Legislature(2013 - 2014)
04/08/2014 09:04 AM House STA
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s)|| Public Defender | |
| Confirmation Hearing(s)|| Office of Administrative Hearings, Chief Administrative Law Judge | |
| SB175 | |
| SCR20 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
April 8, 2014
9:04 a.m.
MEMBERS PRESENT
Representative Bob Lynn, Chair
Representative Wes Keller, Vice Chair
Representative Lynn Gattis
Representative Shelley Hughes
Representative Doug Isaacson
Representative Jonathan Kreiss-Tomkins
MEMBERS ABSENT
Representative Charisse Millett
COMMITTEE CALENDAR
CONFIRMATION HEARING(S)
Public Defender
Quinlan Steiner - Anchorage
- CONFIRMATION(S) ADVANCED
Chief Administrative Law Judge
Kathleen A. Frederick - Palmer
- CONFIRMATION(S) ADVANCED
COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 175(STA)
"An Act designating the official state bolt-action rifle."
- MOVED CSSB 175(STA) OUT OF COMMITTEE
SENATE CONCURRENT RESOLUTION NO. 20
Proclaiming April 2014 as Sexual Assault Awareness Month.
- MOVED SCR 20 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 175
SHORT TITLE: OFFICIAL STATE BOLT-ACTION RIFLE
SPONSOR(s): SENATOR(s) HUGGINS
02/14/14 (S) READ THE FIRST TIME - REFERRALS
02/14/14 (S) STA
03/11/14 (S) STA AT 9:00 AM BUTROVICH 205
03/11/14 (S) Moved CSSB 175(STA) Out of Committee
03/11/14 (S) MINUTE(STA)
03/12/14 (S) STA RPT CS 3DP 1NR SAME TITLE
03/12/14 (S) DP: DYSON, COGHILL, GIESSEL
03/12/14 (S) NR: WIELECHOWSKI
03/28/14 (S) TRANSMITTED TO (H)
03/28/14 (S) VERSION: CSSB 175(STA)
03/31/14 (H) READ THE FIRST TIME - REFERRALS
03/31/14 (H) STA
04/08/14 (H) STA AT 8:00 AM CAPITOL 106
BILL: SCR 20
SHORT TITLE: SEXUAL ASSAULT AWARENESS MONTH
SPONSOR(s): FINANCE
03/14/14 (S) READ THE FIRST TIME - REFERRALS
03/14/14 (S) STA
03/27/14 (S) STA AT 9:00 AM BUTROVICH 205
03/27/14 (S) Moved SCR 20 Out of Committee
03/27/14 (S) MINUTE(STA)
03/28/14 (S) STA RPT 3DP
03/28/14 (S) DP: DYSON, WIELECHOWSKI, GIESSEL
03/28/14 (S) TRANSMITTED TO (H)
03/28/14 (S) VERSION: SCR 20
03/31/14 (H) READ THE FIRST TIME - REFERRALS
03/31/14 (H) STA
04/08/14 (H) STA AT 8:00 AM CAPITOL 106
WITNESS REGISTER
QUINLAN STEINER, Appointee
Public Defender
Central Office
Public Defender Agency
Department of Administration (DOA)
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to position of
Public Defender.
KATHLEEN A. FREDERICK, Appointee
Chief Administrative Law Judge
Anchorage Office
Office of Administrative Hearings (OAH)
Department of Administration (DOA)
POSITION STATEMENT: Testified as appointee to the position of
Chief Administrative Law Judge.
ERIC HOLLEN, Staff
Senator Charlie Huggins
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented CSSB 175(STA) on behalf of
Senator Huggins, prime sponsor.
EDRA MORLEDGE, Staff
Senator Kevin Meyer
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SCR 20 on behalf of the Senate
Finance Committee, sponsor, on which Senator Meyer is chair.
ACTION NARRATIVE
9:03:48 AM
CHAIR BOB LYNN called the House State Affairs Standing Committee
meeting to order at 9:04 a.m. Representatives Keller, Isaacson,
Gattis, Hughes, and Lynn were present at the call to order.
Representative Kreiss-Tomkins arrived as the meeting was in
progress.
^CONFIRMATION HEARING(S)
^Public Defender
CONFIRMATION HEARING(S)
Public Defender
9:04:04 AM
CHAIR LYNN announced that the first order of business was the
confirmation hearing for the position of Public Defender.
9:04:31 AM
QUINLAN STEINER, Appointee, Public Defender, Central Office,
Public Defender Agency, Department of Administration (DOA), said
he had served as public defender for eight years; the pending
appointment would be his third term. He said his entire legal
career has been spent working for the Public Defender Agency.
He stated that public service has been rewarding, particularly
in the area of indigent defense, working to ensure fairness in
the criminal justice system. He expressed enthusiasm for the
work he has done and his desire to continue it.
9:05:42 AM
REPRESENTATIVE KELLER moved to advance the confirmation of
Quinlan Steiner as public defender to the joint session for
consideration. [There being no objection, the confirmation was
advanced.]
^CONFIRMATION HEARING(S)
^Office of Administrative Hearings, Chief Administrative Law
Judge
CONFIRMATION HEARING(S)
Office of Administrative Hearings, Chief Administrative Law
Judge
9:06:16 AM
CHAIR LYNN announced that the next order of business was the
confirmation hearing for the position of Chief Administrative
Law Judge.
9:06:28 AM
KATHLEEN A. FREDERICK, Appointee, Chief Administrative Law
Judge, Anchorage Office, Office of Administrative Hearings
(OAH), Department of Administration (DOA), said if she was
confirmed, she would do her best to be an outstanding chief
administrative law judge. She said she has been an attorney for
30 years, and during that time has handled a wide range of civil
law matters. She related that she enjoys the challenge of
mastering new areas of law. She said she has litigated cases
before administrative agencies in state and federal courts for
over 20 years. She indicated that she has drafted legislation
on behalf of clients and the Alaska Public Offices Commission
(APOC). She stated that she has also trained and mentored
attorneys and support staff for more than two decades. She said
her three years serving on APOC made her familiar with the
Alaska Executive Branch Ethics Act, as well as the adjudicative
aspect of administrative proceedings.
MS. FREDERICK relayed her experience in managerial and
supervisorial positions. She further mentioned her involvement
as a contract mediator for the Alaska Court System. She said
raising two children as a single mother and managing a busy law
practice has helped her hone her time management skills. She
said she takes great pride in her work, which is an attribute
she said she would bring to the pending position. She stated
that she loves a challenge, and is attracted by the breadth and
volume of cases handled annually. She said she also is
attracted to the idea that she would have a role in finding ways
to make OAH as efficient and effective as possible. She noted
that she has worked as a public advocate, most recently for the
elderly.
9:10:06 AM
REPRESENTATIVE ISAACSON thanked Ms. Frederick for being willing
to serve.
9:10:50 AM
REPRESENTATIVE HUGHES said she is proud to know someone from
Palmer who would be willing to serve in this capacity.
9:11:07 AM
REPRESENTATIVE GATTIS characterized Ms. Frederick as "bright and
witty," and she thanked her for being willing to serve.
9:11:32 AM
REPRESENTATIVE KREISS-TOMKINS asked how Ms. Frederick would
respond if someone applied political pressure on her regarding
how she conducted cases.
MS. FREDERICK answered that she is an ethical person who
considers all facts and circumstances, and she has never bent to
political or corporate pressure.
REPRESENTATIVE KREISS-TOMKINS said it sounds like Ms. Frederick
has the background required for the position. He mentioned the
annual report published by OAH on January 31, 2014. He asked
Ms. Frederick if she had read the report and, if so, what her
reaction was to the recommendation section.
MS. FREDERICK replied that she had read the current report and
observed one of the recommendations had been for subpoena power
to amend statutes, which she said would be an issue to discuss
with the former chief administrative law judge, as well as the
current deputy and staff, to understand the reasoning behind the
recommendation. She said she is sure that there was careful
thought given to the recommendation. Regarding amendment of the
Administrative Procedure Act, she said statutes need to be
consistent with each other to prevent appeals resulting from
inconsistencies. She ventured that the subpoena power may have
been inadvertently omitted, because it was repealed when the
boards were eliminated, and having the subpoena power would be
necessary to the functioning of the agency; however, she said
she would confirm that with those with whom she would be
working. She said the final recommendation was to remove
permanent fund dividend (PFD) execution appeals from the
Administrative Procedure Act with a different hearing process.
She reiterated that she would talk to those who had made the
recommendation to ensure that "that's a sound way of
proceeding."
9:15:37 AM
REPRESENTATIVE KELLER offered his understanding that Ms.
Frederick is his constituent. He observed that the report
reflects that "about half to three-quarters of the time is spent
either on Medicaid public assistance or child support." He
asked how much interaction "you" have with the Office of
Ombudsman.
MS. FREDERICK asked Representative Keller if he is asking how
much OAH has versus what she has had in the past.
REPRESENTATIVE KELLER confirmed that was right.
MS. FREDERICK responded that she currently does not know "how
much interaction it is"; however, she said she observed that
"that's about 25 percent of the caseload of the office." She
indicated that her goal would be to increase efficiency in the
three most frequently heard areas.
9:17:01 AM
REPRESENTATIVE KELLER moved to advance the confirmation of
Kathleen A. Frederick as chief administrative law judge to the
joint session for consideration. [There being no objection, the
confirmation was advanced.]
9:17:26 AM
The committee took an at-ease from 9:17 a.m. to 9:19 a.m.
SB 175-OFFICIAL STATE BOLT-ACTION RIFLE
9:19:30 AM
CHAIR LYNN announced that the next order of business was CS FOR
SENATE BILL NO. 175(STA), "An Act designating the official state
bolt-action rifle."
9:19:46 AM
ERIC HOLLEN, Staff, Senator Charlie Huggins, presented CSSB
175(STA) on behalf of Senator Huggins, prime sponsor. He stated
that under the proposed legislation, the Winchester pre-1964
model 70 would become the official state bolt-action rifle. He
indicated that the proposed bill was inspired by a constituent
of Senator Huggins, Jack O'Connor, a writer for Outdoor Life
Magazine, who called the gun "the rifleman's rifle."
MR. HOLLEN said CSSB 175(STA) would support the Second Amendment
to the Constitution of the United States, which "Alaska holds
dear." He related that the Winchester pre-1964 model 70 is
chambered in 18 calibers, from .22 Hornet to .448 Winchester
Magnum. He said there are two versions of the gun: .338
Winchester Magnum and .375 H&H Magnum, which he indicated are
both designated "The Alaskan." He said the varied calibers of
the Winchester pre-1964 model 70 make it popular with Alaska
outdoors people.
9:21:03 AM
MR. HOLLEN, in response to Chair Lynn, offered his understanding
that the Winchester pre-1964 Model 70 first appeared in 1934,
but was not manufactured for public sale until 1936.
9:21:37 AM
CHAIR LYNN asked if there may be any problem with designating
one manufacturer's rifle over another.
MR. HOLLEN said he does not think so. He added that the aspects
of the Winchester pre-1964 Model 70 made it "very accurate off
the shelf," and he opined that the firearm would represent
Alaska well.
CHAIR LYNN clarified his concern was about whether there may be
potential problems in designating one commercial product over
another.
MR. HOLLEN answered not to his knowledge.
9:23:28 AM
REPRESENTATIVE KELLER moved to report CSSB 175(STA) out of
committee with individual recommendations and the accompanying
zero fiscal note. There being no objection, CSSB 175(STA) was
reported out of the House State Affairs Standing Committee.
SCR 20-SEXUAL ASSAULT AWARENESS MONTH
9:23:44 AM
CHAIR LYNN announced that the final order of business was SENATE
CONCURRENT RESOLUTION NO. 20, Proclaiming April 2014 as Sexual
Assault Awareness Month.
9:24:16 AM
EDRA MORLEDGE, Staff, Senator Kevin Meyer, Alaska State
Legislature, presented SCR 20 on behalf of the Senate Finance
Committee, sponsor, on which Senator Meyer is chair. She said
the proposed concurrent resolution would proclaim April 2014 as
Sexual Assault Awareness Month. She stated that this is an
annual, national campaign to raise awareness about sexual
assault and educate communities and individuals on how to
prevent sexual violence nationwide. She said sexual violence is
a serious public health problem, which affects millions of women
and men. She relayed that the Center for Disease Control (CDC)
reports that in the U.S., one in five women and one in seventy-
one men has been a victim of violent sexual assault or will be
in his/her lifetime. Further, nearly one in two women and one
in five men has experienced other forms of sexual violence at
some point. She said in Alaska, those rates are 2.5 times the
national average. She said statistics do not accurately reflect
the problem, because many victims do not tell the police or
report their experience to family or friends.
MS. MORLEDGE stated that sexual violence impacts health in many
ways; it can lead to long-term physical and mental health
problems. Increasing awareness about the crime of sexual
assault and recognizing the enormity of the problem may initiate
the healing process for victims and prevent further incidents
from occurring. She said the proposed legislation would be "a
small but significant step in educating the public and our
communities and lifting the veil of secrecy that so often hides
these horrific crimes."
9:26:06 AM
CHAIR LYNN asked why the bill proposed just April 2014, instead
of April in perpetuity.
MS. MORLEDGE indicated that bringing the discussion back before
the legislature each year would give the issue more publicity,
which may increase public awareness.
CHAIR LYNN asked if there was anyone else who wished to testify.
9:26:58 AM
REPRESENTATIVE KELLER moved to report SCR 20 out of committee
with individual recommendations and the accompanying zero fiscal
note. [There being no objection, SCR 20 was reported out of
House State Affairs Standing Committee.]
9:27:40 AM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 9:23
a.m.
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