02/24/2009 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB92 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 92 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
February 24, 2009
8:08 a.m.
MEMBERS PRESENT
Representative Bob Lynn, Chair
Representative Paul Seaton, Vice Chair
Representative Carl Gatto
Representative Craig Johnson
Representative Peggy Wilson
Representative Max Gruenberg
Representative Pete Petersen
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 92
"An Act relating to certain investments of the Alaska permanent
fund, the state's retirement systems, the State of Alaska
Supplemental Annuity Plan, and the deferred compensation program
for state employees in companies that do business in Sudan, and
restricting those investments; and providing for an effective
date."
- MOVED CSHB 92(STA) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 92
SHORT TITLE: DIVEST INVESTMENTS IN SUDAN
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/28/09 (H) READ THE FIRST TIME - REFERRALS
01/28/09 (H) STA, FIN
01/29/09 (H) STA AT 8:00 AM CAPITOL 106
01/29/09 (H) Heard & Held
01/29/09 (H) MINUTE(STA)
02/24/09 (H) STA AT 8:00 AM CAPITOL 106
WITNESS REGISTER
PATRICK GALVIN, Commissioner
Department of Revenue
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
92.
TAMARA COOK, Director
Legislative Legal and Research Services
Legislative Affairs Agency
Juneau, Alaska
POSITION STATEMENT: Answered questions regarding proposed
amendments during the hearing on HB 92.
DEBORAH BOCK, Member
Save Darfur
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 92 on behalf of
Save Darfur - Anchorage.
NANCY DAWSON
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 92.
AMY KEARNS
Save Darfur
Wasilla, Alaska
POSITION STATEMENT: Testified in support of HB 92.
LAUREN TIBITS
STAND Juneau
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 92 on behalf of
STAND Juneau.
RICKY TAGABEN
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 92.
ACTION NARRATIVE
8:08:46 AM
CHAIR BOB LYNN called the House State Affairs Standing Committee
meeting to order at 8:08 a.m. Representatives Seaton, Gatto,
Johnson, Wilson, Gruenberg, Petersen, and Lynn were present at
the call to order.
HB 92-DIVEST INVESTMENTS IN SUDAN
8:08:59 AM
CHAIR LYNN announced that the only order of business was HOUSE
BILL NO. 92, "An Act relating to certain investments of the
Alaska permanent fund, the state's retirement systems, the State
of Alaska Supplemental Annuity Plan, and the deferred
compensation program for state employees in companies that do
business in Sudan, and restricting those investments; and
providing for an effective date."
8:09:49 AM
REPRESENTATIVE WILSON moved to adopt the proposed committee
substitute (CS) for HB 92, Version 26-GH1049\R, Cook, 2/23/09,
as a work draft.
REPRESENTATIVE JOHNSON objected.
8:10:34 AM
REPRESENTATIVE PETERSEN noted that Version R would change the
divestment start date from December 31, 2009, to 90 days from
the day the bill passes. In response to Chair Lynn, he offered
his understanding that the administration said the change would
not be a problem.
8:11:54 AM
PATRICK GALVIN, Commissioner, Department of Revenue, noted that
the language to which Representative Petersen referred occurs on
page 2, beginning on line 14, of Version R. Furthermore, he
confirmed that the change would not create a hardship for the
department.
8:12:41 AM
REPRESENTATIVE GRUENBERG noted another change: In the original
bill, on page 5, line 26, the language read, "For actions taken
in compliance with AS 37.10.072 or inaction done in good faith."
Version R changes that language on page 5, line 28, to, "For
actions taken, or inaction done in good faith, in compliance
with AS 37.10.072." Representative Gruenberg explained that the
phrase "or inaction done in good faith" was moved before the
reference to statute, "so that this language could not be
interpreted as a blanket immunization for these boards and staff
and everyone else for any ... inaction done in good faith."
COMMISSIONER GALVIN, in response to Representative Gruenberg,
confirmed that the administration has no problem with that
amendment.
8:14:14 AM
REPRESENTATIVE JOHNSON spoke to his objection. He explained
that amendments were turned in to the chair's office a few hours
before his own amendments, and they were incorporated into
Version R, without a vote of the committee. He said he thinks
the amendments should have been addressed individually by the
committee. He stated, "It makes every amendment that I brought
in a few hours later incongruent with the bill, and at that
point a conceptual amendment."
8:16:08 AM
REPRESENTATIVE SEATON outlined two legislative procedures
surrounding the adoption of a committee substitute (CS). He
stated that he would not like to set the precedent that a CS
cannot be brought forward without all points having been debated
in committee, because he said that is not standard procedure.
8:17:48 AM
REPRESENTATIVE JOHNSON offered his understanding that typically
changes made to the bill outside of committee and brought to the
committee as a CS are brought as a sponsor substitute (SS).
8:18:34 AM
REPRESENTATIVE GRUENBERG said he thinks the amendments offered
by Representative Petersen and himself were pretty well known,
and he said he was not under the impression that they were
controversial. Regardless of their timing, he opined that
Representative Johnson's amendments are more controversial.
8:20:11 AM
REPRESENTATIVE JOHNSON reiterated his philosophy.
CHAIR LYNN offered his understanding that the administration was
contacted about the changes to the bill through Version R.
8:21:20 AM
REPRESENTATIVE WILSON said this is her ninth year in the
legislature and this is typical procedure.
REPRESENTATIVE SEATON concurred.
8:24:13 AM
A roll call vote was taken. Representatives Wilson, Gatto,
Gruenberg, Petersen, Seaton, and Lynn voted in favor of adopting
the committee substitute (CS) for HB 92, Version 26-GH1049\R,
Cook, 2/23/09, as a work draft. Representative Johnson voted
against it. Therefore, Version R was before the committee.
8:25:21 AM
REPRESENTATIVE JOHNSON expressed his full support of stopping
genocide in Darfur, but said he does not believe this
legislation does that. He said who owns stock is really not
relevant to the company and its operation. He warned that
investing for social reasons will trigger taxation by the
Internal Revenue Service (IRS).
8:28:11 AM
REPRESENTATIVE JOHNSON moved to adopt Conceptual Amendment 1,
labeled 26-GH1049\A.2, Cook, 2/23/09, which read as follows:
Page 1, line 4, following "investments;":
Insert "prohibiting the procurement of goods or
services by the state or a political subdivision of
the state from certain companies that do business in
Sudan;"
Page 2, following line 8:
Insert a new bill section to read:
"* Sec. 2. AS 36.95 is amended by adding a new
section to read:
Sec. 36.95.001. Procurements in companies that do
business in Sudan prohibited. Notwithstanding any
other provision, the state or a political subdivision
of the state may not procure goods or services of any
kind in any amount from a company on the list of
companies that conduct or have direct investments in
business operations in Sudan that is prepared and
updated under AS 37.10.072."
Renumber the following bill sections accordingly.
Page 6, line 18:
Delete all material and insert:
"REPEAL. Section 1 of this Act, AS 36.95.001, enacted
by sec. 2 of this Act, AS 37.10.072 and 37.10.073,
enacted by sec. 3 of this Act, AS 37.10.220(d),
enacted by sec. 4 of this Act, and AS 37.13.120(f),
enacted by sec. 5 of this"
REPRESENTATIVE JOHNSON explained that Conceptual Amendment 1
would prohibit the state and its political subdivisions from
doing business with businesses on the [divestment] list. He
concluded, "So, if we can't buy stock, we can't write them
checks out of our treasury."
8:30:12 AM
REPRESENTATIVE SEATON objected to the motion to adopt Conceptual
Amendment 1. He warned that the proposed amendment would have
many unintended consequences. He explained that, for example,
state and municipal agents would have to constantly refer to
purchases and figure out whether they would comply. Version R
has narrowly defined who would be affected, and the proposed
amendment would reverse that, he said.
8:32:00 AM
COMMISSIONER GALVIN said [House Bill 287], introduced last
session to divest from Darfur, would have had unintended
consequences, which is why the administration did not support
it. The governor's requested bill, HB 92, eliminates those
unintended consequences. Commissioner Galvin said it is
unlikely that the state would buy from companies that are going
to be on the list, because those companies are not likely to be
ones that would have services in the state's market. However,
the burden and the bureaucratic institution that would have to
be set up to implement the amendment would be significant, he
stated. He concluded, "So, ... weighing that, we see little
benefit in terms of actually moving forward with the primary
objective of the legislation while creating tremendous burden on
the various institutions ...."
CHAIR LYNN concurred.
8:34:00 AM
REPRESENTATIVE JOHNSON said he disagrees that the state would
not likely be doing business with those companies. He revealed
that he has a list of such companies. One of them is Wärtsilä
Oyj - a manufacturer of generators that is "powering Nome
today." Another is a company that provides the state its motors
for its supertankers. He offered other examples. He said when
the state writes a check to those companies, the money goes to
"their investment in Sudan, to their bottom line." He said if
the real goal is to save lives in Sudan, then it is necessary to
ensure that state money does not get to that country. The way
to do that, he reiterated, is by not doing business with those
companies on the list. Representative Johnson said checks are
being written from the state treasury, the money from which is
going directly to Sudan. In response to Chair Lynn, he said he
is not talking about companies three times removed, but "the
State of Alaska doing business with companies that are on this
list."
8:37:56 AM
REPRESENTATIVE GRUENBERG directed attention to Conceptual
Amendment 1, line 19, as numbered on the amendment, and asked
the committee to contrast that to the language in Version R,
page 6, line 21. He said the proposed amendment would repeal AS
37.10.073, which is on page 5 in Version R. The subject is
immunity. If that language is repealed, that would mean that
"after the date of repeal the immunity goes away." He said that
would have terrific legal repercussions, because the board of
the permanent fund, the corporation, and employees within the
Department of Revenue, "and everybody else," would no longer be
immunized for potential causes of action for following the
mandate of the proposed bill [if Amendment 1 were adopted]. He
stated that he would strongly oppose Conceptual Amendment 1 for
that reason.
8:40:32 AM
MR. BURNS agreed that immunity should not be eliminated.
8:41:07 AM
REPRESENTATIVE JOHNSON said Tam Cook drafted Conceptual
Amendment 1, and he related that he would like to hear from her
on this issue.
The committee took an at-ease from 8:41:31 AM to 8:42:30 AM.
8:42:33 AM
REPRESENTATIVE GRUENBERG requested that the committee table
Conceptual Amendment 1. There being no objection, Conceptual
Amendment 1 was tabled.
8:43:04 AM
REPRESENTATIVE JOHNSON moved to adopt Amendment 2, labeled 26-
GH1049\A.1, Cook, 2/2/09, which read as follows:
Page 1, line 3, following "Sudan":
Insert "or that own or operate medical facilities
anywhere in the world that provide partial-birth
abortions"
Page 5, following line 25:
Insert new material to read:
"Sec. 37.10.073. Medical facilities divestment.
(a) The commissioner or any fiduciary of a fund
subject to this title may not invest in and, if such
securities are owned, shall cause the fund to divest
ownership in the publicly traded securities of a
company that is placed by the commissioner on a list
of companies that own or operate medical facilities
anywhere in the world that provide partial-birth
abortions. On or before January 31 of each year, if
the fund has investments managed by an outside
investment manager, the fiduciary shall direct the
investment manager not to invest in and, if such
securities are owned, to divest ownership in the
publicly traded securities of a company that is placed
by the commissioner on the list prepared under (c) of
this section.
(b) If an investment in a fund under (a) of this
section is managed as a commingled investment or other
business structure in which the fund is not the sole
owner of the investment interest or the investment is
an index fund, the provisions of (a) of this section
do not apply. The commissioner shall require that, on
or before January 31 of each year, the fiduciary
submit letters to the managers of commingled
investments requesting the managers to consider
removing from the commingled investment any company on
the list prepared under (c) of this section.
(c) The commissioner shall prepare and update,
on or before December 31 of each year, a list of
companies that own or operate medical facilities
anywhere in the world that provide partial-birth
abortions.
(d) On or before January 31 of each year, the
commissioner shall advise the president of the senate
and the speaker of the house of representatives of the
companies on the list prepared under (c) of this
section.
(e) The commissioner may adopt regulations under
AS 44.62 (Administrative Procedure Act) to carry out
the purposes of this section.
(f) In this section,
(1) "commissioner" means the commissioner
of revenue;
(2) "partial-birth abortion" means a
procedure in which a person deliberately and
intentionally
(A) partially vaginally delivers a living
fetus for the purpose of performing an overt act that
the person knows will kill the fetus; and
(B) performs the overt act, other than
completion of delivery, that kills the fetus;
(3) "partially vaginally delivers" means
brings about the delivery of a fetus through the
mother's vagina that causes
(A) in the case of a head-first
presentation, the entire fetal head to be outside of
the mother's body; or
(B) in the case of breech presentation, any
part of the fetal trunk past the navel to be outside
of the mother's body."
Page 5, line 25:
Delete "Sec. 37.10.073"
Insert "Sec. 37.10.074"
Following "indemnification.":
Insert "(a)"
Page 6, following line 11:
Insert a new subsection to read:
"(b) For actions taken in compliance with
AS 37.10.073 or inaction done in good faith, the
commissioner of revenue, fiduciary, and the
commissioner of revenue's or fiduciary's agents,
attorneys, trustees, officers, employees, staff,
custodians, research firms and investment managers
under contract, and board members complying with
AS 37.10.220 or AS 37.13.120 are
(1) exempt from any conflicting state
statutory or common law obligations, including any
obligations with respect to choice of asset managers,
investment funds, or investments for the public fund's
securities portfolios;
(2) immune from liability under state or
local law;
(3) indemnified and held harmless by the
State of Alaska from claims, demands, suits, actions,
damages, judgments, costs, charges, and expenses,
including attorney fees and costs, and against all
liability, losses, and damages of any nature that the
commissioner, fiduciary, and the commissioner's or
fiduciary's agents, attorneys, trustees, officers,
employees, staff, custodians, research firms, and
investment managers under contract may at any time
sustain by reason of any decision to restrict, reduce,
or eliminate investments made in compliance with
AS 37.10.073; and
(4) immune from adverse licensing actions
under AS 08."
Page 6, line 12:
Delete "a new subsection"
Insert "new subsections"
Page 6, following line 13:
Insert a new subsection to read:
"(e) The board shall comply with AS 37.10.073."
Page 6, line 14:
Delete "a new subsection"
Insert "new subsections"
Page 6, following line 15:
Insert a new subsection to read:
"(g) The board shall comply with AS 37.10.073."
Page 6, lines 18 - 19:
Delete all material and insert:
"REPEAL. Section 1 of this Act, AS 37.10.072, and
37.10.074(a), enacted by sec. 2 of this Act,
37.10.220(d), enacted by sec. 3 of this Act; and
AS 37.13.120(f), enacted by sec. 4 of this Act, are
repealed on the earliest of the day after"
Page 7, line 8, following "describing":
Insert "sec. 1 of this Act, AS 37.10.072 and
37.10.074(a), enacted by sec. 2 of this Act,
AS 37.10.220(d), enacted by sec. 3 of this Act, and
AS 37.13.120(f), enacted by sec. 4 of"
REPRESENTATIVE SEATON objected to the motion to adopt Amendment
2.
REPRESENTATIVE JOHNSON said Amendment 2 would prevent the state
from investing in any hospitals that allow partial birth
abortion. He said the issue of divesting from Darfur is
resulting in litigation - several retirement groups are suing
their investment managers for divesting for social purposes -
but the issue has not elevated itself to the [U.S.] Supreme
Court. On the other hand, the issue of partial birth abortion
has been through that high court.
8:45:03 AM
CHAIR LYNN emphasized that he has always been "pro-life" and,
thus, against partial birth abortion. Furthermore, he said he
has consistently co-sponsored and voted on legitimate
legislation regarding partial birth abortion. He said the
proposal of Amendment 2 disappoints him, because it "pits one
good cause against another good cause to the detriment of both."
He explained that the proposed amendment illustrates a belief
that "if we divest to hinder one injustice, ... other injustices
need to be addressed at the same time." He stressed that the
situation in Darfur has been declared by Congress to be
genocide, and that declaration has been acknowledged by two
Presidents. Other injustices in the world have not been
declared genocide, whether or not they should have been. He
stated his belief that that is the foundation for the governor's
bill. Chair Lynn requested that Representative Johnson withdraw
Amendment 2, and redraft it into a bill prohibiting partial
birth abortion, which he said he would happily co-sign.
8:48:18 AM
REPRESENTATIVE JOHNSON responded that genocide and partial birth
abortion are similar tragedies, and he stated that he will not
withdraw Amendment 2. He said the bill does not do enough. He
said, "If we're going to jeopardize the permanent fund for
future generations, through taxation by the federal government,
I want to at least do it for something where there's an upside."
8:51:23 AM
REPRESENTATIVE WILSON directed attention to a publication
[included in the committee packet] from the Center for
Retirement Research at Boston College, entitled, "Should Public
Plans Engage in Social Investing?" The publication discusses
state actions that may conflict with federal foreign policy and
comments that social divestment can be complicated, costly, and
ineffective. However, the end of the publication states, "In
more than one instance, federal courts have ruled that state
legislation, regarding social investment, was unconstitutional
on grounds that it overlapped with federal regulations." She
stated that currently the bill is okay because of the federal
declaration of genocide; however, she said adding other issues
will create conflict with federal legislation and, thus, would
be unconstitutional.
8:53:27 AM
REPRESENTATIVE JOHNSON responded that both the U.S. Supreme
Court and the federal government have ruled that partial birth
abortion "is not something that should be done"; therefore, he
said [the adoption of Amendment 2] would not be "running afoul
of federal law."
8:53:58 AM
COMMISSIONER GALVIN said neither he nor Mr. Burns is aware of
any legal opinion regarding social investing or changes in
investment policy subjecting the permanent fund to risk of
taxation. In response to the chair, he stated, "We're not aware
of any risk to the permanent fund or to the taxed position of
the permanent fund that HB 92 would ... represent." In response
to a follow-up question, he said the divestiture proposed
through HB 92 would affect less than 1 percent of the permanent
fund's investment.
8:55:42 AM
COMMISSIONER GALVIN, in response to Representative Johnson, said
it is his understanding that some nonprofit organizations have
lost their standing after investing for political and social
purposes. He clarified, "But that is not the principal on which
the state funds are tax exempt."
REPRESENTATIVE JOHNSON said for years he has heard from several
members of the permanent fund investment board and the banking
community that the IRS is anticipating getting its hands on the
permanent fund. He asked if that information has just been
misleading.
COMMISSIONER GALVIN said he does not think Representative
Johnson has been mislead, because there are other issues
associated with the taxation of the permanent fund; however, he
reemphasized that he is not aware of "the connection to the
nonprofit tax exempt status."
8:58:00 AM
MR. BURNS noted that there is a legal opinion, a number of years
old, regarding the exemption from taxation of the permanent
fund. The issue of whether or not the permanent fund is taxable
has been raised, but this opinion says it is not taxable,
because it is part of the state.
8:59:09 AM
REPRESENTATIVE JOHNSON asked if Mr. Burns knows of any language
in that legal opinion which shows that the state could be taxed
if it starts investing for any other reason than for the good of
the state.
MR. BURNS deferred to others more qualified to answer that
question.
8:59:58 AM
CHAIR LYNN opined that it is within the purview of state how it
spends its money.
9:00:28 AM
REPRESENTATIVE GRUENBERG directed attention to language in
Amendment 2, on page 1, line 10, as numbered on the amendment,
which would require the commissioner to develop a list of all
the companies that deal with partial birth abortions around the
world. He said this is quite a bit different from the
requirement in the bill that would allow the state to rely on
federal lists. He asked Commissioner Galvin if that would
result in considerable expense to the department.
COMMISSIONER GALVIN surmised that the result would be a higher
cost than that expected for "the base bill"; however, without
further study, he said he really cannot answer the question.
REPRESENTATIVE GRUENBERG noted that language in Amendment 2, on
page 4, lines 6 and 11, as numbered on the amendment, references
AS 37.10.074(a). He said, "I find no such statute in the bill
or in the amendment or in current law." Finally, he pointed to
language in Amendment 2 on page 3, line 1, as numbered on the
amendment, and noted that it does not contain the immunization
amendatory language that the committee just incorporated through
Version R. The result, he said, would be a potential blanket
immunization and the undoing of Version R.
9:03:49 AM
COMMISSIONER GALVIN, in response to Representative Gatto, said
"instrument of the state" and "nonprofit" are two distinct and
separate terms.
MR. BURNS, in response to a remark by Representative Gatto, said
he cannot recall any link the state has had to being called
nonprofit.
9:05:39 AM
A roll call vote was taken. Representative Johnson voted in
favor of Amendment 2. Representatives Gatto, Gruenberg,
Petersen, Seaton, Wilson, and Lynn voted against it. Therefore,
Amendment 2 failed by a vote of 1-6.
9:06:20 AM
CHAIR LYNN brought Conceptual Amendment 1 back before the
committee.
REPRESENTATIVE GRUENBERG questioned whether the drafter of
Amendment 1 had mistakenly typed AS 37.10.073 instead of AS
36.95.001.
9:08:56 AM
COMMISSIONER GALVIN suggested that if [Amendment 2] had been
[adopted], it would have created a new [AS] 37.10.073;
therefore, he surmised that [Amendment 1] had been written as if
[Amendment 2] were to be approved.
9:09:32 AM
TAMARA COOK, Director, Legislative Legal and Research Services,
Legislative Affairs Agency, as the drafter of Amendments 1 and
2, said she does not believe that [Amendment 1] was drafted in
contemplation of another amendment being [approved].
REPRESENTATIVE GRUENBERG noted that in Amendment 1, there is no
repealer for AS 36.95.001; therefore the section regarding
procurements would never be repealed.
MS. COOK pointed out that the repealer is on line 18, as
numbered on the amendment.
REPRESENTATIVE GRUENBERG said there is no reference in Amendment
1 to Section 6 of the bill, which is in regard to the notice to
the legislature; therefore there would be no requirement to
notify the legislature of the effect of the procurement
amendment.
MS. COOK responded, "It's not an issue that is addressed at all
in this amendment."
REPRESENTATIVE GRUENBERG said he thinks that is a defect in the
amendment.
9:11:39 AM
REPRESENTATIVE JOHNSON reiterated his aforementioned points in
support of Amendment 1.
9:13:19 AM
A roll call vote was taken. Representative Johnson voted in
favor of Amendment 1. Representatives Gruenberg, Petersen,
Seaton, Wilson, Gatto, and Lynn voted against it. Therefore,
Amendment 1 failed by a vote of 1-6.
9:13:54 AM
CHAIR LYNN opened public testimony.
9:14:22 AM
DEBORAH BOCK, Member, Save Darfur, testified in support of HB
92. She reported that 27 states have already adopted similar
legislation, and Save Darfur wants Alaska to be the twenty-
eighth. She said the organization is delighted with HB 92 as a
bill that provides "straight-forward divestment procedures that
can be carried out at virtually no cost to the State of Alaska."
She relayed that the bill has been endorsed by the Alaska
Retirement Management (ARM) Board and the Alaska Permanent Fund
Corporation. Regarding the concern over lawsuits, she noted
that there has been one lawsuit filed in the State of Illinois,
and that suit was resolved by the Sudan Accountability and
Divestment Act (SADA), which provides encouragement to states to
divest through protection of fund managers. Ms. Bock expressed
appreciation to the committee for taking the time to study this
issue, and she urged its members to vote in favor of HB 92. In
response to a question from Representative Gruenberg, she said
she does not know how many other states are currently
considering similar legislation.
9:16:16 AM
NANCY DAWSON testified in support of HB 92. She talked about a
Cambodian who experienced genocide in his country and has said
that the only thing that keeps those in refugee camps going is
the thought that someone, somewhere will help them. She said
she is happy that the differences were resolved regarding the
bill introduced last year, and she emphasized her hope that HB
92 would pass out of committee expeditiously.
9:17:30 AM
AMY KEARNS, Save Darfur, testified in support of HB 92. She
said she is glad that previous conflicts were resolved and the
bill is being heard. She stated, "I add my name to the list
because I was concerned about some of the amendments that have
now been taken out of the bill." She said she would like to
reiterate what Ms. Bock said.
9:18:37 AM
LAUREN TIBITS, Representative, STAND Juneau, explained that she
is a high school junior who not only represents STAND Juneau - a
student anti-genocide coalition - but also represents STAND as a
whole, which she said is the student division of the Genocide
Intervention Network. She indicated her involvement with
[SADA], and said she is currently working on the Sudanese
Divestment Task Force for Alaska.
MS. TIBITS said she thinks HB 92 is an important piece of
legislation that will affect thousands of people. She said she
has conversed with countless refugees living in New York,
Washington, D.C., and across America, which she indicated was in
relation to a STAND conference, and those people all share in
common the desire to see genocide end. She stated her belief
that those responsible for genocide are not only its
perpetrators, but also any one who knows about it and does
nothing. She mentioned her belief in the interconnectivity of
all humans. Ms. Tibits expressed her support of HB 92, and
thanked all the legislators for their consideration of this
legislation.
REPRESENTATIVE GRUENBERG commented on Ms. Tibits' presentation
and her prospects for the future.
9:22:30 AM
RICKY TAGABEN told the committee that he graduated from Juneau-
Douglas High School in 2008. He shared that last year two of
the "Lost Boys" - survivors of genocide - came to JDHS, and he
was asked to welcome them in Tlingit. He said while speaking to
them, he was reminded of the origin of the Tlingit National
Anthem, one of the lines in which is: "So it may never be
forgotten, our voices will be heard on our grandfather's land."
He told the two visitors that although it may not be in this
lifetime, "Dinka voices will be heard on Dinka land."
MR. TAGABEN thanked the committee for its consideration of this
topic of legislation again this year, and urged its members to
vote in favor of HB 92. He related a story of former
legislator, Elizabeth Peratrovich, who presented an anti-
discrimination bill that did not pass after its first time being
heard and was asked upon her second try if the bill would end
discrimination. Mr. Tagaben related that Ms. Peratrovich's
response was to point out that there are already laws against
larceny and murder, yet those crimes still occur, but
introducing legislation is a way to express to the world how one
feels about discrimination. Mr. Tagaben concluded that he is
testifying because he wants to tell the world, along with his
fellow statesmen, "how we feel about this."
9:24:45 AM
CHAIR LYNN closed public testimony.
9:24:59 AM
REPRESENTATIVE GRUENBERG moved to report CSHB 92 out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 92(STA) was
reported out of the House State Affairs Standing Committee.
9:25:49 AM
CHAIR LYNN discussed the upcoming calendar.
9:26:13 AM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 9:26
a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 92 - Amendment 26-GH1049-A.1.pdf |
HSTA 2/24/2009 8:00:00 AM |
HB 92 |
| HB 92 - Amendment 26-GH1049-A.2.pdf |
HSTA 2/24/2009 8:00:00 AM |
HB 92 |
| sudan_company_rankings.pdf |
HSTA 2/24/2009 8:00:00 AM |
|
| HB 92 - Amendment 26-GH1049-A.3.pdf |
HSTA 2/24/2009 8:00:00 AM |
HB 92 |
| HB 92 - Amendment 26-GH1049-A.4.pdf |
HSTA 2/24/2009 8:00:00 AM |
HB 92 |
| Sudan implementation timeline.pdf |
HSTA 2/24/2009 8:00:00 AM |