the end of 2015.
She mentioned reading an article describing one state's use of
unmanned aerial systems to survey roads, and she said she can
see how being able to take high resolution photos over a large
area would be beneficial to Alaska.
8:32:10 AM
REPRESENTATIVE KELLER offered his understanding that Section 1
would give the University of Alaska the ability to establish a
training program. He noted that [Section 2] would require
unmanned aircraft systems pilots and crew members to be trained
and certified. He observed that there is no authorization in
the proposed legislation for the University of Alaska to set up
a certification process, which he surmised will be something
that develops. He ventured that the task force knows that
number of unmanned vehicle users is growing; he related that he
bought one that takes photographs. He expressed appreciation to
those paying attention to the economic opportunity for the
University of Alaska and the state, and he predicted there may
be a lot of competition over who will train and certify.
8:34:22 AM
LUKE HOPKINS, Mayor, Fairbanks North Star Borough (FNSB), noted
that he had testified during the prior hearing of HB 255, [on
1/28/14]. He stated that as the local municipality, FNSB is
partnering with UAF in the test center program, and is
"supporting this endeavor of expanding the University of
Alaska's opportunities to assist in this economic development
piece for the State of Alaska." He said [Section 2] of HB 255
deals with how law enforcement agencies would be required to
manage and operate the unmanned aerial systems to which they
have access. He offered his understanding that "through all the
testimony you've heard, it appears that this bill is appropriate
with the amendment in it."
8:36:11 AM
STEVE COLLIGAN, Member, Legislative Task Force on Unmanned
Aircraft Systems, indicated that the task force represents the
Academy of Model Aeronautics (AMA) - a self-regulating
organization, which has been around for 77 years in cooperation
with the Federal Communications Commission (FCC) and the FAA.
He said there have been many changes in technology over that
period of time. He stated support for the continuation of the
task force, which he indicated was put together to address
immediate concerns about public safety and privacy, while the
FAA has been focused on integrating this technology safely into
air space by setting operational parameters, which is where the
University of Alaska's involvement is. He said the Academy of
Model Aeronautics' focus is on the sport side of unmanned
aircraft systems. He indicated that the FAA is identifying
7,500 unmanned aircraft systems in the air space over the next
five years or so. He said there are 15,000 of the "DGI Phantom"
brand being sold per month for hobbyists' use, and so the AMA is
heavily involved, under FAA guidelines, to provide safety
training to "keep that end of the spectrum safe."
MR. COLLIGAN opined it is most important for the task force to
keep track of legislation and keep the legislature informed of
activities as the FAA "migrates through" its "roll-out" over the
next three to five years. He indicated that the task force's
members bring to it a wide variety of skills, but said there are
many activities already going on in the community. He said he
has been involved with the AMA providing education through stem
programs at the high school and middle school level. Mr.
Colligan said that as mentioned previously, the certification
and operations have not been defined. He said, "It'll be
interesting." He recommended following a practical approach by
continuing the task force and looking out for the safety and
privacy of Alaska residents, rather than having a knee-jerk
reaction to the media.
8:40:06 AM
MR. COLLIGAN, in response to the chair, said under AMA [rules],
operation of unmanned aircraft is restricted to 400 feet and
below; however, FAA airspace is 500 feet and above. He said
there is a technology called FPD, where a camera can be affixed
to an unmanned aircraft system that can be flown "out of line of
sight"; however, those systems are being monitored and
restricted. He said under FAA guidelines, special permission
and authorization is needed in a certificate of authorization
(COA) area. In response to a follow-up question, he confirmed
that the 400 feet are counted above ground level, not sea level.
8:41:30 AM
RODNEY DIAL, Lieutenant, Division of Alaska State Troopers,
Department of Public Safety (DPS), in response to the chair,
stated that [HB 255] would not hamper DPS in any way. He stated
that DPS has no concerns with HB 255, and it supports Version C.
He relayed that the department is currently in the planning
phase of an unmanned aircraft vehicle (UAV) program to evaluate
the potential benefits to the state and the department. He said
DPS is currently in the process of receiving - at no cost - a
small UAV from the National Institute of Justice. He said it is
a small, four-pound Aeryon Scout vehicle, which has no payload
capacity. He said the department will use that vehicle and work
with the FAA to develop a training program, at which point it
will work on getting a statewide certification to use in very
limited circumstances in compliance with HB 255. He said DPS
anticipates that it will be about one or two years before it can
use [unmanned aircraft systems] in an operational setting. In
response to the chair, he said the department does not currently
have one of these vehicles; however, he noted that he brought a
photograph [included in the committee packet] depicting the
aforementioned vehicle. He said it is about the size of a
basketball hoop in diameter, has a range of approximately three
kilometers, and would be used at line-of-sight only, at an
altitude of about 400 feet. He said it is equipped with a
camera system and "several fail-safes." The vehicle is worth
about $70,000, provided by the federal government.
CHAIR LYNN stated that he wants to ensure that nothing in the
proposed legislation would hamper law enforcement in any way.
LIEUTENANT DIAL reiterated that it would not.
8:44:07 AM
REPRESENTATIVE HUGHES asked Lieutenant Dial if there is a plan
to provide public education in the next couple years.
LT. DIAL answered yes. He pointed out that one element of the
proposed legislation would require that DPS maintain public
records, and he stated the intent of the department to list all
uses on its web site to maintain transparency with the public.
8:44:46 AM
CHAIR LYNN, after ascertaining that there was no one else who
wished to testify, closed public testimony.
8:44:53 AM
REPRESENTATIVE KELLER moved to report (CS) for HB 255, Version
28-LS1068\C, Gardner/Strasburg, 1/30/14, out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, CSHB 255(STA) was reported out of the
House State Affairs Standing Committee.
HJR 18-CONST. AM: ELECTED ATTORNEY GENERAL
8:45:22 AM
CHAIR LYNN announced that the final order of business was HOUSE
JOINT RESOLUTION NO. 18, Proposing amendments to the
Constitution of the State of Alaska relating to the office of
attorney general.
8:45:38 AM
REPRESENTATIVE BILL STOLTZE, Alaska State Legislature, as
sponsor, presented HJR 18. He said the proposed joint
resolution is for a constitutional amendment that would change
the selection of the attorney general from an appointed process
to "another political process directly to the people." He
acknowledged that constitutional amendments are not entered into
lightly. He said the legislature has initiated other
constitutional changes, covering subjects such as privacy and
exclusive rights of a fishery in 1972, victims' rights in 1994,
and change in the redistricting process in 1998, all of which
were approved by the voters. He suggested one of the most
important constitutional amendments was the one that established
the permanent fund dividend through an exemption in the
prohibition against dedicated funds in 1976. He opined that the
people who drafted the Constitution of the State of Alaska did a
good job, but did not make it perfect. He said he knows the
committee will deliberate the proposed joint resolution, and the
public will have an opportunity to weigh in on the subject.
8:48:58 AM
REPRESENTATIVE STOLTZE said appointing the attorney general has
been done since territorial times; currently it is the governor
who makes the appointment through a confirmation process. He
stated that Representatives and Senators in Alaska have
disagreed on one occasion and rejected the appointee. He said
the process of appointing an attorney general is political. He
stated, "There's no perfect, right answer whether election or
appointment is less political." He said he welcomes suggestions
and changes through the process in order to put the best
possible amendment before the voters. He relayed that Alaska is
one of seven states that still appoints its attorney general.
8:51:07 AM
REPRESENTATIVE ISAACSON suggested one possible negative outcome
of switching to an elected attorney general may be the conflict
that could arise if the governor and attorney general do not
share the same political party and are not supportive of the
same issues.
CHAIR LYNN stated that is precisely his concern.
REPRESENTATIVE STOLTZE responded that that is a valid concern,
but said he goes to a deeper fundamental principal, which is
that the attorney general should, first and foremost, be the
representative of the people of Alaska on all matters legal. He
said he thinks the governor would be better served by getting a
personal advisor.
CHAIR LYNN asked who would pay for the advisor.
REPRESENTATIVE STOLTZE indicated that the governor has enough
flexibility in staff to switch a position for a personal
advisor.
REPRESENTATIVE ISAACSON asked if it would be possible to have
the attorney general on the same ballot ticket as the governor
and lieutenant governor.
REPRESENTATIVE STOLTZE answered yes. He noted that the
lieutenant governor is listed as a department head and exempted
from confirmation process. He said, "If you look at the
language of our proposed amendment, it ... adds the attorney
general to that same language that references the lieutenant
governor, which was amended from secretary of state, also
another change in the constitution made by the legislature and
the people of Alaska, I believe in 1970, probably."
8:54:09 AM
REPRESENTATIVE KELLER asked if the sponsor had intended to imply
that the political process is bad. He remarked that sometimes
hammering out an issue sheds light on it.
REPRESENTATIVE STOLTZE explained that he was responding to a
question about politics. He said there are politics "in both
positions." He reiterated that the proposed joint resolution
could be molded by the committee to craft the best possible
document to present to the voters.
8:55:37 AM
CHAIR LYNN asked if he anticipates anyone calling to testify on
HJR 18.
REPRESENTATIVE STOLTZE replied that many Alaskans have contacted
him and expressed an interest in testifying.
CHAIR LYNN opined that the more opinions the committee hears,
the better the decision it can reach.
CHAIR LYNN announced that HJR 18 was held over.
8:58:03 AM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 8:58
a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 08 CS HB255 v.C.pdf |
HSTA 2/4/2014 8:00:00 AM |
HB 255 |
| HB 255 NEW UAA SUPPORT LETTER.pdf |
HSTA 2/4/2014 8:00:00 AM |
HB 255 |
| HB 255 NEW FBKS EDC SUPPORT LETTER.pdf |
HSTA 2/4/2014 8:00:00 AM |
HB 255 |
| 01 HJR018A.pdf |
HSTA 2/4/2014 8:00:00 AM |
HJR 18 |
| 02 HJR 18 Sponsor statement.pdf |
HSTA 2/4/2014 8:00:00 AM |
HJR 18 |
| 03 Fiscal Note OOG HJR18.pdf |
HSTA 2/4/2014 8:00:00 AM |
HJR 18 |
| 04 Fiscal Note HJR18-LEG-SESS-01-31-14.pdf |
HSTA 2/4/2014 8:00:00 AM |
HJR 18 |
| 01 AAPC-Joint-State-Affairs.pdf |
HSTA 2/4/2014 8:00:00 AM |
|
| 02 AAPCPreliminaryReportExecSummaryFinal.pdf |
HSTA 2/4/2014 8:00:00 AM |
|
| 03 AAPCpreliminaryReportV13final.pdf |
HSTA 2/4/2014 8:00:00 AM |