Legislature(2017 - 2018)BELTZ 105 (TSBldg)

03/28/2017 03:30 PM COMMUNITY & REGIONAL AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 18 RACE CLASSICS TELECONFERENCED
Heard & Held
*+ SJR 4 AK LEGALLY ACQUIRED IVORY USE EXEMPTION TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= HB 8 ENFORCEMENT OF FOREIGN PROTECTIVE ORDERS TELECONFERENCED
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
    SENATE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE                                                                  
                         March 28, 2017                                                                                         
                           3:37 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Click Bishop, Chair                                                                                                     
Senator Anna MacKinnon                                                                                                          
Senator Lyman Hoffman                                                                                                           
Senator Bert Stedman                                                                                                            
Senator Berta Gardner                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 8                                                                                                                
"An Act relating to protective orders."                                                                                         
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE JOINT RESOLUTION NO. 4                                                                                                   
Urging the Alaska Congressional  delegation to introduce bills to                                                               
provide for  the exemption of  legally acquired  walrus, mammoth,                                                               
and  mastodon  ivory  from  laws  that ban  the  sale,  use,  and                                                               
possession of ivory.                                                                                                            
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 18                                                                                                               
"An Act relating to race classics."                                                                                             
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB   8                                                                                                                  
SHORT TITLE: ENFORCEMENT OF FOREIGN PROTECTIVE ORDERS                                                                           
SPONSOR(s): REPRESENTATIVE(s) EDGMON                                                                                            
                                                                                                                                
01/18/17       (H)       PREFILE RELEASED 1/9/17                                                                                
01/18/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/17       (H)       CRA, JUD                                                                                               
01/31/17       (H)       CRA AT 8:00 AM BARNES 124                                                                              
01/31/17       (H)       Moved  HB 8 Out of Committee                                                                           
01/31/17       (H)       MINUTE(CRA)                                                                                            
02/01/17       (H)       CRA RPT 5DP 1NR                                                                                        
02/01/17       (H)       DP:   TALERICO,    WESTLAKE,   DRUMMOND,                                                               
                        PARISH, FANSLER                                                                                         
02/01/17       (H)       NR: RAUSCHER                                                                                           
02/08/17       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
02/08/17       (H)       Heard & Held                                                                                           
02/08/17       (H)       MINUTE(JUD)                                                                                            
02/13/17       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
02/13/17       (H)       Heard & Held                                                                                           
02/13/17       (H)       MINUTE(JUD)                                                                                            
02/15/17       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
02/15/17       (H)       Moved  HB 8 Out of Committee                                                                           
02/15/17       (H)       MINUTE(JUD)                                                                                            
02/17/17       (H)       JUD RPT 4DP 2NR                                                                                        
02/17/17       (H)       DP:   KOPP,   KREISS-TOMKINS,   FANSLER,                                                               
                         CLAMAN                                                                                                 
02/17/17       (H)       NR: EASTMAN, REINBOLD                                                                                  
03/06/17       (H)       TRANSMITTED TO (S)                                                                                     
03/06/17       (H)       VERSION: HB 8                                                                                          
03/08/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/08/17       (S)       CRA, JUD                                                                                               
03/16/17       (S)       CRA AT 3:30 PM BELTZ 105 (TSBldg)                                                                      
03/16/17       (S)       Heard & Held                                                                                           
03/16/17       (S)       MINUTE(CRA)                                                                                            
03/21/17       (S)       CRA AT 3:30 PM BELTZ 105 (TSBldg)                                                                      
03/21/17       (S)       Scheduled but Not Heard                                                                                
03/28/17       (S)       CRA AT 3:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
                                                                                                                                
BILL: SJR  4                                                                                                                  
SHORT TITLE: AK LEGALLY ACQUIRED IVORY USE EXEMPTION                                                                            
SPONSOR(s): SENATOR(s) OLSON                                                                                                    
                                                                                                                                
02/01/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/01/17       (S)       CRA, RES                                                                                               
03/28/17       (S)       CRA AT 3:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HB  18                                                                                                                  
SHORT TITLE: RACE CLASSICS                                                                                                      
SPONSOR(s): REPRESENTATIVE(s) ORTIZ                                                                                             
                                                                                                                                
01/18/17       (H)       PREFILE RELEASED 1/9/17                                                                                
01/18/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/17       (H)       L&C, FIN                                                                                               
01/30/17       (H)       L&C AT 3:30 PM BARNES 124                                                                              
01/30/17       (H)       Heard & Held                                                                                           
01/30/17       (H)       MINUTE(L&C)                                                                                            
02/03/17       (H)       L&C AT 3:15 PM BARNES 124                                                                              
02/03/17       (H)       Moved  HB 18 Out of Committee                                                                          
02/03/17       (H)       MINUTE(L&C)                                                                                            
02/06/17       (H)       L&C RPT 6DP 1NR                                                                                        
02/06/17       (H)       DP: STUTES, WOOL, JOSEPHSON, BIRCH,                                                                    
                         KNOPP, KITO                                                                                            
02/06/17       (H)       NR: SULLIVAN-LEONARD                                                                                   
02/10/17       (H)       FIN REFERRAL WAIVED                                                                                    
02/13/17       (H)       TRANSMITTED TO (S)                                                                                     
02/13/17       (H)       VERSION: HB 18                                                                                         
02/15/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/15/17       (S)       CRA, L&C                                                                                               
03/28/17       (S)       CRA AT 3:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
BRITTANY HUTCHISON, staff                                                                                                       
Senator Anna MacKinnon                                                                                                          
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided an explanation of Amendment 1 for                                                                
HB 8.                                                                                                                           
                                                                                                                                
NANCY MEADE, General Council                                                                                                    
Administrative Staff                                                                                                            
Alaska Court System                                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Commented on HB 8.                                                                                        
                                                                                                                                
MEGAN WALLACE, Legislative Legal Counsel                                                                                        
Legislative Legal Services                                                                                                      
Legislative Affairs Agency                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Commented on HB 8.                                                                                        
                                                                                                                                
SENATOR DONNY OLSON                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of SJR 4.                                                                                         
                                                                                                                                
JACQUELINE BOYER, staff                                                                                                         
Senator Donny Olson                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Commented on SJR 4 for the sponsor.                                                                       
                                                                                                                                
SUSIE SILOOK, representing herself                                                                                              
Tulalip, Washington                                                                                                             
POSITION STATEMENT:  Supported SJR 4.                                                                                         
                                                                                                                                
ALICE BIOFF, Kawerak Inc.                                                                                                       
Nome, Alaska                                                                                                                    
POSITION STATEMENT: Supported SJR 4.                                                                                          
                                                                                                                                
JOHN WAGHIYI, representing himself                                                                                              
Savoonga, Alaska                                                                                                                
POSITION STATEMENT: Supported SJR 4.                                                                                          
                                                                                                                                
DERA METALF, Program Director                                                                                                   
Eskimo Walrus Commission                                                                                                        
Nome, Alaska                                                                                                                    
POSITION STATEMENT: Supported SJR 4.                                                                                          
                                                                                                                                
REPRESENTATIVE DANIEL ORTIZ                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of HB 18.                                                                                         
                                                                                                                                
ELIZABETH BOLLING, staff                                                                                                        
Representative Daniel Ortiz                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Available to comment on HB 18.                                                                            
                                                                                                                                
BILL SWIFT, Executive Director                                                                                                  
Greater Ketchikan Chamber of Commerce                                                                                           
Ketchikan, Alaska                                                                                                               
POSITION STATEMENT: Stated that GKCC unanimously supported HB                                                                 
18.                                                                                                                             
                                                                                                                                
CHELSEA GOUCHER, Vice President                                                                                                 
Ketchikan Chamber Board of Directors                                                                                            
Ketchikan, Alaska                                                                                                               
POSITION STATEMENT: Stated wholehearted support for HB 18.                                                                    
                                                                                                                                
JASON CUSTER, member                                                                                                            
Ketchikan Chamber of Commerce                                                                                                   
Ketchikan, Alaska                                                                                                               
POSITION STATEMENT: Supported HB 18.                                                                                          
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:37:55 PM                                                                                                                    
CHAIR CLICK BISHOP called the Senate Community and Regional                                                                   
Affairs Standing Committee meeting to order at 3:37 p.m. All                                                                    
members were present at the call to order.                                                                                      
                                                                                                                                
3:39:04 PM                                                                                                                    
        HB   8-ENFORCEMENT OF FOREIGN PROTECTIVE ORDERS                                                                     
                                                                                                                                
CHAIR BISHOP announced consideration of HB 8.                                                                                   
                                                                                                                                
SENATOR MACKINNON moved Amendment 1, labelled 30-LS0127\A.3                                                                     
                                                                                                                                
                                                 30-LS0127\A.3                                                                  
                                                      Wallace                                                                   
                                                      3/16/17                                                                   
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
     OFFERED IN THE SENATE             BY SENATOR MACKINNON                                                                     
                                                                                                                                
     TO:  HB 8                                                                                                                  
                                                                                                                                
     Page 4, following line 22:                                                                                                 
                                                                                                                                
          Insert a new bill section to read:                                                                                    
        "* Sec. 8. AS 22.35.030 is amended to read:                                                                         
          Sec. 22.35.030. Publication of Records [RECORDS                                                                   
     CONCERNING  CRIMINAL CASES  RESULTING  IN ACQUITTAL  OR                                                                  
     DISMISSAL]. The  Alaska Court System may  not publish a                                                                  
     court  record  [OF  A  CRIMINAL  CASE]  on  a  publicly                                                                    
     available website                                                                                                          
               (1)  in a criminal case if 60 days have                                                                      
     elapsed from the date of acquittal or dismissal and                                                                        
               (A) [(1)]  the defendant was acquitted of                                                                    
     all charges filed in the case;                                                                                             
               (B) [(2)]  all criminal charges against the                                                                  
     defendant in the case have  been dismissed and were not                                                                    
     dismissed  as  part  of a  plea  agreement  in  another                                                                    
     criminal case  under Rule 11, Alaska  Rules of Criminal                                                                    
     Procedure;                                                                                                                 
               (C) [(3)]  the defendant was acquitted of                                                                    
     some  of  the criminal  charges  in  the case  and  the                                                                    
     remaining charges were dismissed; or                                                                                       
               (D) [(4)]  all criminal charges against the                                                                  
       defendant in the case have been dismissed after a                                                                        
     suspended entry of judgment under AS 12.55.078;                                                                        
               (2)      of    a   protective   order   under                                                                
     AS 18.66.100   -  18.66.180,   restraining  order,   or                                                                
     injunction  in a  case involving  domestic violence  if                                                                
     the  publication would  likely reveal  the identity  or                                                                
     location of the party protected under the order."                                                                      
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
CHAIR BISHOP objected for discussion purposes.                                                                                  
                                                                                                                                
3:39:41 PM                                                                                                                    
BRITTANY  HUTCHISON, staff  to  Senator  MacKinnon, Alaska  State                                                               
Legislature,  Juneau, Alaska,  explained that  Amendment 1  would                                                               
put  Alaska  in  further  compliance with  the  Federal  Violence                                                               
Against  Women  Act  (VAWA).  It  requires  that  all  protective                                                               
orders,  restraining orders,  or injunctions  in cases  involving                                                               
domestic  violence,  sexual assault,  or  stalking  shall not  be                                                               
published  on  the  Internet  if they  would  likely  reveal  the                                                               
identity or location of the party protected under the order.                                                                    
                                                                                                                                
She  said  the  bulk  of  the  amendment  is  in  section  2  and                                                               
everything else is  conforming changes. Section 2  was written to                                                               
comply with  Title 18 of  US Code Section 22.65  (d)(2), entitled                                                               
"No  Prior   Registration  or  Filing   as  a   Prerequisite  for                                                               
Enforcement."    However,  right   below  that  (d)(3),  entitled                                                               
"Limits on  Internet Publication or Registration  Information" is                                                               
what the amendment seeks to  be in compliance with. The amendment                                                               
is worded exactly the same.                                                                                                     
                                                                                                                                
3:41:26 PM                                                                                                                    
NANCY  MEADE,  General  Counsel,  Alaska  Court  System,  Juneau,                                                               
Alaska, explained that  using this language means  that the court                                                               
system would  remove the  public version  that people  can access                                                               
from  home  from CourtView  and  it  applies  to all  records  of                                                               
domestic  violence protective  orders,  as well  as stalking  and                                                               
sexual assault protective  orders. This is because  any record of                                                               
a  protective  order  would  likely  [inadvertently]  reveal  the                                                               
identity  or location  of a  protected party.  Just removing  the                                                               
petitioners'   names  could   leave   clues  as   to  the   other                                                               
information. If  something is left on  CourtView like unpublished                                                               
or anonymous  versus Click Bishop  with a Fairbanks  case number,                                                               
that does in  fact reveal the identity of the  person bringing it                                                               
as well  as the location.  She said  the court system  can remove                                                               
everything with no fiscal impact.                                                                                               
                                                                                                                                
SENATOR  MACKINNON   asked  what  language  about   protecting  a                                                               
victim's identity  would instruct the court  to adequately comply                                                               
with the federal law.                                                                                                           
                                                                                                                                
MS.  MEADE answered  the problem  is  that by  saying "to  remove                                                               
anything that reveals the identity  or location of the person who                                                               
files," makes it very easy to  figure out the information that is                                                               
left  out. The  court system  could be  instructed to  remove all                                                               
names  or one  name, but  removing  just one  name (thus  leaving                                                               
enough information to figure out  other names) would be violating                                                               
federal statute.                                                                                                                
                                                                                                                                
She explained that in the past,  the court system applied VAWA to                                                               
foreign  (non-Alaskan)   domestic  violence   protective  orders,                                                               
because  it  is in  federal  law.  That  meant they  didn't  post                                                               
anything   about  protective   orders   that   came  from   other                                                               
jurisdictions. The legislature  can tell the court to  do more if                                                               
it  thinks VAWA  requires  more and  they will  do  it. She  just                                                               
wanted to make sure they know how language would be implemented.                                                                
                                                                                                                                
3:45:05 PM                                                                                                                    
SENATOR MACKINNON  asked if  Alaska protects  out-of-state orders                                                               
more vigorously than in-state orders in compliance issues.                                                                      
                                                                                                                                
MS. MEADE answered  that provision of VAWA deals  with full faith                                                               
and credit to be given to  foreign protective orders. They can do                                                               
the  same  thing  for  Alaskan   protective  orders,  which  this                                                               
language would tell them to do.                                                                                                 
                                                                                                                                
SENATOR  MACKINNON said  they  are trying  to  come into  federal                                                               
compliance with  victims who petition  the court  for protection,                                                               
and HB 8 takes them one  step closer, but the amendment is trying                                                               
to put  the state  in full compliance.  The courts  are asserting                                                               
today that there is only one way  to do it, and that is to remove                                                               
all data.  They have contacted  the Council on  Domestic Violence                                                               
and Sexual  Assault, as  well as the  Alaska Network  on Domestic                                                               
Violence and  Sexual Assault. They  are all inclined to  have the                                                               
perpetrator, or the  accused have their names public  so that the                                                               
general public  knows there could  be harm associated  with those                                                               
individuals that  are being at  least accused if  not prosecuted.                                                               
If this  amendment fails,  she wanted  to be  able to  craft new,                                                               
compliant legislation with help from the court.                                                                                 
                                                                                                                                
3:47:21 PM                                                                                                                    
SENATOR  GARDNER asked  if there  is  a proposal  to fix  Senator                                                               
MacKinnon's concern without the unintended consequence.                                                                         
                                                                                                                                
MS.  MEADE  answered that  she  worked  with Senator  MacKinnon's                                                               
staff and it  would be simple if the statute  said that the court                                                               
system  may  not  publish  a  petitioner's  name  in  a  domestic                                                               
violence,  stalking, or  sexual  assault  protective order.  That                                                               
would be easy and  perhaps would get to where they  want to go if                                                               
what they  want is  to keep petitioner's  names off  the Internet                                                               
but leave respondent's names. That is not difficult to draft.                                                                   
                                                                                                                                
3:48:09 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
3:48:51 PM                                                                                                                    
SENATOR MACKINNON  said her staff  had the  language "petitioner"                                                               
and when it was submitted to  Legislative Legal they were given a                                                               
legal opinion  that said it would  not be in compliance.  So, she                                                               
wanted  to ask  Megan Wallace  to speak  to the  reasons why  she                                                               
believes it would still be out of compliance.                                                                                   
                                                                                                                                
3:49:21 PM                                                                                                                    
MEGAN  WALLACE,  Legislative  Legal  Counsel,  Legislative  Legal                                                               
Services, Legislative  Affairs Agency, Alaska  State Legislature,                                                               
Juneau, Alaska, said in regard  to changing the amendment so that                                                               
only  the  petitioner's  name  would  appear  on  CourtView,  her                                                               
concern  is  that  the  federal  statute states  that  to  be  in                                                               
compliance  the publication  cannot  reveal the  identity or  the                                                               
location of the  party. She was not certain if  they take out the                                                               
language relating  to revealing  the identity  of or  location of                                                               
the party, if it doesn't  leave room for non-compliance with that                                                               
federal  law. Federal  statute  states  that publications  cannot                                                               
reveal identification or location of the party.                                                                                 
                                                                                                                                
SENATOR MACKINNON  said her  goal is to  comply with  federal law                                                               
and protect victims  of domestic violence and asked  to hear from                                                               
Ms. Meade.                                                                                                                      
                                                                                                                                
MS. MEADE said she didn't think  her legal opinion on this really                                                               
matters,  but  if your  legal  conclusion  is that  just  writing                                                               
"petitioners" would not  be compliant with federal  law, then you                                                               
would go  with this  wording. But with  this wording  and perhaps                                                               
what  Ms. Wallace  is  trying to  say is  that  nothing would  be                                                               
posted about a case on their Internet site.                                                                                     
                                                                                                                                
It is difficult to research  what other states do definitively. A                                                               
Michigan Supreme Court opinion at  least implies that nothing can                                                               
be  posted  about  domestic violence  protective  orders  on  the                                                               
Internet under  VAWA. She wasn't  saying that is the  standard in                                                               
the U.S. and she wasn't  proffering her legal opinion, but rather                                                               
she  is  saying   how  the  wording  in  the   statute  would  be                                                               
implemented should this amendment pass.                                                                                         
                                                                                                                                
3:51:54 PM                                                                                                                    
SENATOR STEDMAN said  this is about as clear as  mud and that the                                                               
committee  should proceed  with caution  so they  understand what                                                               
they  are voting  on.  He asked  to clarify  that  they can't  by                                                               
federal law publish the names of the accused.                                                                                   
                                                                                                                                
MS.  MEADE said  it is  Legislative Legal's  conclusion that  the                                                               
portion of  federal law that  says that petitioners'  names ought                                                               
to be  protected in protective order  proceedings was interpreted                                                               
by the  court previously to apply  only to orders coming  in from                                                               
other states.  Legislative Legal  has determined that  applies to                                                               
all  protective orders  filed  in  the state,  as  well. Now  the                                                               
question is how to write that  into an amendment. You could write                                                               
"never  put a  petitioner's name  on CourtView"  and that  can be                                                               
done. But  Legislative Legal thinks  that wouldn't go  far enough                                                               
towards  putting  the state  into  compliance  with federal  law,                                                               
which says  "can't put  anything on there  that would  reveal the                                                               
identity   or  location."   That  is   the  wording   in  Senator                                                               
MacKinnon's amendment.  However,  in practice the CourtView can't                                                               
show  anything, because  displaying a  domestic violence  case in                                                               
Fairbanks with  anonymous versus  Click Bishop, alerts  people to                                                               
whom the other party is.                                                                                                        
                                                                                                                                
CHAIR  BISHOP,  finding  no  further   comments,  held  HB  8  in                                                               
committee.                                                                                                                      
                                                                                                                                
         SJR  4-AK LEGALLY ACQUIRED IVORY USE EXEMPTION                                                                     
                                                                                                                                
3:56:21 PM                                                                                                                    
CHAIR BISHOP announced consideration of SJR 4.                                                                                  
                                                                                                                                
SENATOR DONNY OLSON, sponsor of  SJR 4, Alaska State Legislature,                                                               
Juneau, Alaska, explained  this resolution is designed  to do two                                                               
things:  to  show support  for  products  made  out of  ivory  by                                                               
Alaskans in  the State of Alaska  as well as to  urge the federal                                                               
delegation to  provide for exemptions for  legally obtained ivory                                                               
in the United States.                                                                                                           
                                                                                                                                
This resolution was brought to  his attention by his constituents                                                               
from Kaktovik, which is at the  eastern border of Canada, down to                                                               
Diomede  and Hooper  Bay. Those  constituents, especially  during                                                               
the Alaska  Federation of Natives  (AFN) annual  convention, told                                                               
him they  were very concerned  about what  was going on  with the                                                               
ban on  elephant ivory, because  the byproducts of  other ivories                                                               
provide  necessary incomes  to indigenous  people  that take  the                                                               
edge off of living out there.                                                                                                   
                                                                                                                                
SENATOR OLSON  said he would  like to be  able to wear  his ivory                                                               
jewelry without it  being banned in other states.  He displayed a                                                               
baleen basket with a fossilized  narwhal ivory top and a mastodon                                                               
ivory carving  made by the  former mayor of the  Northwest Arctic                                                               
Borough, Ross Shaffer.                                                                                                          
                                                                                                                                
JACQUELINE  BOYER, staff  to Senator  Donny  Olson, Alaska  State                                                               
Legislature, Juneau,  Alaska, further  explained SJR 4  on behalf                                                               
of the sponsor. She said New York  is a state that bans ivory and                                                               
defines it  as pertaining  to elephant  and mammoth,  even though                                                               
mammoth is extinct. Their statute  prohibits selling, offering to                                                               
sell,  purchase,  trade,  barter   or  distribute  any  ivory  or                                                               
rhinoceros horn  and then provides  for some exceptions  (such as                                                               
to license  or permit  an antique  for educational  or scientific                                                               
purposes, an  estate, or a musical  instrument). Fines associated                                                               
with possessing  ivory include up  to a minimum  of $500 up  to a                                                               
class D felony with a $25,000 fine.                                                                                             
                                                                                                                                
California  prohibits  purchasing,  selling,  offering  to  sell,                                                               
possessing  with  intent  to  sell,  or  importing  ivory.  Their                                                               
definitions  of ivory  include  elephant, hippopotamus,  mammoth,                                                               
mastodon, walrus,  warthog, whale, and narwhal.  Their exemptions                                                               
include permits for instruments  or for educational purposes. The                                                               
fines are from $1,000 up to $50,000.                                                                                            
                                                                                                                                
Hawaii prohibits selling, offering  to sell, purchasing, trading,                                                               
possessing  with intent  to sell,  and bartering  ivory including                                                               
whale, walrus, and mammoth, noting  that even though it's extinct                                                               
they  still want  to  prevent people  from  possessing it.  Their                                                               
exceptions include the right of  the indigenous people to possess                                                               
and  do their  traditional practices,  much like  in Alaska,  but                                                               
they don't include Alaska Natives in  the rights to sell to other                                                               
people in Hawaii.                                                                                                               
                                                                                                                                
4:01:23 PM                                                                                                                    
New  Jersey has  similar language,  but just  blatantly says  all                                                               
ivory  rather than  listing endangered  or extinct  species. They                                                               
don't  provide for  any exceptions.  The most  serious offense  -                                                               
after the third time - is seizure of all ivory.                                                                                 
                                                                                                                                
The State  of Washington only  bans living elephant  ivory, which                                                               
seems to be the most reasonable provision.                                                                                      
                                                                                                                                
CHAIR  BISHOP asked  if  mastodon ivory  is  legal in  Washington                                                               
State.                                                                                                                          
                                                                                                                                
MS. BOYER answered  yes. The Marine Mammal  Protection Act (MMPA)                                                               
is cited in  the resolution. Section 109  relates to transferring                                                               
of authority  from the  secretary to the  state. That  might need                                                               
some  clarification  to  maybe preempt  states  from  arbitrarily                                                               
banning ivory that has been legally obtained.                                                                                   
                                                                                                                                
Section  1539  specifically  states that  these  MMPA  provisions                                                               
don't apply  to any Indian,  Aleut, or  Eskimo who resides  in an                                                               
Alaska Native  village and any  non-Native permanent  resident in                                                               
an Alaska  Native village.  That could be  extended to  their by-                                                               
products.                                                                                                                       
                                                                                                                                
4:04:08 PM                                                                                                                    
SENATOR OLSON  said he was  open to questions on  this resolution                                                               
that  is very  important to  the people  of western  and northern                                                               
Alaska where legally  obtained ivory has been taken  by the local                                                               
population and made into beautiful handcrafted items.                                                                           
                                                                                                                                
SENATOR  STEDMAN said  he  liked the  resolution,  and asked  how                                                               
states that make  presently owned ivory illegal deal  with it. Do                                                               
they  have  to  turn  it  in,   and  what  about  the  things  in                                                               
collections and on grandma's coffee table?                                                                                      
                                                                                                                                
MS.  BOYER answered  it  varies  state by  state.  It  has to  be                                                               
reported to Fish  and Wildlife Services in one  state; for others                                                               
it's okay to have as long as it's older than 1972.                                                                              
                                                                                                                                
SENATOR   OLSON  added   that  most   people  who   have  private                                                               
collections  have  been  grandfathered   in,  especially  if  the                                                               
collections were  obtained before  1972 when  the MMPA  went into                                                               
effect. In  most states the general  law is you can  keep it, but                                                               
not sell or barter it for anything else.                                                                                        
                                                                                                                                
SENATOR STEDMAN  asked if tourists  can buy Alaska  artifacts and                                                               
legally  take them  back to  New  York. What  about an  abandoned                                                               
item?                                                                                                                           
                                                                                                                                
SENATOR  OLSON answered  if ivory  is  not raw  and crafted  into                                                               
something, in general you can take  it back to the state you came                                                               
from, but in some  states it has to be reported  to U.S. Fish and                                                               
Wildlife Service (USFWS).                                                                                                       
                                                                                                                                
SENATOR  GARDNER  asked   if  his  intention  was   to  have  the                                                               
exemptions apply to  every state preemptively or  only to federal                                                               
law with regards to the further resolve on page 2, line 14.                                                                     
                                                                                                                                
4:07:24 PM                                                                                                                    
SENATOR  OLSON  said  he  would  like  the  Alaska  congressional                                                               
delegation to exempt all of it across the states.                                                                               
                                                                                                                                
4:08:13 PM                                                                                                                    
SUSIE   SILOOK,   representing  herself,   Tulalip,   Washington,                                                               
supported SJR 4. She is originally  from Gamble, Alaska, and is a                                                               
member of  an artist  advocacy group  for Alaska  Natives against                                                               
the  bans on  ivory.  This issue  began for  her  when she  heard                                                               
Hawaii  was banning  walrus ivory,  also. They  told Hawaii  that                                                               
Alaska  Natives are  exempted under  MMPA, but  they were  banned                                                               
anyway. There  is a lot of  confusion about the bans.  Some items                                                               
are not  banned, but  people think  they are. So,  there is  a de                                                               
facto ban going  on anyway. She has been told  by both businesses                                                               
and  artists that  the  market  is way  down,  so  it is  already                                                               
hurting the market.                                                                                                             
                                                                                                                                
Her research  has revealed  that these bans  are an  overreach by                                                               
wildlife groups involved  with the elephant ivory  ban, which she                                                               
has  nothing  against,  but  you  don't have  to  ban  all  ivory                                                               
worldwide, which their advertising says.                                                                                        
                                                                                                                                
MS. SILOOK said  another issue is that it is  hard to distinguish                                                               
between  the ivories,  but she  has a  written document  from the                                                               
USFWS saying  that one can absolutely  distinguish between walrus                                                               
and elephant ivory.                                                                                                             
                                                                                                                                
4:12:53 PM                                                                                                                    
ALICE BIOFF, Kawerak Inc., Nome,  Alaska, supported SJR 4. She is                                                               
a  member of  the Alaska  State  Council of  the Arts.  She is  a                                                               
tribal member of the Native Village  Koyukuk and grew up in Nome.                                                               
She  has been  employed  as a  business  planning specialist  for                                                               
Kawerak,  the regional  non-profit consortium  of tribes  for the                                                               
Bering Straits  region. She  is privileged  to work  with artists                                                               
entrepreneurs  within the  communities and  the Council  provides                                                               
tools and  resources to assist  artists in continuing  their work                                                               
so  they  can  sustain  themselves,  their  families,  and  their                                                               
communities.                                                                                                                    
                                                                                                                                
Walrus ivory harvested  during subsistence hunting is  one of the                                                               
main  materials artists  entrepreneurs use  to carve  into unique                                                               
traditional art  work that  has been  recognized for  its amazing                                                               
craftsmanship throughout  the world.  These artists  are economic                                                               
development drivers  in their communities and  she sees firsthand                                                               
the economic  impact selling  ivory has  in the  communities, but                                                               
most importantly  how the  arts and crafts  made with  ivory keep                                                               
traditions  alive and  strong: beautiful  work being  passed down                                                               
from one  generation to  the next.  Their art  is woven  into who                                                               
they  are  as  indigenous  people, and  having  access  to  those                                                               
materials is vital.                                                                                                             
                                                                                                                                
MS. BIOFF said it  would be a shame to see  their ability to sell                                                               
ivory  collapse  because of  a  lack  of understanding  of  their                                                               
culture  that  is  unique  and  has  a  history  of  customs  and                                                               
traditions of working with nature  and an ability to successfully                                                               
self-manage a resource  such as walrus. Please  educate those who                                                               
do not understand  this, she urged. She thanked  all the sponsors                                                               
for bringing this resolution forward.                                                                                           
                                                                                                                                
4:15:28 PM                                                                                                                    
JOHN WAGHIYI, representing himself,  Savoonga, Alaska, said he is                                                               
a life-long  subsistence provider  for his family  and community,                                                               
and supported  SJR 4. He said  the State of Alaska  needs to help                                                               
educate and  advocate for the  indigenous community to  make sure                                                               
that their  guaranteed right  of survival  is protected.  He said                                                               
St. Lawrence Island people are the  only people in the world that                                                               
harvest  walrus -  first -  as a  subsistence resource.  It helps                                                               
them maintain  spiritual, physical, and psychological  needs that                                                               
keep them  knowing who  they are. They  harvest more  walrus than                                                               
any other  people in the  world. The  walrus ivory has  been used                                                               
for  thousands  of   years  and  is  used   exclusively  to  help                                                               
supplement their subsistence way of life.                                                                                       
                                                                                                                                
4:18:12 PM                                                                                                                    
DERA METALF,  Program Director,  Eskimo Walrus  Commission, Nome,                                                               
Alaska, supported SJR 4. She  said the Walrus Commission has been                                                               
around  since  1978.  She  also   serves  on  the  Marine  Mammal                                                               
Commission  as their  special advisor  on Native  affairs. Alaska                                                               
Natives are  already facing  difficulties with  harvesting walrus                                                               
and  pressures because  of  climate change,  and  she wonders  if                                                               
these  communities  can  even afford  to  continue  hunting.  But                                                               
hunting is fundamental  to the coastal communities  from the meat                                                               
to the blubber,  skin to organs, and food to  processing skin and                                                               
tusks  that   are  used   in  boats,   guns,  and   jewelry,  and                                                               
handicrafts. These are critically important to them.                                                                            
                                                                                                                                
She added that with the ice  cover diminishing and changing as it                                                               
has for the past few years,  their hunters have to travel further                                                               
distances to hunt. Walrus defines  not only their local economies                                                               
and  way  of life,  but  their  food  group resources  and  their                                                               
cultural traditions including arts and crafts.                                                                                  
                                                                                                                                
CHAIR  BISHOP  closed   public  testimony  and  held   SJR  4  in                                                               
committee.                                                                                                                      
                                                                                                                                
4:22:00 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
                      HB  18-RACE CLASSICS                                                                                  
                                                                                                                                
4:22:54 PM                                                                                                                    
CHAIR  BISHOP called  the  meeting back  to  order and  announced                                                               
consideration of HB 18.                                                                                                         
                                                                                                                                
4:22:59 PM                                                                                                                    
REPRESENTATIVE  DANIEL ORTIZ,  Alaska State  Legislature, Juneau,                                                               
Alaska, sponsor of HB 18, introduced himself.                                                                                   
                                                                                                                                
ELIZABETH BOLLING,  staff to Representative Daniel  Ortiz, Alaska                                                               
State Legislature, Juneau, Alaska, introduced herself.                                                                          
                                                                                                                                
REPRESENTATIVE  ORTIZ said  HB 18  is a  simple, straight-forward                                                               
race classics bill.  While it is simple  and straight-forward, it                                                               
is  also  necessary for  the  Ketchikan  Chamber of  Commerce  to                                                               
obtain a  race classic permit  as the  term "race classic"  is so                                                               
narrowly  defined in  statute  as  to provide  only  for the  Mt.                                                               
Marathon race classic held by the Seward Chamber of Commerce.                                                                   
                                                                                                                                
The  Ketchikan  Chamber  of  Commerce also  has  an  interest  in                                                               
obtaining a  race classic permit  for a  human race, the  Race to                                                               
Alaska,  which is  a non-motorized  boat race  beginning in  Port                                                               
Townsend, Washington,  and ending in  Ketchikan, Alaska. It  is a                                                               
750-mile race, and  the idea of attaching this to  a race classic                                                               
permit  will allow  the Ketchikan  Chamber  of Commerce  to do  a                                                               
little  fundraising by  providing the  opportunity for  people to                                                               
wager on the  exact day, hour, minute, and second  of the arrival                                                               
of the first-place boat.                                                                                                        
                                                                                                                                
4:25:14 PM                                                                                                                    
BILL  SWIFT, Executive  Director,  Greater  Ketchikan Chamber  of                                                               
Commerce,  Ketchikan,   Alaska,  said  the   Chamber  unanimously                                                               
supports  HB  18. Their  research  has  determined that  specific                                                               
legislative authorization  is necessary  to have a  race classic,                                                               
and HB 18  gives the Ketchikan Chamber of  Commerce permission to                                                               
conduct a  charitable community  fund raiser  of this  type based                                                               
around  the Race  to Alaska  by including  this event  within the                                                               
state's  existing definition  of a  "race classic."  It specifies                                                               
that this  event would be  administered by the  Ketchikan Chamber                                                               
of Commerce.                                                                                                                    
                                                                                                                                
The tradition of  classics is a fun and common  form of Alaskana,                                                               
and a great many non-profit  entities throughout Alaska have been                                                               
given  permission  by the  legislature  to  conduct classic  fund                                                               
raisers of this  type: dog mushers, rain  classics, fish derbies,                                                               
moose derbies, and goose and canned salmon classics.                                                                            
                                                                                                                                
MR. SWIFT  said there is  a strong  precedent for the  Chamber to                                                               
host  events of  this  type.  Similar events  are  hosted by  the                                                               
Chamber  organizations  for  Juneau,  Fairbanks,  Kenai,  Seward,                                                               
Petersburg, Delta, and  Big Lake. He thanked  the legislature for                                                               
taking time  to consider their  request for what is  a relatively                                                               
small administrative change  that is necessary and  does not cost                                                               
the state anything.                                                                                                             
                                                                                                                                
4:28:16 PM                                                                                                                    
CHELSEA  GOUCHER,  Vice  President, Ketchikan  Chamber  Board  of                                                               
Directors,  Ketchikan, Alaska,  wholeheartedly  supported HB  18.                                                               
She  related  that  she  is  currently  employed  as  an  account                                                               
representative for Alaska  Marine Lines, but in the  past she was                                                               
employed  by  the  Ketchikan Chamber  of  Commerce  as  executive                                                               
director. Representative  Ortiz's bill would allow  the Ketchikan                                                               
Chamber   of   Commerce  to   raise   money   by  operating   and                                                               
administering  a  race  classic  with   a  gaming  permit  as  is                                                               
currently  done by  the Seward  Chamber with  the Mount  Marathon                                                               
Race Classic.                                                                                                                   
                                                                                                                                
MS. COUCHER said she also  supports Mr. Swift's letter of support                                                               
adding that the  monies it generates can be  put towards projects                                                               
the Ketchikan  Chamber of Commerce  has undertaken  recently such                                                               
as  workforce  development  initiatives, economic  and  community                                                               
development  programs, lighting  of the  town Christmas  tree and                                                               
the July  4th parade,  employee wellness  training, informational                                                               
programs,  networking  events  to encourage  a  vibrant  economy,                                                               
assistance  to new  and  developing  businesses, hosting  special                                                               
programs  such   as  the   Ketchikan  Marine   Industry  Council,                                                               
fostering   the  Ketchikan   Young  Professionals   Network,  and                                                               
advocating  for  a sound  business  plan  for Ketchikan  and  the                                                               
entire  state, as  well as  doing close  work with  organizations                                                               
like Southeast Conference, the Alaska  Chamber, the Alaska Forest                                                               
Association, and the Alaska  Miners Association. These activities                                                               
are  self-funded  by the  Chamber  which  relies on  very  little                                                               
government money or  grants and depends primarily  on member dues                                                               
and fund-raisers to function.                                                                                                   
                                                                                                                                
She  said  HB  18  would   help  sustain  these  efforts  despite                                                               
decreases elsewhere  in the community, state,  and local funding.                                                               
In fact,  a race  classic would likely  attract outside  money as                                                               
racers, families and friends, sports  fans, and residents of Port                                                               
Townsend, and the race's community of  origin can buy a chance to                                                               
win this newest of race classics.                                                                                               
                                                                                                                                
4:30:55 PM                                                                                                                    
JASON CUSTER,  member, Ketchikan Chamber of  Commerce, Ketchikan,                                                               
Alaska, supported  HB 18.  He agreed with  comments by  Mr. Swift                                                               
and Ms. Goucher. He said the  Chamber is probably the largest and                                                               
most  diverse  non-profit  organization  in  Ketchikan  with  274                                                               
members.                                                                                                                        
                                                                                                                                
The benefits of  HB 18 to their organization  and community would                                                               
include  providing  a  new source  of  locally  generated,  self-                                                               
generated revenue  for community projects, which  otherwise would                                                               
not be  present. It supports  community development  and economic                                                               
development  activities  and  programs.   HB  18  will  help  get                                                               
Alaskans and  residents of  Ketchikan excited  about contributing                                                               
to  community projects  and initiatives,  promoting a  culture of                                                               
community giving  and self-sufficiency.  This would not  cost the                                                               
state  anything,  but  creates  a   new  source  of  funding  for                                                               
community projects and initiatives.                                                                                             
                                                                                                                                
MR.  CUSTER said  numerous Chambers  around the  state have  been                                                               
given  the  ability  to  administer  similar  programs  including                                                               
Juneau, Fairbanks, Petersburg, and Seward.                                                                                      
                                                                                                                                
4:33:15 PM                                                                                                                    
SENATOR STEDMAN said  HB 18 is a  good idea. This race  is a good                                                               
way  for a  community to  generate money  and also  have fun.  He                                                               
noted that  this one-sentence  bill is the  shortest he  has seen                                                               
and it has a zero fiscal note, too.                                                                                             
                                                                                                                                
SENATOR MACKINNON referred to the  games of chance and contest of                                                               
skills  statute and  said it  seems  that an  entire chapter  was                                                               
created  to say  okay to  gaming  one issue  at a  time, and  she                                                               
wondered, given the current recession  the state is in and folks,                                                               
non-profits  specifically, trying  to  work  for themselves,  why                                                               
they should continue  to have one agency and one  non-profit at a                                                               
time come  forward to  ask for permission  to do  something which                                                               
requires years  of advance planning.  Because as  she understands                                                               
it, they still  have to comply with the same  rules. Is there any                                                               
reason the door was not opened wider? Are they just complying                                                                   
with this past practice for all the individual requests?                                                                        
                                                                                                                                
REPRESENTATIVE ORTIZ replied that they are just complying with                                                                  
past practice.                                                                                                                  
                                                                                                                                
CHAIR BISHOP found no further comments and closed public                                                                        
testimony. He held HB 18 in committee to await Senator                                                                          
MacKinnon's amendment.                                                                                                          
                                                                                                                                
4:36:04 PM                                                                                                                    
CHAIR BISHOP adjourned the Senate Community and Regional Affairs                                                                
Standing Committee meeting at 4:36 p.m.                                                                                         

Document Name Date/Time Subjects
HB018 Sponsor Statement 02.16.17.pdf SCRA 3/28/2017 3:30:00 PM
HB 18
HB018 Sectional Analysis 02.16.17.pdf SCRA 3/28/2017 3:30:00 PM
HB 18
HB018 02.16.17.pdf SCRA 3/28/2017 3:30:00 PM
HB 18
HB018 Fiscal Note 2.3.17.pdf SCRA 3/28/2017 3:30:00 PM
HB 18
HB 018 Supporting Document - Letter Goucher 02.16.17.pdf SCRA 3/28/2017 3:30:00 PM
HB 18
HB 018 Supporting Document - Seward Chamber of Commerce 02.16.17.pdf SCRA 3/28/2017 3:30:00 PM
HB 18
HB018 Supporting Document-Chamber Flyer 01.20.17.pdf SCRA 3/28/2017 3:30:00 PM
HB 18
HB018 Supporting Document-Chamber Letter 01.20.17.pdf SCRA 3/28/2017 3:30:00 PM
HB 18
SJR 4, Sponsor Statement.PDF SCRA 3/28/2017 3:30:00 PM
SJR 4
SJR 4, Version D.pdf SCRA 3/28/2017 3:30:00 PM
SJR 4
SJR 4, Walrus Subsistence Numbers.pdf SCRA 3/28/2017 3:30:00 PM
SJR 4
SJR 4, Hearing Request Memo.PDF SCRA 3/28/2017 3:30:00 PM
SJR 4
SJR 4, Invited Testimony.PDF SCRA 3/28/2017 3:30:00 PM
SJR 4
SJR 4, California Statutes.pdf SCRA 3/28/2017 3:30:00 PM
SJR 4
SJR 4, Community and Organization Resolutions.pdf SCRA 3/28/2017 3:30:00 PM
SJR 4
SJR 4, Hawaii Statutes.pdf SCRA 3/28/2017 3:30:00 PM
SJR 4
SJR 4, Letter of Support.pdf SCRA 3/28/2017 3:30:00 PM
SJR 4
SJR 4, MMPA Section 101.pdf SCRA 3/28/2017 3:30:00 PM
SJR 4
SJR 4, MMPA Section 109.pdf SCRA 3/28/2017 3:30:00 PM
SJR 4
SJR 4, New Jersey Statutes.pdf SCRA 3/28/2017 3:30:00 PM
SJR 4
SJR 4, New York Statutes.pdf SCRA 3/28/2017 3:30:00 PM
SJR 4