03/21/2017 03:00 PM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB94 | |
| SB46 | |
| HB163 | |
| HB1 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 94 | TELECONFERENCED | |
| += | SB 46 | TELECONFERENCED | |
| *+ | HB 163 | TELECONFERENCED | |
| += | HB 1 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
March 21, 2017
3:08 p.m.
MEMBERS PRESENT
Representative Jonathan Kreiss-Tomkins, Chair
Representative Gabrielle LeDoux, Vice Chair
Representative Chris Tuck
Representative Adam Wool
Representative Chris Birch
Representative DeLena Johnson
Representative Gary Knopp
MEMBERS ABSENT
Representative Andy Josephson (alternate)
Representative Chuck Kopp (alternate)
COMMITTEE CALENDAR
HOUSE BILL NO. 94
"An Act establishing October 25 of each year as African American
Soldiers' Contribution to Building the Alaska Highway Day."
- HEARD & HELD
SENATE BILL NO. 46
"An Act establishing October 25 of each year as African American
Soldiers' Contribution to Building the Alaska Highway Day."
- MOVED SB 46 OUT OF COMMITTEE
HOUSE BILL NO. 163
"An Act authorizing the Department of Public Safety to enter
into agreements with nonprofit regional corporations and
federal, tribal, and local government agencies to provide law
enforcement services; authorizing the Department of Public
Safety to collect fees for certain law enforcement services; and
providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 1
"An Act relating to absentee voting, voting, and voter
registration; relating to early voting locations at which
persons may vote absentee ballots; and providing for an
effective date."
- MOVED CSHB 1(STA) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 94
SHORT TITLE: AF AMER SOLDIERS CONT TO BUILD AK HWY DAY
SPONSOR(s): REPRESENTATIVE(s) TARR
02/01/17 (H) READ THE FIRST TIME - REFERRALS
02/01/17 (H) STA
03/14/17 (H) STA AT 3:00 PM GRUENBERG 120
03/14/17 (H) <Bill Hearing Canceled>
03/21/17 (H) STA AT 3:00 PM GRUENBERG 120
BILL: SB 46
SHORT TITLE: OCT 25: AFR-AMER SOLDIERS AK HWY DAY
SPONSOR(s): SENATOR(s) WILSON
02/01/17 (S) READ THE FIRST TIME - REFERRALS
02/01/17 (S) TRA, STA
02/14/17 (S) TRA AT 1:30 PM BUTROVICH 205
02/14/17 (S) Heard & Held
02/14/17 (S) MINUTE(TRA)
02/16/17 (S) TRA AT 1:30 PM BUTROVICH 205
02/16/17 (S) Moved SB 46 Out of Committee
02/16/17 (S) MINUTE(TRA)
02/17/17 (S) TRA RPT 4DP
02/17/17 (S) DP: STEDMAN, BISHOP, WILSON, EGAN
02/28/17 (S) STA AT 3:30 PM BUTROVICH 205
02/28/17 (S) Moved SB 46 Out of Committee
02/28/17 (S) MINUTE(STA)
03/01/17 (S) STA RPT 3DP 1NR
03/01/17 (S) NR: DUNLEAVY
03/01/17 (S) DP: EGAN, GIESSEL, WILSON
03/06/17 (S) TRANSMITTED TO (H)
03/06/17 (S) VERSION: SB 46
03/08/17 (H) READ THE FIRST TIME - REFERRALS
03/08/17 (H) STA
03/14/17 (H) STA AT 3:00 PM GRUENBERG 120
03/14/17 (H) <Bill Hearing Canceled>
03/21/17 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 163
SHORT TITLE: DPS LAW ENFORCE. SVCS: AGREEMENTS/FEES
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
03/08/17 (H) READ THE FIRST TIME - REFERRALS
03/08/17 (H) STA, FIN
03/16/17 (H) STA AT 3:00 PM GRUENBERG 120
03/16/17 (H) <Bill Hearing Canceled>
03/21/17 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 1
SHORT TITLE: ELECTION REGISTRATION AND VOTING
SPONSOR(s): TUCK
01/18/17 (H) PREFILE RELEASED 1/9/17
01/18/17 (H) READ THE FIRST TIME - REFERRALS
01/18/17 (H) STA, JUD
02/23/17 (H) STA AT 3:00 PM GRUENBERG 120
02/23/17 (H) Heard & Held
02/23/17 (H) MINUTE(STA)
02/28/17 (H) STA AT 3:00 PM GRUENBERG 120
02/28/17 (H) Heard & Held
02/28/17 (H) MINUTE(STA)
03/07/17 (H) STA AT 3:00 PM GRUENBERG 120
03/07/17 (H) Heard & Held
03/07/17 (H) MINUTE(STA)
03/09/17 (H) STA AT 3:00 PM GRUENBERG 120
03/09/17 (H) Heard & Held
03/09/17 (H) MINUTE(STA)
03/14/17 (H) STA AT 5:30 PM GRUENBERG 120
03/14/17 (H) -- MEETING CANCELED --
03/16/17 (H) STA AT 3:00 PM GRUENBERG 120
03/16/17 (H) Heard & Held
03/16/17 (H) MINUTE(STA)
03/21/17 (H) STA AT 3:00 PM GRUENBERG 120
WITNESS REGISTER
REPRESENTATIVE GERAN TARR
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 94, as prime sponsor.
GARY ZEPP, Staff
Senator David Wilson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 46 on behalf of Senator
Wilson, prime sponsor.
VERDIE BOWEN, Director
Office of Veterans Affairs (OVA)
Department of Military & Veterans' Affairs (DMVA)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 46.
MARK FISH
Big Lake, Alaska
POSITION STATEMENT: Testified in opposition to SB 46.
CLAUDIA ROLLINS
Richmond, Virginia
POSITION STATEMENT: Testified in support of SB 46.
REGINALD BEVERLY
Ruther Glen, Virginia
POSITION STATEMENT: Testified in support of SB 46.
LEONARD LARKIN
New Orleans, Louisiana
POSITION STATEMENT: Testified in support of SB 46.
BERT LARKIN
New Orleans, Louisiana
POSITION STATEMENT: Testified in support of SB 46.
JEAN POLLARD, Chair
Alaska Highway Project
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 46.
ELLIOT ROSS
Fort Greely, Alaska
POSITION STATEMENT: Testified in support of SB 46.
CEYLON MITCHELL
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 46.
LIONEL MAYBIN
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 46.
SHALA DOBSON
Alaska Highway Memorial Project
Wasilla, Alaska
POSITION STATEMENT: Testified in support of SB 46.
COLONEL JAMES COCKRELL, Director
Alaska State Troopers (AST)
Department of Public Safety (DPS)
Juneau, Alaska
POSITION STATEMENT: Presented HB 163 on behalf of the House
Rules Standing Committee, sponsor, by request of the governor.
LAURI WILSON, Elections Supervisor
Division of Elections (DOE)
Office of the Lieutenant Governor
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
1.
ACTION NARRATIVE
3:08:06 PM
CHAIR JONATHAN KREISS-TOMKINS called the House State Affairs
Standing Committee meeting to order at 3:08 p.m.
Representatives Tuck, Birch, Johnson, Knopp, and Kreiss-Tomkins
were present at the call to order. Representatives LeDoux and
Wool arrived as the meeting was in progress.
HB 94-AF AMER SOLDIERS CONT TO BUILD AK HWY DAY
3:09:01 PM
CHAIR KREISS-TOMKINS announced that the first order of business
would be HOUSE BILL NO. 94, "An Act establishing October 25 of
each year as African American Soldiers' Contribution to Building
the Alaska Highway Day."
3:09:32 PM
REPRESENTATIVE GERAN TARR, Alaska State Legislature, presented
HB 94, as prime sponsor. She stressed the importance of
remembering important points in Alaska history. She asserted
that the proposed legislation would recognize the contribution
of the African American soldiers who helped build the Alaska
Highway, and it would celebrate their service under difficult
conditions. She reminded the committee that the U.S. Army was
still segregated at this point in time, and there was great
disparity between the two groups of soldiers regarding the
supplies they received. She added that the [African American]
soldiers contributed to connecting Alaska to the Lower 48, which
was an important and vital link for national security.
REPRESENTATIVE TARR stated that she began working on this effort
as staff person with the Anchorage Park Foundation in 2012,
which was prior to her being elected to the legislature. She
relayed that at that time, community volunteers worked to bring
to this "hidden history" the attention that it deserved. She
related that the first effort involved dedicating memorial
benches in Cuddy Park [in Anchorage] to the African American
soldiers. She said that to do something more substantial before
the "living" history is gone, many other activities are in
progress including: a documentary; a school district curriculum
for Black History Month; and a commemorative event to celebrate
the 75th anniversary of the completion of the Alaska Highway on
October 25th of this year. She concluded that the proposed
legislation would memorialize that day and honor the
contribution and commitment of these soldiers.
3:13:05 PM
CHAIR KREISS-TOMKINS announced that HB 94 would be held over.
SB 46-OCT 25: AFR-AMER SOLDIERS AK HWY DAY
3:13:11 PM
CHAIR KREISS-TOMKINS announced that the next order of business
would be SENATE BILL NO. 46, "An Act establishing October 25 of
each year as African American Soldiers' Contribution to Building
the Alaska Highway Day."
3:13:45 PM
GARY ZEPP, Staff, Senator David Wilson, Alaska State
Legislature, presented SB 46 on behalf of Senator Wilson, prime
sponsor, with the use of a PowerPoint presentation. He began by
saying that there is no disrespect intended in the use of the
terms "blacks" or "African Americans" in discussing SB 46, as
the terms are interchangeable.
MR. ZEPP paraphrased from his written testimony, which read as
follows [original punctuation provided]:
Good afternoon Mr. Chairman and members of the
th
committee. Thank you for hearing SB 46 October 25
- "African American Soldiers' Contribution to Building
the Alaska Highway Day"
Also Mr. Chairman and members of the committee, I'd
like to encourage all Alaskans and visitors to attend
th
this summer's Alaska Highway 75 Anniversary
celebration events taking place throughout the state.
th
The 75 anniversary celebrations are a tribute to all
of the troops and civilians for their contributions to
building the Alaska Highway. All of the troops are
all deserving of recognition! This legislation is not
meant to ignore nor disrespect any of the troops or
civilians who worked on the Alaska Highway.
There are so many amazing stories related to Alaska's
history yet to be discovered and shared, this is just
one of them. We believe the African American Soldiers
deserve to have their story told!
th
• Did you know that the all African American 97
Engineer Regiment was responsible for building
the original Alaska Highway from the Alaska-Yukon
border all the way to Delta? It's true! Not
many people know that fact.
th
• African American Soldiers from the 97Engineer
Regiment worked on the entire portion of the
rdth
Alaska Highway. The 93 and 95 Engineer
Regiments worked on various parts of the Alaska
Highway within the Canadian border.
• It's about the historical context, during the Jim
Crow area (which meant states and local laws
enforced racial segregation up until 1965), the
racist environment they endured and the
segregation imposed upon them, they were poorly
supplied and equipped because of their race, the
US Army's own assessment at that time was that
the African American troops' were substandard
when compared to whites, and the many examples of
the lack of press or mainstream media coverage of
the African American troops' contributions to
building the Alaska Highway until now.
• The African American Soldiers were asked to risk
their lives for their country, yet the country
didn't value them as equals to other races, at
that time.
Army regulations at the time mandated that African
Americans [sic] soldiers had to live in segregated
camps, and eat separately from the whites. African
American troops were not only segregated from white
troops, they weren't allowed near any Alaskan or
Canadian settlements and very few residents in
Fairbanks or Delta Junction ever realized they were
there. They were under orders not to talk or visit
with white citizens as they entered Alaska.
3:16:56 PM
MR. ZEPP began a PowerPoint presentation. He referred to Slide
th
1, titled "Senate Bill 46 - 'October 25 - African American
Soldiers' Contribution to Building the Alaska Highway Day'". He
said three African American regiments were sent to Alaska and
rd
Canada to work on the highway: the 93 Engineer Regiment, the
thth th
95 Engineer Regiment, and the 97Engineer Regiment. The 97
Engineer Regiment worked exclusively on the Alaska section.
MR. ZEPP directed attention to Slide 2, titled "Why October
thth
25?" He relayed that on October 25, the 97 Engineer Regiment
th
heading south met the white troops from the 18 Engineer
Regiment heading north and completed the road's last link. He
said that The New York Times reported what happened when the two
regiments met head-on in the spruce forests of the Yukon
Territory. The article read as follows [original punctuation
provided in the PowerPoint slide]:
Corporal Refines Sims Jr., an African American from
Philadelphia, who was driving south with a bulldozer
when he saw trees starting to topple over on him,
slamming his big vehicle into reverse, he backed out
just as another bulldozer, driven by Private Alfred
Jalufka of Kennedy, Texas, broke through the
underbrush.
MR. ZEPP stated that an Engineering News-Record magazine
photographer, Harold Richardson, captured the image of the
African American soldier and the white soldier standing on their
respective bulldozers. He relayed that this meeting occurred 20
miles east of the Alaska-Yukon border at Beaver Creek. He
quoted an article in the Engineering News-Record describing the
meeting as "two races working together to build a lifeline to
Alaska's defenders amidst spectacularly rugged terrain and
horrendous weather conditions."
MR. ZEPP referred to Slide 3 and related that the Alaska Highway
is considered one of the biggest and most difficult construction
projects ever completed by the U.S. Corps of Engineers. It
stretches 1,422 miles from Dawson Creek, British Columbia, to
Delta Junction, Alaska, at a cost of $138 million dollars, which
would be $2.1 billion today.
MR. ZEPP said to add perspective, on March 30, 1867, Secretary
of State William Seward reached agreement with Russia to
purchase Alaska for $7.2 million, which would be $112.2 million
in 2017.
3:19:10 PM
[MR. ZEPP turned to Slide 4 of the PowerPoint, titled "Alaska
Highway - 'The Road to Civil Rights,'" and played a National
Park Service video on the building of the Alaskan Highway.]
3:23:41 PM
MR. ZEPP expressed his appreciation to the National Park
Service, U.S. Department of Interior, for the video.
MR. ZEPP referred to Slide 5 and relayed that the African
American Army regiments that built the Alaska Highway
established a reputation for excellence, especially in the field
of bridge building; however, their accomplishments were ignored
by the press and mainstream media. He said it took decades for
these soldiers to receive proper recognition for their
achievements. He added that some say they were as legendary as
the Tuskegee Airmen and the Buffalo Soldiers.
MR. ZEPP mentioned that the Sikanni Chief River Bridge building
project, shown in the video, was amazing because the African
American soldiers worked with hand tools - saws and axes - to
drive pilings into the riverbed, to fell spruce trees, and to
sawmill the trees into planks, boards, and pilings. He added
that the project was finished in record time.
3:24:38 PM
MR.ZEPP turned to Slide 6, titled "Why the recognition of the
African American Soldiers?" and said, "It's about the historical
context." He stated that race relations in America were very
different in 1942. Opportunities for African Americans were
rare, and expectations were low. He said that racial
segregation existed in housing, medical care, education,
employment, and transportation, and social segregation existed
regarding restaurants, drinking fountains, and bathrooms.
MR. ZEPP related that the documentary, titled Alaska at War,
describes Alaska's role in World War II, including the opening
of oil fields, the Japanese bombing of Dutch Harbor, the
struggle to recapture the Aleutians Islands, and the
construction of the highway. He mentioned that Eugene Long, who
was enlisted in the 95th Engineer Regiment deployed to Alaska to
assist in building the Alaska Highway, said, "Not one African
American soldier was shown in the movie."
MR. ZEPP relayed that the bestselling book on the building of
the Alaska Highway, titled The Trail of 1942, has three photos,
taken at a distance, of African American Soldiers out of 178
photos, or 1.6 percent, even though the African American
soldiers represented one-third of the troops.
3:25:42 PM
MR. ZEPP referred to Slide 7, also titled "Why the
recognition of the African American Soldiers?" and relayed
the timeline for the safeguards of civil rights as follows:
In 1865, the 13th Amendment to the U.S. Constitution
abolished slavery and involuntary servitude. In 1868,
the 14th Amendment to the U.S. Constitution granted
U.S. citizenship to former slaves. In 1870, the 15th
Amendment to the U.S. Constitution provided African
American [men] the right to vote. In 1875, the Civil
Rights Act of 1875 was passed, which forbid racial
segregation in accommodations.
However in 1896, the U.S. Supreme Court sustained the
constitutionality of Louisiana's requirement that
railroad companies provide "separate but equal"
accommodations for white and black passengers. Over
the next 25-35 years, equality in racial relations
progress was lost, particularly in the South. By
1910, segregation was firmly established across the
South and most of the border region.
In 1954, legal segregation in schools was banned in
the U.S. after a series of rulings in the U.S. Supreme
Court. And in 1964, all legally enforced public
segregation was abolished by the Civil Rights Act.
The U.S. War Department's tradition and policy
mandated the segregation of African American troops
into separate units led by white officers. During the
construction of the Alaska Highway, African American
troops were ordered not to leave camp and not mingle
with the locals, while the whites were allowed to
mingle. They were treated unequally, and yet defied
expectations in many situations with even fewer
resources.
3:27:19 PM
MR. ZEPP reiterated, "It's about the historical context." He
referred to Slide 8, again titled "Why the recognition of the
African American Soldiers?" He said that little press or
mainstream media has been given to the African American soldiers
for these efforts. He relayed examples of the lack of press
coverage of the African American troops as follows:
The National Archives contains only a few dozen photos
among the hundreds taken of the Alaska Highway
construction. African Americans were edited out of a
1991 National Geographic feature on the highway,
despite the fact that the magazine obtained interviews
of seven men who served building the Alaska Highway.
A souvenir booklet, the Alaska Highway, Armed Service
Forces published in 1944 includes 100 photos but only
one of an African American soldier. The official 759-
page U.S. Army history of [the] Corp covers African
American troop involvement with a one sentence
footnote.
MR. ZEPP maintained that the African American soldiers not only
helped build the Alaska Highway, but their performance and
efforts helped change the course of discrimination in America.
He referred to Slide 9, also titled "Why the recognition of the
African American Soldiers?" He said that the African American
soldiers' contributions during World War II influenced American
leaders, and this point in history was considered a turning
point in race relations in America. He relayed that by 1948,
President Harry Truman signed into law a desegregation plan for
the armed services.
MR. ZEPP mentioned that after seeing Ms. Lael Morgan's exhibit
in Fairbanks in 1992, Colin Powell, Chairmen of the Joint Chiefs
of Staff, stated, "I had no idea black men had done anything
like this. They are deserving of recognition." Mr. Zepp added
that Douglas Brinley, a Rice University historian, stated, "The
Alaska Highway was not only the greatest feat of World War II,
it was a triumph over racism." Mr. Zepp quoted General James
O'Connor speaking at the Alaska Highway dedication, "Someday the
accomplishments of the African American troops, achievements
accomplished far from home, will occupy a major place in the
lore of the North country." Mr. Zepp added, "And this happened
in Alaska."
3:29:16 PM
[MR. ZEPP played from slide 9 of the PowerPoint a video of Mr.
Reginald Beverly briefly describing his experience as a soldier
in the 95th Engineer Regiment working on the Alaska Highway.]
3:30:23 PM
MR. ZEPP relayed that the U.S. Army's official assessment at
this time in history was that African American soldiers were
substandard in performance and literacy; they were usually
delegated to labor projects and not sent to the battle front.
He related a few examples of how African American soldiers were
treated, as follows:
General Clarence Sturdevant, who was apologetic to
General Simon Bolivar Buckner, Jr., who was the head
of the US Army in Alaska at that time when he stated,
"I have heard that you object to having colored troops
in Alaska, and we have attempted to avoid sending
them; however, we have been forced to use colored
regiments and it seems unwise for diplomatic reasons
to use them in Canada, since the Canadians also prefer
whites." To placate Gen. Buckner Jr, it was agreed
that black troops would not be allowed near any
Alaskan or Canadian settlements.
There was also a concern about African Americans
settling after the war, and they would interbreed with
Indians and Eskimos and produce an astonishingly
objectionable race of mongrels.
A military study from the Army War College stated,
"The Negro is careless, shiftless, irresponsible,
secretive, he is best handled with praise and by
ridicule. He is unmoved and untruthful, and his sense
of right-doing is relatively inferior."
A field inspection noted during 63 degree below zero
weather indicated that the Big Delta's black regiment
was found to be living in wretched conditions and
poorly supplied. But things started to change after
the original construction of the Alaska Highway. It
is believed that the achievements and the performance
of the African American troops and white troops
working together were considered a turning point in
America's race relations. And this happened in
Alaska.
MR. ZEPP asked for the committee's support for SB 46.
3:32:30 PM
REPRESENTATIVE BIRCH expressed his appreciation for the
presentation and said he was happy to support the proposed
legislation.
3:33:15 PM
CHAIR KREISS-TOMKINS opened public testimony on SB 46.
3:33:34 PM
VERDIE BOWEN, Director, Office of Veterans Affairs (OVA),
Department of Military & Veterans' Affairs (DMVA), testified in
support of SB 46. He said that the first time he learned of the
African American soldiers who built the [Alaska] Highway was as
a young man in Cape Pole, Alaska. He relayed that his
construction boss was one of the soldiers who had constructed
the highway. Mr. Bowen mentioned that he assumed this was part
of Alaskan history education. He said that later in life, he
read an article in which General Colin Powell said he did not
realize that any African American soldiers worked on the highway
to Alaska. Mr. Bowen offered that he was surprised that General
Powell was not aware of this, since one-third of the soldiers
constructing the highway were African Americans.
MR. BOWEN went on to say that in considering the accomplishments
of the African American soldiers, he thought about the
conditions that they lived under. He said that during the time
they built the road, they were not allowed to leave, not allowed
into the communities, and not allowed time to relax. He
asserted that they had great adversities to overcome. They did
not have mechanized equipment. He said that what they
accomplished with what they had proved to those in authority
that not only were they equal to the soldiers who had all the
equipment, they were much better. He said that he can't imagine
building a bridge over a river with just hand tools and not
having the ability to plane planks or use a pile driver to put
holding beams into the water.
MR. BOWEN concluded that naming October 25th after those
soldiers, who went through that adversity, would ensure that
youth would be aware of this history. He offered that this
event was a huge factor in the execution of the Executive Order
[Executive Order 9981: Desegregation of the Armed Forces] of
1948.
3:37:22 PM
MARK FISH testified in opposition to SB 46. He relayed that his
grandfather, James D. Fish, worked on the construction of the
Alaska Highway. He said that the story of the Alaska Highway is
how a divided and segregated nation, in a time of great stress
and danger, worked together under extreme conditions to
accomplish a great thing in a short period of time. He stated
that in the proposed legislation, the contributions of other
workers including his grandfather are being ignored because of
the color of their skin. He asserted, "We cannot make up for
past injustice by creating a future injustice." He emphasized
that segregation was not right then, and it is not right to
segregate workers now by way of the proposed legislation. He
maintained that all workers' contributions should be
commemorated. He quoted from the PBS website on the Alaska
Highway construction, which read, "Regardless of race issues,
the War Department's plan required enormous efforts from
everyone who worked on the highway. The grueling schedule and
extreme conditions were a tremendous challenge."
MR. FISH said that from his grandfather's stories, the equipment
was not new but was second and third rate, and some was from the
'20s. He said that everyone who worked on the highway shared in
the conditions; the mosquitos didn't know the color of the
person whose blood they were sucking. He relayed that there was
very little sanitation. He added there was not much time off
for anyone to go into town after a 16-hour shift, as they were
in the middle of the Yukon wilderness. He maintained that all
veterans who worked on the highway have a lot for which to be
proud. He said, "Instead of celebrating segregation and
division, we should celebrate a day without division and call it
the Alaska Highway Day." He maintained that doing so would
focus on all who participated and not prevent anyone from
observing their own people's contributions. He asked that the
proposed legislation be amended to read "Alaska Highway Day" and
that corresponding changes be made to the bill language.
3:40:51 PM
CLAUDIA ROLLINS paraphrased from her written testimony, which
read as follows [original punctuation provided]:
My name is Claudia Beverly Rollins and I am the
daughter of Mr. Reginald Beverly who lives in Ruther
Glen, Virginia. My dad is one of over 4,000 black
soldiers who built the Alaska Highway in 1942. He is
now 102 years old. Throughout my lifetime, he has
shared many of his experiences with my sisters and me.
When he went to build the Alaska Highway, he was a
rarity because he was a black recruit with a
university degree. He said, "I was drafted December 5,
1941, two days before Pearl Harbor. I was a high
school math teacher. Once drafted, I only had time to
report to school the next morning, call the class roll
and bid my students and administration goodbye. From
there, I traveled two miles to Bowling Green, Virginia
to catch the bus to go to Fort Meade, Maryland. I was
twenty-six years old."
My Dad, Mr. Beverly had received a Bachelor of Science
Degree from Virginia State University, one of the
first fully state-supported four-year institutions of
higher learning for blacks in America. He was assigned
to the 95th Regiment.
3:42:57 PM
While serving in Alaska as a regimental surveyor
building the Alcan Highway, Mr. Beverly had to endure
the treacherous weather while living in substandard
conditions such as living in tents with ice
approximately one inch thick on the inside while white
soldiers lived in actual buildings.
During this time, while instructing other soldiers
using his surveying skills and sophisticated
instruments, Mr. Beverly had no stripes while white
soldiers that he was instructing wore strips [sic].
When a Colonel Thompson saw Sargent Beverly and
observed that he [sic] no stripes, he said, "Give that
man some stripes!" Mr. Beverly said stripes were
delivered to him on the very next morning!
I do approve Senate Bill 46. I support this Bill to
recognize the contributions of African American
Soldiers who worked extremely hard on the Alcan
Highway and completed this task in record time! I also
support making October 25th of each year the official
"Alaska African American History Soldier Contribution
Day." This day is befitting since this was the day
that a Black Soldier and white soldier shook hands
upon completion of such a tremendous project!
Thank you Gary Zepp and Legislators for giving me this
opportunity to communicate with you in support of
Senate Bill 46.
3:45:02 PM
REGINALD BEVERLY expressed his appreciation for the proposed
legislation honoring the African American soldiers who worked on
the Alcan Highway.
3:46:08 PM
LEONARD LARKIN testified that he entered military service on
April 12, 1941, and enlisted for one year. He relayed that
after [the bombing of] Pearl Harbor, he had to stay in the
service. He said he was sent to serve in the 93rd Engineer
Regiment in Alaska to work on the ALCAN Highway, which lasted
about one year. He related that the soldiers did not have
enough tools - picks, shovels, and bulldozers; much of the work
had to be done by hand. He said the weather was cold and
"sloppy," and there were mosquitos. He added that the men had a
difficult time working. He stated that they were mostly black
men, and the few officers in charge of them were white men.
3:48:03 PM
BERT LARKIN testified that Leonard Larkin is his father. He
said he heard many stories over the years from his father about
his experiences on the Alcan Highway. He relayed that he always
tried to research what his father told him, but he never found
anything written about it. He said, "That's what makes this all
so important; that the story be told about these soldiers who
overcame adversity, racism, and hard work." He reiterated that
he and his father both support establishing a day of recognition
and the passage of SB 46.
3:49:29 PM
JEAN POLLARD, Chair, Alaska Highway Project, testified that the
intent of the Alaska Highway Project is not to change history
but to acknowledge history. She maintained that there were no
white soldiers building the highway; there were white officers
supervising the black soldiers; and there were civilians, not
military, who came to Alaska to pave the highway. She related
that as an educator, she will be teaching a class with two other
teachers, which will be put into the Alaska Studies curriculum
so that this history will not be forgotten. The class will be a
required course and shared in other Alaskan communities. She
maintained that many people have not heard this story; she has
talked with many educators who have not heard this story; she
herself has a minor in history from the University of Alaska
Anchorage (UAA) and had not heard it. She asserted that it is
important to ensure that the next generation will hear it. She
said she supports SB 46 and mentioned that there will be
celebration events all over the state.
REPRESENTATIVE LEDOUX thanked Ms. Pollard for her tireless
advocacy for SB 46.
3:53:54 PM
ELLIOT ROSS testified that he has recently been appointed as
Fort Greely's chair in the efforts to celebrate the 75th
anniversary of the completion of the Alaska-Canadian Highway as
well as the Lend-Lease Policy ["An Act to promote the Defense of
the United States"] for Allen Army Airfield. He stated that the
proposed legislation and related events are a tremendous
opportunity for Alaska to recognize significant accomplishments
of African Americans in connecting Alaska with the Lower 48 and
Canada. He relayed that he, as a young African American living
in Delta Junction, had no idea of this history, and as
chairperson, has learned so much more of the contribution [of
the African American soldiers]. He said he is a strong
supporter of SB 46 and believes that everyone, no matter their
demographic, will benefit from the education that will come
because of the proposed legislation.
3:56:31 PM
CEYLON MITCHELL paraphrased from his written testimony, which
read as follows [original punctuation provided]:
Hello Mr. Zepp, my name is Ceylon Mitchell. I am a
retired veteran of the United States Air Force and
with my family we have lived in Anchorage since
September 1992. I am calling in as a proud Alaskan
because my Father was one of the 4,000 Patriot [sic]
Black Soldiers that helped build the Alaska Highway.
My Father was Tec 5 James A. Mitchell. He was from
Suffolk, Virginia and arrived and worked on the
Canadian sector of the Highway in 1942. He was
assigned to the 93rd General Services Reg. which
worked from the Canadian sector going North to the
Regiments that connected the Alaska Sector. After the
93rd completed their work on the Highway they were
assigned to the Aleutian Islands to help remove the
Japanese that had taken over part of the islands.
I am proud of SB 46 because it is one way that the
Soldiers may be honored for their work that they
performed in the War affords [sic]. There is very
little written in the history books about their work
in Alaska because the military was segregated, they
were not allowed in the villages and they were not
wanted here, but their labor was needed. Because of
their work they are [a part of] America (sic) History,
Black History and Alaska History. The building of the
Highway was not only a major contribution to the war
affords [sic], but also a major factor in the defense
of Alaska and its future. This is a new day and there
is enough positive history of Alaska to share. Just
think if it were not for the Highway we all maybe
speaking Japanese at this time. Have a good day and
God Bless your work.
3:59:21 PM
LIONEL MAYBIN testified that he is retired from the U.S. Air
Force after having served 24 years. He stated that he is an
educator and a community leader helping children be successful.
He stressed the importance of public awareness of the major
contribution of the African American in helping to build the
Alaska Highway. He maintained that this knowledge contributes
to the pride and respect of being American and being part of
building America. He said that as an educator, if you don't
give African Americans respect for what their ancestors have
done - being a major contributor to building this country - you
lessen their self-worth. He maintained that when he teaches, he
gives credit where it is due through the truth being told.
MR. MAYBIN referred to the three African American women
portrayed in the movie, Hidden Figures, and the significant role
they played in sending a man [into space], a contribution which
was largely unknown. He asserted that the more we share these
truths and the more we give credit, the more people feel self-
worth and the better we become as a society. He said that he
believes that his ancestors deserve respect for what they have
contributed, just as he deserves respect for having served in
the military for 24 years. He stated that he supports SB 46 and
believes October 25 will be a great day of celebration for
Alaskans and Americans.
4:03:01 PM
SHALA DOBSON, Alaska Highway Memorial Project, testified that he
wholeheartedly supported SB 46, which would celebrate always
Alaska Highway Day on October 25. He stated that the proposed
legislation would give honored recognition both to the Black
Army Engineers who built the Alaska section of the Alaska
Highway and to the meeting of the black troops with the white
troops at Contact Creek on October 25. He said that as a member
of the Alaska Highway Project, he believed that SB 46 would help
bring this important story of our Alaska history to the
forefront. He maintained that the complete story of the
building of the Alaska Highway needs to be publicized.
4:04:02 PM
CHAIR KREISS-TOMKINS closed public testimony on SB 46.
REPRESENTATIVE BIRCH referred to the recognition of the
contributions of the African American community to Alaska,
submitted by U.S. Senator Dan Sullivan and included in the
committee packet.
REPRESENTATIVE JOHNSON stated that she supports SB 46 and
believes that it is a great story of Alaska that deserves to be
told.
REPRESENTATIVE LEDOUX concurred with Representative Johnson's
remarks and thanked all who have worked on the proposed
legislation.
REPRESENTATIVE TUCK expressed his support for highlighting and
recognizing the "heroes left behind" in history so that their
contributions will never be forgotten.
4:06:51 PM
REPRESENTATIVE LEDOUX moved to report SB 46 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection SB 46 was reported from House
State Affairs Standing Committee.
HB 163-DPS LAW ENFORCE. SVCS: AGREEMENTS/FEES
4:08:06 PM
CHAIR KREISS-TOMKINS announced that the next order of business
would be HOUSE BILL NO. 163, "An Act authorizing the Department
of Public Safety to enter into agreements with nonprofit
regional corporations and federal, tribal, and local government
agencies to provide law enforcement services; authorizing the
Department of Public Safety to collect fees for certain law
enforcement services; and providing for an effective date."
4:09:04 PM
COLONEL JAMES COCKRELL, Director, Alaska State Troopers (AST),
Department of Public Safety (DPS), presented HB 163 on behalf of
the House Rules Standing Committee, sponsor, by request of the
governor. He stated that through the years, AST has been
impacted by the boom and bust of the economy and has looked for
ways to provide professional services to underserved areas. He
said that recently the communities of Nikiski and Big Lake asked
if they could "contract out" with AST. He mentioned that AST's
"battle" with the Municipality of Anchorage is what prompted AST
to take "ownership" of areas inside the Municipality of
Anchorage and Girdwood. He relayed that DPS offered a potential
contract to the community of Girdwood. He asserted that since
payments under such a contract would be made to the State of
Alaska and not AST, such an arrangement would not help AST's
budget or accomplish what was needed - keeping troopers "on the
road" or providing services to Girdwood. Girdwood chose another
option, which was contracting with the Whittier Police
Department.
COLONEL COCKRELL provided a summary and a sectional analysis of
HB 163, which read as follows [original punctuation provided]:
Summary: This bill allows the Department of Public
Safety to enter into agreements with nonprofit
regional corporations and government agencies to
provide law enforcement services and to collect
reasonable fees for the law enforcement services
provides. It provides the Department receipt authority
for the funds collected and limits applicability to
entities that do not have a police force of public
safety coverage as of the effective date of the Act.
Section 1: Amends 37.05.146 (c) by adding a new
subsection: (90) fees collected by the Department of
Public Safety for law enforcement services under AS
44.41.020 (g)
Section 2: Amends AS 44.41.020 by adding a new
subsection (g); this additional subsection gives the
Department the authority to enter into agreements with
nonprofit regional corporations, or federal, tribal,
or local governments and to collect reasonable fees to
cover the costs of providing services;
Section 3: Amends the uncodified law by adding a new
section that limits the applicability of AS 44.41.020
(g) to nonprofit regional corporations or federal,
tribal, and local government agencies that do not have
an organized police force or contracted public safety
coverage as of the effective date of the Act.
Section 4: Provides for an effective day of July 1,
2017.
4:13:06 PM
REPRESENTATIVE LEDOUX asked why the proposed legislation is
limited to areas without an organized police force or contracted
public safety agreements as of the effective date of the Act.
She suggested that after the effective date of the Act, a
community might be in the same situation as was Girdwood. She
mentioned as an example the unincorporated area of Chiniak near
Kodiak.
COLONEL COCKRELL responded that in the situation of Kodiak and
Chiniak, the proposed legislation would allow DPS to contract
with a government entity or the Kodiak Island Borough to provide
police services to Chiniak to augment the services that DPS is
currently providing to Kodiak.
REPRESENTATIVE LEDOUX relayed that Girdwood is part of the
Municipality of Anchorage. She said that if a community was in
a situation exactly like the Girdwood situation, and the
situation occurred after the effective date of the act, then
there would be an organized police force for that community.
She asked why the proposed legislation is not written such that
the Department of Public Safety (DPS) could enter into an
agreement with such a community.
COLONEL COCKRELL replied that Girdwood has contracted with the
Whittier Police Department instead of the Anchorage Police
Department. He stated that the fear is that those cities with
bigger police departments, such as Bethel or Kotzebue, would
decide to no longer have police departments, and the State of
Alaska then would be responsible [for public safety]. He said
DPS does not want to take on that responsibility or to be in
competition with established local police departments. He said
the people of Girdwood have chosen the Whittier Police
Department and he does not know if DPS could contract with
Girdwood under the proposed legislation.
REPRESENTATIVE LEDOUX referred to the North Slope Borough (NSB),
which includes the City of Barrow and the outlying areas. She
said that if the NSB Police Department does not wish to provide
services to the outlying areas, then she does not see anything
wrong with Barrow paying for AST to provide services.
4:17:02 PM
COLONEL COCKRELL responded that the intent of HB 163 is to allow
areas with limited police protection to pay for AST to augment
the coverage it already provides to the area. He gave the
example of Soldotna and Nikiski: AST has a substantial post in
Soldotna, but there are still not enough troopers to cover the
area. Nikiski wanted to contract [with DPS] for troopers to
augment what is being provided by the post in Soldotna. He
suggested that in the Yukon-Kuskokwim Delta, several villages
might wish to contract for extra trooper coverage to augment
what the Bethel troopers are providing to the area. He
reiterated that AST does not want to compete with the boroughs
or municipalities for providing police services.
REPRESENTATIVE LEDOUX mentioned that in the Hillside area of
Anchorage, the coverage is relatively sparse. She offered that
if Hillside, through a non-profit corporation, decided that it
wanted to contract for more trooper service, why not allow that
option?
COLONEL COCKRELL answered that he thought that DPS would be
flexible in adopting that type of approach as long as it had the
flexibility to say "no." He stated that DPS's fear is that it
would be forced to enter into a contractual arrangement with an
area. He asserted that the intent of the proposed legislation
is to help the smaller communities that have very limited law
enforcement resources. He added that he believes the more
flexibility DPS has, the better off it is. He said that this is
an experiment - something which hasn't been done in Alaska. He
offered that the Royal Canadian Mounted Police ("Mounties")
provide police for Whitehorse and several of the territories.
REPRESENTATIVE LEDOUX offered that the proposed legislation
would not give DPS the flexibility it wants, because it
precludes contracts with any entity in which there is an
organized police force.
COLONEL COCKRELL replied that DPS would be open to looking at
changing the language in the proposed legislation to address
Representative LeDoux's concern.
4:20:50 PM
REPRESENTATIVE BIRCH asked what the mission was of DPS
geographically and objectively with respect to the services it
delivers.
COLONEL COCKRELL responded that AST has enforcement powers
throughout the state including municipalities. It has posts
from Prince of Wales Island to the most northern post of
Kotzebue. He said that DPS has statewide authority over all
"search and rescues" in the state, which average over 500 per
year. It provides special investigative services to the
Anchorage Police Department (APD) and all the smaller
departments. It is the only statewide drug enforcement agency
in the state. He added that the wildlife troopers enforce all
the fish and game laws in the state. He offered that its scope
and mission are endless considering its responsibilities.
REPRESENTATIVE BIRCH gave as an example the Fairbanks North Star
Borough (FNSB), which includes about 100,000 people in the
borough, 30,000 in Fairbanks, and a few thousand in North Pole.
He asked if DPS provides law enforcement outside the corporate
city limits of North Pole and Fairbanks but within the borough.
COLONEL COCKRELL replied, "Correct." He added that AST provides
services for more residents than do the Fairbanks and North Pole
police departments. He mentioned that the Matanuska-Susitna
("Mat-Su") Valley has two police departments, but AST serves
over 85,000 residents of the Mat-Su Valley with 34 patrol
troopers. He said that in the Kenai Peninsula, there are city
police departments in Homer, Kenai, Soldotna, and Seward, but
these departments have minimal "footprints" on the entire Kenai
Peninsula. He asserted that AST covers much more territory and
residents than the city [police departments] combined.
REPRESENTATIVE BIRCH stated that Girdwood is outside of the
construct of the APD, "so it basically is no different than the
greater FNSB." He said his expectation is that AST would
provide services to those areas in the greater Municipality of
Anchorage that are outside the police service area.
COLONEL COCKRELL responded that it has been the state's position
that all the areas within the Municipality of Anchorage are
under the APD, not AST.
4:24:50 PM
REPRESENTATIVE BIRCH asked if AST still has officers stationed
in Fort Yukon or Holy Cross.
COLONEL COCKRELL answered no. He said that officers have not
been stationed in Holy Cross for the last 20 years and in Fort
Yukon, not since 1987.
REPRESENTATIVE BIRCH stated that the committee learned that
there are 76 funded Village Public Safety Officer (VPSO)
positions and 52 filled. He said that they also learned that
the money not spent on the unfilled positions does not go back
to the state, but is kept by the contractors. He asked if AST
has an opportunity to compete for those contracted positions.
COLONEL COCKRELL said that AST depends greatly on the VPSOs
across the state. He mentioned that they struggle with the same
challenges as does AST - recruitment and retention. He added
that their turnover rate is about thirty-three percent annually.
He stated that they live in very difficult areas of the state
regarding lack of infrastructure, housing, offices, and
plumbing. He added that sometimes they must perform court
arraignments over the telephone, because there is a prisoner in
the other holding cell. He asserted that VPSOs are the "eyes
and ears" of AST when the troopers go to the villages. He said
that the VPSOs certainly suffer when there are that many
vacancies, especially in the Yukon-Kuskokwim Delta, where there
are 11 vacancies out 15 or 18 positions. He said that the
proposed legislation is not designed to create competition with
the VPSO program. He added that the hope is that AST would
augment the VPSO program. Studies show that communities are
safer with either a VPSO in the village or both a VPSO and a
state trooper in the village. He cited Emmonak, Hooper Bay, and
Togiak as communities with both VPSOs and troopers. He added
that the villages in Western Alaska are struggling with crime
and sexual assaults. He said that his focus has been to provide
more troopers to Western Alaska, but in accomplishing that,
troopers were taken out of the urban areas.
4:28:35 PM
REPRESENTATIVE KNOPP mentioned that Title 29 [of the Alaska
Statutes] controls the powers granted to the boroughs. He
stated that as a second-class borough, Nikiski did not create a
law enforcement service area or adopt police powers. He asked
if Nikiski would have had to vote to create a law enforcement
service area for DPS to contract with the city.
REPRESENTATIVE KNOPP offered that a non-profit [organization]
has no authority outside of what it owns, so he didn't see how
it could contract for law enforcement services without the
people voting for "that power." He asked if the residents of a
rural community with a non-profit regional corporation would
have to vote on the service area before contracting out for
police services and if that would be an issue with the governing
body of the community.
COLONEL COCKRELL, in answer to the first question, replied that
his understanding is that in the '90s, Nikiski voted to tax
themselves for police services and then voted again in 2013. He
added that Nikiski was in close contact with DPS during that
time. He said that the answer to Representative Knopp's
question was yes, Nikiski would have to vote to tax themselves
and the Kenai Peninsula Borough (KPB) would pay the troopers
[through a contract with DPS] to provide services to augment the
services out of Soldotna. He said that his greatest fear
regarding HB 163 is a scenario in which Nikiski asked for five
state troopers under a contract costing possibly $1 million and
the next administration or legislature would cut the AST budget
by $1 million or by five positions. He asserted that the intent
of the proposed legislation is for AST to improve services, not
break even or even earn money.
COLONEL COCKRELL, in answer to the second question, said that
the non-profit regional corporations own swaths of land in rural
Alaska and, except for Northwest Arctic Borough (NAB), they
manage the VPSO programs. He said they could apply for grants
to hire troopers to provide services to the villages.
4:32:17 PM
REPRESENTATIVE KNOPP commented that the VPSO program has been a
large source of controversy in the budget process this year. He
said that in compensating the regional corporations for the
VPSOs, two concerns have come forward: the money was not being
used for its intended purpose, and the VPSOs do not have the
same training as the police officers who attend the academy. He
asked if there is a possibility that someday DPS would contract
with the regional corporations and provide them with VPSOs who
are employees of DPS, and VPSOs would be provided the same
training and authority as is provided to state troopers.
COLONEL COCKRELL answered that he felt that some of the
testimony related to VPSOs during a House Finance Committee
meeting had been disrespectful of the VPSO program. He said
that not one dollar of the funds spent on the VPSO program goes
to anything but salaries, benefits, and support of the program.
He said that DPS interacts with nine entities, eight non-profits
and NAB, in areas that are like "third world." He asserted that
DPS provides for some very basic provisions, such as phone,
water, electricity, building a jail cell, and a side-by-side
[vehicle] for safe arrests. He stated, "There are so many
things that they are lacking, and when we do have some extra
money, there's nothing out there that doesn't go to that
program." He added that the money stays in rural Alaska and
does not go to Anchorage or any other place. He said that DPS
has a record for every item purchased with the funds, and he
oversees the purchases. He offered that the testimony he heard
[in the previously mentioned House Finance Committee meeting]
was disheartening, and perhaps he needs to do a better job of
providing information about the VPSO program.
COLONEL COCKRELL responded to Representative Knopp's other
comment by saying that DPS is working with the regional non-
profits, or contractors, to explore the idea of making VPSOs
state employees under AST. He said he believes the idea has
merit and cited the difficulty [currently] of interacting with
eight different agencies with their own bureaucracies. He
stated that there are many positives to making VPSOs state
employees. He offered that doing so would not cost DPS any more
money, since it pays indirect money to the contractors. He said
he believes that doing so would be a step in the right direction
and would help them be better aligned with the state troopers.
He asserted that AST has oversight only over the contractor-
operated VPSO programs and is often held responsible for things
over which it has no control. He said that if DPS owned the
program completely, then it could be held responsible. He
mentioned that interacting directly with the tribes would
generate more trust and ownership in the program.
4:38:25 PM
REPRESENTATIVE WOOL asked if the legislation was proposed to
address the "Girdwood situation" or a "rural situation" or both.
COLONEL COCKRELL replied that the Girdwood situation "brought it
to the forefront." He said the proposed legislation was
intended for areas outside of AST's normal focus of patrol to
augment what is already being done in the areas. He said there
is the potential for [contracted agreements with DPS under HB
163] to be utilized in rural Alaska. He said that he does not
know if HB 163 will result in contracts. He commented that he
believes there is interest in contracting with DPS, and HB 163
would allow the flexibility to enter into contracts to improve
services. He said that he has a fear that only the wealthier
communities would be able to afford such contracts, and DPS does
not want to get into a situation where it is providing more
services to the wealthier areas. He stated that he is not
opposed to offering this opportunity to rural areas, but DPS
does not want to compete with cities such as Bethel, Kotzebue,
or Nome.
4:41:57 PM
REPRESENTATIVE WOOL asked if using troopers for the contract
work proposed under HB 163 would create a shortage of troopers
within AST.
COLONEL COCKRELL said that the intent is not to take from
trooper positions but to bring on additional troopers under
contracts. He recommended that a contract be approved for no
less than five years. He added that if the contract ended, AST
always has enough trooper vacancies to hire the trooper or have
him/her work under another contract. He said AST also has
explored using retired state troopers or law enforcement
officers hired into non-permanent ("non-perm") positions. He
said that AST is looking at different options, and he can't
answer that question definitively at this time until more is
known regarding what will be needed. He reiterated that the
goal is to provide more state troopers in Alaska.
REPRESENTATIVE WOOL said that in the Girdwood situation, the
town was going to lose a trooper due to lack of funding.
COLONEL COCKRELL clarified that there were five state troopers
assigned to Girdwood, and the Kenai Peninsula lost six or seven
trooper positions at that time. He said that he made the
decision to close the Girdwood station and move the positions
back to the Kenai Peninsula, because having two troopers for the
entire Kenai Peninsula on the "grave" shift was unacceptable.
REPRESENTATIVE WOOL concluded that there was not enough funding
for troopers to be permanently stationed in Girdwood, and they
were redistributed. He offered that when troopers are pulled
out of a community, some communities may be able to afford
contracting for troopers and some may not. He asked if rural
communities could share a contract for a trooper.
COLONEL COCKRELL responded that he believes that potential
exists, especially in the Yukon-Kuskokwim Delta, or in the areas
surrounding Kotzebue or Nome. He mentioned that, for example,
three villages in the Yukon-Kuskokwim Delta could contract with
a trooper to extend the coverage provided by the Bethel
troopers.
4:46:33 PM
REPRESENTATIVE JOHNSON stated that she appreciates the intent of
HB 163 to fill a need for troopers. She gave as an example the
Matanuska-Susitna Borough, which does not have police powers,
and asked who would oversee the contracted trooper.
COLONEL COCKRELL said that in the Mat-Su Borough, the troopers
serve over 85,000 people. He said that if Big Lake decides that
it needs more coverage than it currently gets from Mat-Su West
and contracts with four troopers, then AST would oversee the
troopers, and possibly a community board would coordinate with
the AST detachment commander to ensure the troopers meet the
goals of the contract. He added that the primary patrol area
would be Big Lake; however, AST would allow that trooper to
respond out of the Big Lake area if backup were needed
elsewhere.
REPRESENTATIVE JOHNSON asked if the contracting agency would
have to be a governmental agency or an entity with police
powers.
COLONEL COCKRELL answered that as HB 163 is written, the
contracting agency would have to be a government agency. He
said that in the Mat-Su Borough scenario, DPS would contract
with Mat-Su Borough and the borough would collect taxes from Big
Lake to cover the cost. He said that in the case of Houston,
which currently does not have a police department, either the
City of Houston or the Mat-Su Borough could contract with [DPS]
for troopers using Houston's funds. He added that HB 163 is
designed for towns such as Houston or Willow.
4:51:10 PM
REPRESENTATIVE JOHNSON referred to two problems brought forward
in a House floor discussion regarding VPSOs: not enough
trained VPSOs or people willing to take the VPSO positions; and
[because positions were unfilled] the money going to the
villages for VPSOs could not be used for that purpose. She
asked if that money could be used to fund a trooper position.
COLONEL COCKRELL said that AST could not use VPSO grant money to
fund an Alaska State Trooper. He speculated that AST would have
to get the Office of Management & Budget (OMB) and possibly
legislative approval to use the money in that way, as it is
strictly for the VPSO program. He mentioned that there are a
few trooper positions that are funded through the VPSO program,
but he said he didn't believe he could use the money to hire a
trooper for a village. He said that recruitment for law
enforcement officers across the county is difficult, and some of
the large police departments in the Lower 48 are having the same
issues as Alaska. He reiterated that VPSO programs have a huge
turnover rate at thirty-three percent, and the most VPSOs Alaska
has ever had was 101 VPSOs under Governor Sean Parnell's
administration. Governor Parnell added 15 VPSO positions per
year and one state trooper position to support the 15 VPSOs. He
said that reductions in the budget brought the long-term number
down to 70-80; the current number is in the 50s.
COLONEL COCKRELL stated that originally a VPSO was a community
officer hired from within the village to be a first responder
but not take much action. He asserted that currently much more
is required of VPSOs; they are essentially police officers; they
attend the trooper academy and have the same training as Alaska
State Troopers; they are now probation officers; and more VPSOs
are hired from out-of-state and are not prepared for village
life. He added that through the "rover" program, the VPSOs are
kept more in the urban areas and are flown out to villages. He
said there is not much willingness for troopers to live in the
villages, and living in the urban area gives them a break from
the village.
CHAIR KREISS-TOMKINS announced that HB 163 is held over.
HB 1-ELECTION REGISTRATION AND VOTING
4:56:29 PM
CHAIR KREISS-TOMKINS announced that the final order of business
would be HOUSE BILL NO. 1, "An Act relating to absentee voting,
voting, and voter registration; relating to early voting
locations at which persons may vote absentee ballots; and
providing for an effective date." [Before the committee,
adopted as a work draft on 3/16/17, was the proposed committee
substitute (CS) for HB 1, Version 30-LS0070\O, Bullard, 3/14/17,
referred to as "Version O."]
4:57:03 PM
REPRESENTATIVE TUCK stated that the proposed legislation was
designed to accomplish the following: provide for same day
voter registration; to allow for electronic signature on voter
registration documents; ensure that early voting locations are
the same and available for every election up until the next
redistricting; create an option for permanent absentee voting,
which is voting by mail; and change terminology for "absentee
in-person voting stations" to "early voting stations". He said
that parts of AS 15 needed to be updated to ensure that the
voting practices that are currently occurring are in statute.
He relayed that currently a person may early vote in-person
absentee within [15] days of an election, and on his/her ballot
is a voter registration form allowing him/her to vote early and
change his/her voter registration simultaneously. He added that
Version O would "extend that all the way down to same-day voter
registration."
REPRESENTATIVE TUCK paraphrased from the sectional analysis of
the committee substitute (CS) for HB 1, which read as follows
[original punctuation provided with bolded type indicating new
sections]:
Section 1: Removes language from AS 15.05.010 that
requires a qualified voter to register under AS 15.07
before an election.
Section 2: Permits a person registering or
reregistering as a voter to apply using an electronic
signature.
Section 3: instructing the director of the division to
determine the form of electronic signature to be used
when registering to vote.
Section 4: Allows a qualified voter registering on the
day of, or within 30 days of an election, to vote a
questioned ballot at that election.
REPRESENTATIVE TUCK stated that there are only six locations at
which a person can early vote and have it count as early voting.
He added that there are 101 locations in the State of Alaska at
which a person can vote in-person absentee early within [15]
days of the election.
REPRESENTATIVE TUCK continued to paraphrase from the sectional
analysis, which read as follows [original punctuation provided
with bolded type indicating new sections]:
Section 5: Amends AS 15.07.070(h) the procedure for
registration is amended to clarify the use of a
special needs ballot and clarifies that on the voter's
certificate on the ballot that registration includes a
voters choice to declare a political party, non-
partisan or undeclared.
NOTE: This is a practice the division of elections
already carries out, this is just updating the
statutes to reflect their current practice.
Section 6: stating that section 15.07.070 includes
special needs ballot which is defined under 15.20.072.
Special needs voting: A qualified voter with a
disability who, because of that disability, is unable
to go to a polling place to vote may vote a special
needs ballot.
Section 7: If a persons voter registration is
cancelled under 15.07.130 voter registration list
maintenance, and they re-register they shall vote a
questioned ballot.
Section 8: conforming language for same day voter
registration. This amends AS 15.07.090(c) voting
after change of name, reregistration to add language
that states if a person moved from a new precinct they
vote an questioned ballot.
Section 9: cleans up language about a voter who is not
found on the voter registrar to vote a questioned
ballot.
Section 10: definition expansion to include special
needs ballot.
Section 11: Conforms AS 15.07.130(e) to changes made
in section 18 of the bill.
5:02:00 PM
Section 12: Clarifies privileges of poll watchers in a
general election or special election related to ballot
propositions.
Section 13: adds a new section to AS 15.10.170
appointment and privileges of poll watchers to clarify
poll watchers may be designated by prescient party
chair, organized group, or candidate. This is the
language that was removed in section 12 and made a new
subsection. NOTE: this practice is currently being
done by the division of elections.
Section 14 - 17: relate to questioned ballot procedure
and adding a declaration that the voter must sign that
the information provided is accurate.
Section 18: Renames absentee voting stations "early
voting stations." Provides that a location designated
as an early voting station will remain an early voting
station for subsequent elections unless the location
is no longer available for use or the director of the
division of elections determines that the location is
no longer appropriate. Requires the director to make a
determination that a location is no longer appropriate
for use as an early voting station available to the
public in writing.
Section 19-22: Conforms AS 15.20.050 to changes made
in Section 18 related to early voting stations.
Section 23: allowing voter registration updates
through electronic absentee ballot and fax.
5:05:26 PM
Section 24: Requires an absentee ballot application to
include an option for a voter to choose to receive
absentee ballots by mail for future regularly
scheduled state elections. Provides conditions under
which the director may require a voter to reapply to
receive absentee ballots by mail.
Section 25: conforming changes for same day voter
registration.
Section 26: definition of electronic signature
Section 27: conforming to section 18 of the bill
related to early voting stations.
Section 28: conforming to same day voter registration.
Section 29: conforming to same day voter registration.
Note: AS 29.26.050(a)(3): voter qualifications, is
registered to vote in state elections at a resident
address within a municipality at least 30 days before
the municipal election at which the person seeks to
vote.
Section 30: Provides authority to the director of the
division of elections in uncodified law to adopt or
amend regulations as necessary to implement the
changes made by the Act.
Section 31: Provides an effective date for the bill's
provisions.
5:08:57 PM
CHAIR KREISS-TOMKINS announced that the committee would recess
until 5:30 p.m.
5:36:32 PM
REPRESENTATIVE TUCK asked for an explanation of the difference
between the process for counting an absentee ballot and that of
counting a questioned ballot, when a change in voter
registration is made at the same time.
5:38:47 PM
LAURI WILSON, Elections Supervisor, Division of Elections (DOE),
Office of the Lieutenant Governor, explained that questioned
ballots are voted at the precinct only on Election Day; absentee
in-person ballots can be voted 15 days before the election. She
added that there are other types of absentee ballots - by
facsimile ("fax"), by mail, and online. She stated that these
ballots go through the review process. She said that once the
voter has cast one of these ballots, DOE staff logs the ballot
and completes an initial review of the voter's record comparing
the information on the outside of the ballot envelope with the
information in the database. They then assign a count code -
full count, partial count, or reject. She said that the review
report and the ballot envelope together go through a second
review, which is performed by one of two independent boards:
the "questioned" board for the questioned ballots and the
"absentee" board for the absentee ballots.
REPRESENTATIVE KNOPP asked for confirmation that questioned
ballots are voted on Election Day and absentee ballots are voted
15 days before the election.
MS. WILSON answered, "That is correct."
REPRESENTATIVE KNOPP asked for the length of the early voting
period.
MS. WILSON responded that the early voting period is the 15 days
before the election.
REPRESENTATIVE KNOPP asked if absentee and early voting are the
same.
MS. WILSON replied that absentee voting and early voting are two
separate processes.
5:41:03 PM
REPRESENTATIVE KNOPP asked for the proof of residency that is
required to demonstrate that the person registering to vote has
lived in the district for 30 days.
MS. WILSON answered that for the presidential election, Alaska
currently has same day registration. She stated that when the
voter applies for registration, DOE verifies all the voter's
identifiers using the Division of Motor Vehicles (DMV) database
and the Social Security Administration (SSA) database, both of
which are accessed through DMV. She said that currently DOE can
look up a voter's registration date in its database to determine
if the voter has been registered for 30 days. She said that for
someone newly registered, under Version O he/she would need to
submit a signed declaration attesting that he/she has been a
resident of the district for 30 days prior to the election. The
identifiers for that person then would be verified through the
DMV and SSA databases.
REPRESENTATIVE KNOPP said that his concern is the potential for
voter fraud, not on the national level but on the local level.
He mentioned that he is considering introducing an amendment to
Version O that would require a person registering within 30 days
of an election to provide DOE with some proof of being a
resident of the district. The types of proof would be a
paycheck stub, a current Alaska driver's license, a utility
bill, or a bank statement with a current address.
5:45:07 PM
MS. WILSON said that some other states do require that type of
proof. She added that since Alaska does not require that, an
amendment would be needed for statute changes and subsequent
changes in DOE processes.
5:45:53 PM
REPRESENTATIVE TUCK referred to Ms. Wilson's statement that an
in-person absentee ballot is considered differently [by DOE]
than early voting. He asked if she was referring to early
voting in the six locations at which a person can actually early
vote or to someone voting an in-person absentee ballot before
the election.
MS. WILSON responded that at the six early voting stations, DOE
offers what is referred to as "early voting" and also offers
absentee in-person voting. She explained that early voting, as
it is currently done, requires those stations to have "live"
access to the DOE voter registration database to confirm the
eligibility of the voter at the time he/she is voting. Election
workers check to ensure there are no changes in the voter
record, verify the voter's identification (ID), and issue a
voter certificate. The certificate is signed by the voter;
he/she is issued a ballot; and the ballot goes "live" into the
ballot box with no review.
MS. WILSON went on to say that if a voter wishing to early vote
has had a change in his/her record, he/she would have to fill
out the [questioned ballot] envelope at the absentee in-person
table to change his/her registration, and his/her vote would be
subject to the review process.
REPRESENTATIVE TUCK asked for confirmation that at the 181 early
vote locations without live access verification, voters would
vote an in-person absentee ballot.
MS. WILSON answered, "That is correct."
REPRESENTATIVE TUCK also asked for confirmation that currently
someone could vote in-person absentee at one of the 181
locations and change or update his/her voter registration on the
ballot envelope.
MS. WILSON replied, "That is correct."
REPRESENTATIVE TUCK asked if DOE can verify a change in
residency before the ballot is counted or if DOE takes the
signed affidavit.
MS. WILSON responded that DOE takes the voter's signed
confirmation attesting to living at the resident address stated.
REPRESENTATIVE TUCK asked for confirmation that there is no way
of verifying residence prior to the ballot being counted.
MS. WILSON answered that unless the voter's address matches the
address in the DMV database, without any additional proof, that
is correct.
5:50:04 PM
REPRESENTATIVE TUCK mentioned that [concurrent] verification is
not currently possible for those voting same day or in-person,
if he/she makes registration changes. He suggested that same
day voting should be offered to someone voting a special needs
ballot, voting by fax, or voting at the 181 stations allowing
in-person absentee early voting within [15] days of the
election.
5:50:35 PM
REPRESENTATIVE KNOPP mentioned that often DMV records are not
current when a person moves frequently.
5:51:32 PM
REPRESENTATIVE KNOPP moved adopt Conceptual Amendment 1, which
read:
Page 3, line 6, following "election", add," a person
registering to vote within 30 days of the election
must show proof of Alaskan residency prior to
registering and sign an affidavit that they have
resided in the district for the last 30 days prior to
the election and shall exhibit to an election official
on form of verification, including one of the
following;
(1) prior voter registration with last four year
(2) pay stub proving Alaskan Employment
(3) current Alaska Driver's License
(4) utility bill receipts with current address
(5) bank statements with current address
REPRESENTATIVE TUCK objected for the purpose of discussion. He
said his only concern regarding the proposed amendment is that
it is clear that the verification process is not necessary to
change party affiliation.
REPRESENTATIVE KNOPP responded, "That is my intent."
REPRESENTATIVE LEDOUX asked if [CSHB 1, Version O] would allow
someone to change his/her party affiliation on the day of the
election.
REPRESENTATIVE TUCK answered yes. He said it is currently
allowed with a questioned ballot and an in-person absentee
ballot.
REPRESENTATIVE LEDOUX offered that in a primary election, one
can't change one's party registration on the day of the election
and have it count. She added that it must be done 30 days
prior.
5:53:57 PM
MS. WILSON said that Representative LeDoux is correct. She
responded that currently a voter can make any registration
changes on a questioned ballot form or an absentee in-person
[ballot] envelope; however, for the primary election, a party
affiliation change is not effective on the day of election under
current statute.
REPRESENTATIVE LEDOUX asked if under either Version O or
Conceptual Amendment 1 to Version O, someone could change one's
party affiliation on the day of the election and have it count,
to vote in that election.
MS. WILSON expressed her understanding that the intent of
Version O is to allow for same day registration, which would
include a change in party affiliation the same day and allow the
vote to be counted.
5:55:27 PM
REPRESENTATIVE KNOPP stated that Conceptual Amendment 1 would
have no effect on that situation. [Conceptual Amendment 1 was
treated as adopted.]
5:56:06 PM
The committee took a brief at-ease at 5:56 p.m.
5:56:10 PM
REPRESENTATIVE LEDOUX moved to report CSHB 1, Version 30-
LS0070\O, Bullard, 3/14/17 out of committee, as amended, with
individual recommendations and the accompanying fiscal notes.
There being no objection, CSHB 1(STA) was reported from the
House State Affairs Standing Committee.
5:57:44 PM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 5:58
p.m.