Legislature(2017 - 2018)BELTZ 105 (TSBldg)
04/10/2017 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearings | |
| SB58 | |
| HB108 | |
| SB100 | |
| HB106 | |
| Confirmation Hearings | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | SB 58 | TELECONFERENCED | |
| + | HB 108 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 100 | TELECONFERENCED | |
| += | HB 106 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
April 10, 2017
1:35 p.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Mia Costello
Senator Kevin Meyer
Senator Pete Kelly
Senator Bill Wielechowski
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARINGS
Alaska State Commission for Human Rights
Drew Phoenix - Fairbanks
David A. Barton - Anchorage
- CONFIRMATIONS ADVANCED
Alaska Judicial Council
Lynn Gallant - Anchorage
- CONFIRMATION ADVANCED
SENATE BILL NO. 58
"An Act relating to the Department of Law public advocacy
function to participate in matters that come before the Federal
Energy Regulatory Commission."
- HEARD & HELD
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 108(JUD)
"An Act adopting and relating to the Revised Uniform Fiduciary
Access to Digital Assets Act; and relating to a specific
electronic communications power that a principal may select for
an agent under the statutory form power of attorney."
- MOVED CSHB 108(JUD) OUT OF COMMITTEE
SENATE BILL NO. 100
"An Act relating to municipal liens."
- MOVED SB 100 OUT OF COMMITTEE
HOUSE BILL NO. 106
"An Act allowing appropriations to the civil legal services fund
from court filing fees."
- MOVED SCS HB 106(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 58
SHORT TITLE: DEPT OF LAW: ADVOCACY BEFORE FERC
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/13/17 (S) READ THE FIRST TIME - REFERRALS
02/13/17 (S) RES, JUD, FIN
03/20/17 (S) RES AT 3:30 PM BUTROVICH 205
03/20/17 (S) Heard & Held
03/20/17 (S) MINUTE(RES)
03/22/17 (S) RES AT 3:30 PM BUTROVICH 205
03/22/17 (S) Moved SB 58 Out of Committee
03/22/17 (S) MINUTE(RES)
03/23/17 (S) RES RPT 2DP 4NR 1AM
03/23/17 (S) DP: GIESSEL, COGHILL
03/23/17 (S) NR: HUGHES, VON IMHOF, STEDMAN, MEYER
03/23/17 (S) AM: WIELECHOWSKI
04/10/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 108
SHORT TITLE: FIDUCIARY ACCESS TO DIGITAL ASSETS
SPONSOR(s): CLAMAN
02/08/17 (H) READ THE FIRST TIME - REFERRALS
02/08/17 (H) L&C, JUD
03/08/17 (H) L&C AT 3:15 PM BARNES 124
03/08/17 (H) Heard & Held
03/08/17 (H) MINUTE(L&C)
03/10/17 (H) L&C AT 3:15 PM BARNES 124
03/10/17 (H) Moved HB 108 Out of Committee
03/10/17 (H) MINUTE(L&C)
03/13/17 (H) L&C RPT 7DP
03/13/17 (H) DP: SULLIVAN-LEONARD, STUTES, WOOL,
JOSEPHSON, BIRCH, KNOPP, KITO
03/24/17 (H) JUD AT 1:00 PM GRUENBERG 120
03/24/17 (H) Heard & Held
03/24/17 (H) MINUTE(JUD)
03/29/17 (H) JUD AT 1:00 PM GRUENBERG 120
03/29/17 (H) Moved CSHB 108(JUD) Out of Committee
03/29/17 (H) MINUTE(JUD)
03/31/17 (H) JUD RPT CS(JUD) NT 2DP 5NR
03/31/17 (H) DP: LEDOUX, CLAMAN
03/31/17 (H) NR: EASTMAN, KOPP, KREISS-TOMKINS,
FANSLER, REINBOLD
04/05/17 (H) TRANSMITTED TO (S)
04/05/17 (H) VERSION: CSHB 108(JUD)
04/06/17 (S) READ THE FIRST TIME - REFERRALS
04/06/17 (S) JUD
04/10/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 100
SHORT TITLE: MUNICIPAL LIENS: AUTHORITY FOR & PRIORITY
SPONSOR(s): EGAN BY REQUEST
03/29/17 (S) READ THE FIRST TIME - REFERRALS
03/29/17 (S) JUD
04/07/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/07/17 (S) Heard & Held
04/07/17 (S) MINUTE(JUD)
04/10/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 106
SHORT TITLE: CIVIL LEGAL SERVICES FUND
SPONSOR(s): FANSLER
02/06/17 (H) READ THE FIRST TIME - REFERRALS
02/06/17 (H) JUD, FIN
02/15/17 (H) JUD AT 1:30 PM GRUENBERG 120
02/15/17 (H) Heard & Held
02/15/17 (H) MINUTE(JUD)
02/20/17 (H) JUD AT 1:30 PM GRUENBERG 120
02/20/17 (H) Moved HB 106 Out of Committee
02/20/17 (H) MINUTE(JUD)
02/22/17 (H) JUD RPT 3DP 1NR
02/22/17 (H) DP: KOPP, FANSLER, CLAMAN
02/22/17 (H) NR: REINBOLD
03/06/17 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/06/17 (H) Heard & Held
03/06/17 (H) MINUTE(FIN)
03/16/17 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/16/17 (H) Moved HB 106 Out of Committee
03/16/17 (H) MINUTE(FIN)
03/17/17 (H) FIN RPT 6DP 4NR
03/17/17 (H) DP: KAWASAKI, ORTIZ, GUTTENBERG, GRENN,
SEATON, FOSTER
03/17/17 (H) NR: WILSON, PRUITT, THOMPSON, TILTON
03/24/17 (H) TRANSMITTED TO (S)
03/24/17 (H) VERSION: HB 106
03/27/17 (S) READ THE FIRST TIME - REFERRALS
03/27/17 (S) JUD, FIN
04/07/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/07/17 (S) Heard & Held
04/07/17 (S) MINUTE(JUD)
04/10/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
DAVID A. BARTON, Appointee
Alaska State Commission for Human Rights
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska State
Commission for Human Rights.
DREW PHOENIX, Appointee
Alaska State Commission for Human Rights
Fairbanks, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska State
Commission for Human Rights.
LYNNE GALLANT, Appointee
Alaska Judicial Council
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska
Judicial Council.
ED SNIFFEN, Assistant Attorney General
Civil Division
Regulatory Affairs & Public Advocacy (RAPA)
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Introduced SB 58 on behalf of the
administration.
SARA PERMAN, Staff
Representative Matt Claman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided supporting information for HB 108.
DEBRA BEHR, Member
Alaska Delegation
Uniform Law Commission
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 108.
SENATOR DENNIS EGAN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 100
KATHY WASSERMAN, Executive Director
Alaska Municipal League
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 100.
BILL FALSEY, Municipal Attorney
Municipality of Anchorage
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 100.
MARY SCHLOSSER, Staff
Representative Zach Fansler
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided supporting information related to
HB 106.
NIKOLE NELSON, Executive Director
Alaska Legal Services Corporation
Anchorage, Alaska
POSITION STATEMENT: Provided supporting data for HB 106.
JOSHUA HEMSAPH, representing himself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of the appointment of
Drew Phoenix for a position on the State Commission for Human
Rights.
REVEREND DR. MARTIN ELDRED, representing himself
Eagle River, Alaska
POSITION STATEMENT: Testified in support of the appointment of
Drew Phoenix for a position on the State Commission for Human
Rights.
REVEREND MICHAEL BURKE, representing himself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of the appointment of
Drew Phoenix for a position on the State Commission for Human
Rights.
REVEREND JULIA SEYMOUR, representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of the appointment of
Drew Phoenix for a position on the State Commission for Human
Rights.
ACTION NARRATIVE
1:35:31 PM
CHAIR JOHN COGHILL called the Senate Judiciary Standing
Committee meeting to order at 1:35 p.m. Present at the call to
order were Senators Costello, Kelly, Wielechowski, and Chair
Coghill. Senator Meyer joined the committee during the
introductory remarks.
^Confirmation Hearings
CONFIRMATION HEARINGS
Alaska State Commission for Human Rights
Alaska Judicial Council
1:37:19 PM
CHAIR COGHILL announced the first order of business would be
confirmation hearings of governor appointments to boards and
commissions.
He asked David Barton to tell the committee about his interest
in serving on the Alaska State Commission for Human Rights.
1:38:30 PM
DAVID A. BARTON, Appointee, Alaska State Commission for Human
Rights, Anchorage, Alaska, said works for the Northwest ADA
Information Center, specializing in technical assistance and
training for disability laws including the Americans with
Disabilities Act and the Fair Housing Act. He brings that
expertise to the commission. He has provided training and
technical assistance across the state for employers and state
and local government bodies. His interest in serving on the
commission is to ensure that disability receives more focus for
nondiscrimination.
CHAIR COGHILL asked if he had attended any commission meetings.
MR. BARTON said no but he attended an orientation meeting.
CHAIR COGHILL asked his perspective of the current human rights
statutes as they relate to the commission's work.
MR. BARTON clarified that he is not an advocate; his role has
been as a neutral party to help both the person with a
disability and the employer understand the law and court rulings
and come to some sort of resolution. That is what makes him a
good candidate for the commission.
1:44:31 PM
SENATOR MEYER noted he is a cancer survivor and asked why his
resume says his interest in starting a marijuana business may be
a conflict of interest.
MR. BARTON replied he wanted full disclosure if he did decide to
open a marijuana business.
SENATOR KELLY asked if he is familiar with the resolution the
Human Rights Commission passed on November 2 regarding gender
identity and sexual orientation.
MR. BARTON said no.
SENATOR KELLY explained his question is based on resolution that
indicates that the current commission wants regulatory authority
to address discrimination based on sexual orientation and gender
identity. This is despite the fact that the current human rights
statutes do not include that. He read the resolution. He asked
Mr. Barton if he understands that the commission is charged with
carrying out the existing statutes.
MR. BARTON answered yes.
SENATOR KELLY asked if he believes the commission has the
authority to promulgate and enforce regulations that prohibit
discrimination based on sexual orientation and gender identity
even though that is not in the statutes.
MR. BARTON replied not if it's not in the statute at this time.
1:49:31 PM
SENATOR WIELECHOWSKI asked if he received a two-page letter from
anyone in the legislature with written questions regarding
sexual orientation and gender identity.
MR. BARTON said no.
SENATOR WIELECHOWSKI asked if it would indicate that
discrimination was occurring if one candidate was asked a series
of questions about sexual orientation and gender identity and
another candidate was not asked those questions.
MR. BARTON said he'd need more details.
CHAIR COGHILL said it's hypothetical and he didn't know that
he'd push for an answer, "but the even handedness of asking
questions of both appointees is probably the place to go."
SENATOR WIELECHOWSKI asked if it would indicate there was
discrimination if one candidate was asked a detailed series of
questions and another candidate was not asked the questions.
MR. BARTON replied he would not say it is discrimination to ask
candidates different questions.
SENATOR KELLY said he started to ask Mr. Barton the same
questions he sent Mr. Phoenix, but his first answer indicated he
understands the role of the Human Rights Commission.
1:52:06 PM
CHAIR COGHILL thanked Mr. Barton for being willing to serve.
MR. BARTON thanked the committee for the opportunity and offered
to answer additional questions as they might come up.
CHAIR COGHILL stated that the committee would next hear from
Drew Phoenix, appointee to the Alaska State Commission for Human
Rights. He asked Mr. Phoenix to proceed as he saw fit.
1:53:19 PM
DREW PHOENIX, Appointee, Alaska State Commission for Human
Rights, Fairbanks, Alaska, suggested it might be easier if he
responded to questions as Senator Kelly asks them.
SENATOR KELLY asked Mr. Phoenix if he supports the Human Rights
Commission action when it passed Resolution 2016-02 concerning
regulations about sexual orientation and gender identity.
MR. PHOENIX stated that he does support the resolutions. "It
furthers the commission's mission of protecting Alaskans from
discrimination. And it's consistent with the developing body of
law interpreting the term 'sex.'"
SENATOR KELLY asked if the developing body of law is state or
federal law.
MR. PHOENIX replied both the federal EEOC and the April 4, 2017
7th Circuit U.S. Court of Appeals opinion in Hively v. Ivy Tech
Community College that "sex" includes "sexual orientation."
SENATOR KELLY asked if he believes that the Alaska State
Commission for Human Rights currently has the authority to
promulgate and enforce regulations that prohibit discrimination
based on sexual orientation and gender identity.
MR. PHOENIX replied:
The commission has the authority to adopt procedural
and substantive regulation to define terms found in
the Alaska Human Rights Law. So interpreting the term
"sex" to include "sexual orientation" is consistent
with the federal EEOC as well as the 7th Circuit U.S.
Court of Appeals. Given that, I believe the commission
would be within its authority to interpret the term as
these two entities have done so. But as with any
administrative body, there are limits to the authority
to promulgate regulations, but these limits are
generally worked out in the process of adopting the
regulation such as the legislature's Administrative
Regulation Review Committee, which would examine and
comment on any proposed regulations or within the core
system.
Without a thorough briefing, I would not be prepared
to say today that the commission does not have the
authority to adopt a regulation interpreting the term
"sex."
SENATOR KELLY asked if a school would be guilty of
discrimination if it prohibited a student who is biologically
male, but whose gender identity is female, from using the girl's
bathroom and joining the girl's athletic team.
1:57:45 PM
SENATOR WIELECHOWSKI called a point of order. He said he assumes
that this hypothetical question will be prohibited just as his
earlier question was deemed hypothetical and thus prohibited.
CHAIR COGHILL asked Senator Kelly if he could narrow his
question.
SENATOR KELLY replied, "I just want to know if the candidate
would think that the Human Rights Commission has the authority
to claim that discriminatory based on the Alaska statutes. If
you don't want to allow that, it's fine."
CHAIR COGHILL said the question is fine, but the hypothetical
nature is problematic.
SENATOR KELLY said Mr. Phoenix isn't as much a concern as the
comments and direction the current Human Rights Commission is
taking. "If the candidate wants to serve the state of Alaska,
all right. I don't want to put them on any kind of undue cross
examination. I'm more concerned about the commission and if this
well-meaning person wants to join the commission, God bless him.
I may not vote for him, but I kind of want to know what they're
going to do with a commission that is already a little bit
rogue." He withdrew any further questions.
CHAIR COGHILL asked Mr. Phoenix if he wanted to comment on the
Senator's point.
MR. PHOENIX asked if he was referring to the hypothetical on the
high school student.
CHAIR COGHILL mentioned the gender identity bill being debated
in another committee and the controversy over bathroom use based
on gender at birth as opposed to gender identity. He posited
that the issue would make its way into the Human Rights
Commission if it hasn't already.
MR. PHOENIX said he believes there is a lot of misunderstanding
about what it means to be transgender. He continued:
There is no risk posed to the public by allowing
transgender individuals to use the bathroom that
corresponds to their identity. And there is no
evidence of a problem with abuse of gender identity
protections for the purpose of accessing bathrooms. On
the other hand, study after study suggests that the
rate of suicide among transgender youth goes down in
places where there are greater legal protections.
But of course, the courts will have to consider the
evidence and the current state of the law when
determining whether illegal discrimination has
occurred.
CHAIR COGHILL advised that the committee was trying to determine
how he would look at the law and if he would defer to the
legislature for policy calls.
And I think both you and Mr. Barton have got a depth
of knowledge in your respective arenas and we were
just trying to figure out - and I even called Mr.
Barton an advocate and I think I even called you an
advocate because when you're knowledgeable in a
certain area, certainly that is going to become a
focus for being on the commission. So those are
legitimate areas for discussion and I think you just
nailed it saying that the law would be your driver, if
I understand correctly.
MR. PHOENIX replied, "That is correct."
CHAIR COGHILL thanked Mr. Phoenix and noted that four people
wanted to testify on his behalf. He advised that the public
testimony would be heard during the last 15 minutes of the
meeting.
2:03:30 PM
CHAIR COGHILL asked Lynne Gallant to tell the committee about
her interest in serving on the Alaska Judicial Council.
2:03:54 PM
LYNNE GALLANT, Appointee, Alaska Judicial Council, Anchorage,
Alaska, said she works part time as a neonatal nurse at
Providence Alaska Medical Center. When Governor Walker was
elected, she applied for the Board of Nursing as a professional
and the Alaska Judicial Council as a public member. She attended
her first meeting several weeks ago when the council evaluated
17 applicants for the two Anchorage Superior Court positions. It
was an eye opening and interesting experience and she looks
forward to continuing that work if confirmed.
CHAIR COGHILL asked what was new or surprising when she attended
the meeting.
MS. GALLANT said she was struck by the quality of the attorneys
and public members on the council and with the diligence with
which they reviewed and evaluated the judicial candidates.
CHAIR COGHILL thanked Ms. Gallant for being willing to serve.
MS. GALLANT mentioned pending legislation and offered her
perspective on professional versus public members that serve on
boards and commissions.
SENATOR KELLY asked if Board of Nursing members are confirmed by
the legislature.
MS. GALLANT replied she did not believe so.
CHAIR COGHILL stated that the names considered today would be
forwarded to the full legislature for consideration.
SB 58-DEPT OF LAW: ADVOCACY BEFORE FERC
2:11:27 PM
CHAIR COGHILL announced the consideration of SB 58.
2:12:17 PM
ED SNIFFEN, Assistant Attorney General, Civil Division,
Regulatory Affairs & Public Advocacy (RAPA), Department of Law,
Anchorage, Alaska, introduced SB 58 on behalf of the
administration. He reminded the members that public utilities
and pipelines in Alaska are regulated by the Regulatory
Commission of Alaska (RCA). The RCA pays for the regulations by
assessing the utilities a regulatory cost charge (RCC), which is
passed along to consumers through their utility bills. To ensure
that the public interest is protected, the attorney general is
allowed by statute to participate before the RCA to make sure
those rates are just and reasonable; DOL also receives part of
that regulatory cost charge.
MR. SNIFFEN said he had a short PowerPoint to help explain what
the regulatory cost charge is and where it comes from.
What is the regulatory cost charge (RCC)?
The RCC is a fee assessed on public utilities and
pipelines that are regulated by the Regulatory
Commission of Alaska (RCA). It is created by AS
42.05.254 and AS 42.06.286.
Who Pays RCCs?
Utilities and pipelines that are regulated by the RCA,
including over 125 public utilities and about 20
common carrier pipelines with in-state deliveries.
These utilities and pipelines may pass the charge on
to customers that benefit from RCA regulation. Each
year, the RCA assesses RCCs to utilities and pipelines
based on the amount of work required for each industry
sector.
What does the RCC pay for?
The money collected in the RCC provides funding for
the Regulatory Commission of Alaska (RCA), which is
responsible for the economic regulation of public
utilities and intrastate common carrier pipelines in
Alaska, and the Regulatory Affairs and Public Advocacy
(RAPA) section in the Department of Law, which is
charged with advocating for the public interest in
matters related to the economic regulation of public
utilities and pipelines. It pays for just and
reasonable rates for utility and pipeline customers.
How much is it?
Total RCCs cannot exceed 0.87 percent of the adjusted
gross revenue (revenue derived from operations in
Alaska) of the regulated utilities and pipelines.
Statute allocates that 0.87 percent between the RCA
and RAPA. RCCs funding the RCA cannot exceed 0.7
percent and RCCs funding RAPA cannot exceed 0.17
percent.
RAPA's 2017 Budget.
For 2017, the statutory cap for the Department of Law
was $2,374,390. The budget submitted last year was for
$2,333,700, which is $40,690 under the cap. The pie
chart shows that DOL spent about 7 percent of the time
on pipeline matters that came before the RCA; the rest
of the time was spent on utility matters. SB 58
doesn't ask to grow the size of the pie; it would just
allow DOL to change the shape of the pieces.
What would SB 58 change?
This bill does not change the 0.17 percent RCC cap or
create new authority for the attorney general to
participate in matters before FERC. The bill will
allow some costs incurred by the department in matters
before FERC (TAPS pipeline tariffs) in the pipeline
RCC. This bill might increase the amount of RCC
allocated to pipelines. Because the size of the "pie"
is not changing, an increase in the pipeline RCC would
reduce the RCC paid by utilities.
2:16:52 PM
How would SB 58 impact consumers?
Pipelines can pass the RCC on to customers for in-state
shipments. This increase would not be significant because
the cost is spread across all regulated pipelines and each
unit of oil or gas shipped. For example, adding $100,000 to
the pipeline RCC for the last two quarters of 2016 would
increase the pipeline RCC surcharge by about 0.041 percent.
A $10,000 billing to a pipeline customer would increase by
$4.10. The $4.10 surcharge helps ensure the $10,000 bill is
"just and reasonable."
Why now?
For over 30 years, outside counsel has represented the
state on FERC pipeline matters. To reduce costs, DOL is
developing the necessary expertise and bringing more of
this work in-house. In the process of budgeting for this
increased in-house workload and searching for budget
efficiencies, it came to our attention that the RCC may be
an appropriate funding source.
Will SB 58 impact AK LNG?
No.
Is there a check on RCC spending?
Yes. RCCs to fund RAPA cannot exceed the 0.17 percent cap.
RAPA's budget is submitted to the RCA for review of RAPA's
certified costs in a public docket where any interested
party can comment.
2:18:23 PM
SENATOR MEYER asked if the attorney general him/herself
participates as a party before the RCA or his or her designee.
MR. SNIFFEN replied the attorney general designee, generally
someone in the RAPA section.
SENATOR COSTELLO asked if the RCA has an opinion on the bill.
MR. SNIFFEN replied DOL has talked with the RCA on several
occasions and it has not voiced opposition.
CHAIR COGHILL noted that, as judiciary chair, he has not
received any negative comments from the RCA.
SENATOR MEYER informed members that RCA Commissioner Norm
Rokeberg testified in support of the bill in a previous
committee.
SENATOR WIELECHOWSKI asked how much the statutory cap would need
to be increased to fully cover RAPA's budgetary needs.
MR. SNIFFEN estimated that the 0.17 percent cap would need to be
increased to 0.23 percent.
CHAIR COGHILL thanked Mr. Sniffen and announced he would hold SB
58 in committee for further review.
HB 108-FIDUCIARY ACCESS TO DIGITAL ASSETS
2:21:06 PM
CHAIR COGHILL announced the consideration of HB 108. [CSHB
108(JUD) was before the committee.]
2:21:28 PM
SARA PERMAN, Staff, Representative Matt Claman, Alaska State
Legislature, stated that this legislation is a companion to
Senator Hughes's bill regarding fiduciary access to digital
assets. Both sponsors believe this topic is important because
Alaska has a large and rapidly growing senior population. The
House Judiciary Committee passed a committee substitute (CS)
that adopts the language in SB 16. She deferred explanation to
Ms. Behr.
2:22:35 PM
DEBRA BEHR, Member, Alaska Delegation, Uniform Law Commission,
Juneau, Alaska confirmed that CSHB 108(JUD) incorporates the
material in SB 16. The only major difference was in Section 1
that deals with the Alaska statutory power of attorney form.
Someone who uses the statutory form found on page 3, lines 26-
28, can affirm that they want their fiduciary to have access to
their electronic communications. She provided an example to
demonstrate the importance of an individual either signing the
online tool or giving explicit authority to access their
electronic communications. This is a statutory form that needs
to be changed, she said
CHAIR COGHILL found no questions and solicited a motion.
2:25:16 PM
SENATOR COSTELLO moved to report CSHB 108(JUD), version R, from
committee with individual recommendations and attached fiscal
note(s).
SENATOR COGHILL found no objection and CSHB 108(JUD) was
reported from the Senate Judiciary Standing Committee.
SB 100-MUNICIPAL LIENS: AUTHORITY FOR & PRIORITY
2:26:10 PM
CHAIR COGHILL announced the consideration of SB 100.
SENATOR DENNIS EGAN, sponsor of SB 100, Alaska State
Legislature, stated that the bill has no opposition.
2:27:04 PM
KATHY WASSERMAN, Executive Director, Alaska Municipal League,
Juneau, Alaska, described SB 100 as a housekeeping bill that
will fix an unintended consequence and allow municipalities to
again file leans. They were prohibited following the Cutler v.
Kodiak Island Borough decision. She noted the letters of support
from Anchorage, Juneau, Fairbanks, Kenai, Sitka, and Kodiak.
2:28:16 PM
BILL FALSEY, Municipal Attorney, Municipality of Anchorage,
Anchorage, Alaska, advised that the Anchorage Assembly last year
identified a legislative priority to change state law and
restore the ability of municipalities to protect citizens by
recording liens. SB 100 would accomplish that goal. It addresses
an unintended consequence of a lawsuit concerning disgruntled
citizens who filed liens against the personal property of the
Anchorage mayor and various assembly members. He said that
municipal liens were swept into the same net when that nefarious
practice was eliminated. He suggested members look at Title 34
and the variety of liens the legislature allows for citizens to
secure their debts.
2:30:26 PM
CHAIR COGHILL found no questions and solicited a motion.
2:30:50 PM
SENATOR COSTELLO moved to report SB 100, version J, from
committee with individual recommendations and attached fiscal
note(s).
CHAIR COGHILL announced that without objection, SB 100 is
reported from the Senate Judiciary Standing Committee.
HB 106-CIVIL LEGAL SERVICES FUND
2:31:16 PM
CHAIR COGHILL announced the consideration of HB 106 and noted
that this was the second hearing. He asked the sponsor's staff
if she had anything to add before he proposed an amendment.
2:31:55 PM
MARY SCHLOSSER, Staff, Representative Zach Fansler, Alaska State
Legislature, pointed out that 48 other states fund organizations
like the Alaska Legal Services Corporation and 33 of those
states use court fees to do so.
CHAIR COGHILL observed that this is a funding source that has
been debated for many years and he struggles with designated
financing. He advised that he would offer an amendment to reduce
the appropriation from 25 percent to five percent.
2:33:41 PM
SENATOR WIELECHOWSKI asked what percentage other states use to
fund their civil legal services organizations.
MS. SCHOLSSER said it varies depending on the size of the state.
She suggested Ms. Nelson might have additional information.
2:34:48 PM
NIKOLE NELSON, Executive Director, Alaska Legal Services
Corporation, Anchorage, Alaska, agreed with Ms. Scholsser that
the funding is based on the population of the state. Large
states such as Texas provide $8-9 million in a straight
appropriation plus $14-15 million in a fee appropriation.
Wyoming, which is comparable to Alaska, appropriates $1.3 in
filing fees per year.
SENATOR WIELECHOWSKI asked how much Alaska currently
appropriates.
MS. NELSON replied the appropriation for ALSC is currently
$450,000.
SENATOR WIELECHOWSKI observed that HB 106 would bring Alaska
close to Wyoming.
CHAIR COGHILL mentioned the amendment he intended to offer.
2:36:13 PM
SENATOR COSTELLO noted that ALSC is prohibited from
participating in certain cases, one of which is cases where a
private attorney would take the case on a contingency fee basis.
She asked, "How do you find out whether or not an attorney would
take such a case?"
MS. NELSON said there are two means. First, ALSC does not take
personal injury cases because private attorneys typically take
those types of cases on a contingency fee basis. Second, ALSC
does not take cases it determines a private attorney might be
willing to take. In that instance ALSC requires the person to
get three refusals from the private bar.
2:37:19 PM
SENATOR MEYER asked if some lawyers do pro bono work on these
cases.
MR. NELSON said yes; over 100 cases per year are taken on by
private attorneys through ALSC's pro bono program. She estimated
that private attorneys volunteered over $0.5 million hours in
donated hours last year.
SENATOR MEYER asked if private attorneys contribute financially.
MS. NELSON said yes through a private giving campaign.
CHAIR COGHILL advised that the bill would provide just short of
$500,000 and his amendment would reduce it to $100,000. He
solicited a motion.
2:39:06 PM
SENATOR COSTELLO moved Amendment 1, labeled 30-LS0397\A.1.
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR COGHILL
TO: HB 106
Page 1, line 8:
Delete "25"
Insert "five"
CHAIR COGHILL objected to explain that the appropriation would
be reduced from 25 percent to 5 percent. He shared that he would
have difficulty moving the bill without the amendment.
SENATOR WIELECHOWSKI objected to Amendment 1, asserting that the
ALSC is funded at a much lower rate than it should be. He
reviewed some of the documentation in the bill packet including
the May 2000 Alaska Supreme Court Access to Civil Justice
Taskforce report that recommended funding ALSC at the 1982
level, at a minimum. If that were the case, their inflation
adjusted budget would be over $10 million. Five percent does not
go far enough, he said.
CHAIR COGHILL said he didn't blame him for objecting, but he
could not support this funding source when state agency budgets
are being cut so drastically.
SENATOR COSTELLO mentioned the prohibition against dedicated
funding and observed that even without the amendment, there is
no guarantee that 25 percent [of court filing fees] would be
appropriated to the ALSC fund.
CHAIR COGHILL agreed that the legislature has the ability to
designate but is not allowed to dedicate funds.
He asked Senator Wielechowski if he maintained his objection.
2:42:34 PM
SENATOR WIELECHOWSKI noted his minority standpoint and withdrew
his objection.
SENATOR MEYER asked the chair if he withdrew his objection.
CHAIR COGHILL said yes and solicited a motion.
2:43:11 PM
SENATOR COSTELLO moved to report HB 106, as amended, from
committee with individual recommendations and attached fiscal
note(s).
CHAIR COGHILL announced that without objection SCS HB 106(JUD)
is reported from the Senate Judiciary Standing Committee
^Confirmation Hearings
CONFIRMATION HEARINGS
2:44:17 PM
CHAIR COGHILL opened public testimony on the appointment of Drew
Phoenix to the State Commission for Human Rights.
2:44:21 PM
JOSHUA HEMSAPH, representing himself, Anchorage, Alaska,
testified in support of the appointment of Drew Phoenix to the
State Commission for Human Rights. He said he has known Mr.
Phoenix for five years during which he served in a range of
positions. As an ordained minister he has always demonstrated
the meaning of compassion and standing for justice. These are
two traits that are vital to the commission.
Mr. Hemsaph said he came to know Mr. Phoenix when he served as
the first paid executive director for Identity Inc., Alaska's
statewide LGBTQ education service organization. Together they
worked with the Anchorage Chamber of Commerce and the Anchorage
Economic Development Corporation to encourage local business to
adopt inclusive workplace practices. In that capacity Mr.
Phoenix became a go-to resource for workplaces looking to update
their policies.
He asserted that Mr. Phoenix is highly qualified and committed
to the values and organizing principles of the State Commission
on Human Rights which is why he was appalled to hear the
questions that were directed toward Mr. Phoenix at the last
meeting. "The commission is an apolitical body designed to fact-
find and set policy that protects both employees and employers.
Any line of questioning that puts politics or other subjects
ahead of the work of the commission is disrespectful to the
appointees, the commission, and the people of Alaska whom this
body governs and serves." He urged the committee to move forward
with the confirmation of Mr. Phoenix.
CHAIR COGHILL said the questioning was not meant to be
disrespectful. "Things do get political in the political arena."
2:47:07 PM
REVEREND DR. MARTIN ELDRED, representing himself, Eagle River,
testified in support of the appointment of Drew Phoenix to the
State Commission for Human Rights. He said he has known Mr.
Phoenix since 2009 and has worked with him on a variety of
projects supporting equal rights and education to break down the
barriers and misconceptions particularly of the transgender
community. Mr. Phoenix is an intelligent, articulate individual
who is passionate and compassionate for those who are struggling
with what they see as changes in the world. "Drew does a good
job of educating in a gentle way. He is a good friend, he is a
colleague, and I think he could only help our state as we
continue to seek to be the best we can as a state and guarantee
the individual rights for all people in our state."
2:48:59 PM
REVEREND MICHAEL BURKE, representing himself, Anchorage, Alaska,
testified in support of the appointment of Drew Phoenix to the
State Commission for Human Rights. He said he worked with Mr.
Phoenix over a period of seven years on several different
community issues. They disagreed on several things - including
some of the items discussed earlier today, but three things
stand out. First, he is not an ideology; he works to bring
people together and identify common ground. Second, he listens
to understand and he makes careful distinctions. Third, he is a
calm and reasonable voice.
2:51:36 PM
REVEREND JULIA SEYMOUR, representing herself, Anchorage, Alaska,
testified in support of the appointment of Drew Phoenix to the
State Commission for Human Rights. She said she has known Mr.
Phoenix since 2011 and worked with him on a variety of issues.
She said as an Alaskan woman, the mother of two small children,
the wife of a lieutenant colonel in the Army, and a Christian
minister, Mr. Phoenix is one of the most compassionate Alaskans
she knows. He has the ability to listen patiently to people who
disagree with him and respond with grace when he's under fire.
"As was in evidence in last week's questioning and in testimony
today." She said Alaska could not be better served. "We need
people from a wide body of backgrounds and skillsets to be aware
of what the rights of people are, how to pay attention to the
competition, how to encourage the legislature to continue to
help us to be the Great Land and frontier that is appealing to
all kinds of people that we know we are. Drew is really the
candidate for that position."
2:53:00 PM
CHAIR COGHILL stated that in accordance with AS 39.05.080, the
Senate Judiciary Standing Committee reviewed the following and
recommends the appointments be forwarded to a joint session for
consideration: Alaska Police Standards Council - Bryce Johnson;
Board of Governors of the Alaska Bar - William Granger; State
Commission for Human Rights - David A. Barton and Drew Phoenix;
and Alaska Judicial Council - Lynn Gallant.
He reminded members that signing the reports regarding
appointments to boards and commissions in no way reflects
individual members' approval or disapproval of the appointees,
and that the nominations are merely forwarded to the full
legislature for confirmation or rejection.
2:54:21 PM
There being no further business to come before the committee,
Chair Coghill adjourned the Senate Judiciary Standing Committee
meeting at 2:54 p.m.