03/09/2020 01:30 PM Senate JUDICIARY
| Audio | Topic | 
|---|---|
| Start | |
| Confirmation Hearing(s) | |
| SJR13 | |
| Confirmation Hearings | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | SJR 13 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | SB 191 | TELECONFERENCED | |
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         March 9, 2020                                                                                          
                           1:33 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator John Coghill, Chair                                                                                                     
Senator Peter Micciche, Vice Chair                                                                                              
Senator Shelley Hughes                                                                                                          
Senator Lora Reinbold                                                                                                           
Senator Jesse Kiehl                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S)                                                                                                         
                                                                                                                                
Commission on Judicial Conduct                                                                                                
Todd Fletcher - Anchorage                                                                                                       
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
Select Committee on Legislative Ethics                                                                                        
Deborah Fancher -Anchorage                                                                                                      
Lee Holmes - Anchorage                                                                                                          
                                                                                                                                
     - CONFIRMATIONS ADVANCED                                                                                                   
                                                                                                                                
Alaska State Commission for Human Rights                                                                                      
William Craig - Sitka                                                                                                           
Elizabeth "Betsy" Engle - Fairbanks                                                                                             
Kyle Foster - Anchorage                                                                                                         
Evelyn Falzerano - Anchorage                                                                                                    
                                                                                                                                
     - CONFIRMATIONS ADVANCED                                                                                                   
                                                                                                                                
SENATE JOINT RESOLUTION NO. 13                                                                                                  
Proposing an amendment to the Constitution of the State of                                                                      
Alaska relating to abortion.                                                                                                    
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
SENATE BILL NO. 191                                                                                                             
"An  Act  relating  to  trusts   and  trustees,  including  trust                                                               
division, the  powers of trustees,  delayed gifts to  trusts, and                                                               
community property trusts; and providing for an effective date."                                                                
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SJR 13                                                                                                                  
SHORT TITLE: CONST. AM: PROHIBIT ABORTION/FUNDING                                                                               
SPONSOR(s): SENATOR(s) HUGHES                                                                                                   
                                                                                                                                
01/21/20       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/21/20       (S)       HSS, JUD, FIN                                                                                          
02/26/20       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
02/26/20       (S)       Heard & Held                                                                                           
02/26/20       (S)       MINUTE(HSS)                                                                                            
03/06/20       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
03/06/20       (S)       Moved SJR 13 Out of Committee                                                                          
03/06/20       (S)       MINUTE(HSS)                                                                                            
03/09/20       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
TODD FLETCHER, Appointee                                                                                                        
Commission on Judicial Conduct                                                                                                  
Alaska Court System;                                                                                                            
Branch Manager, Wells Fargo Advisors                                                                                            
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified as appointee to the Commission on                                                               
Judicial Conduct.                                                                                                               
                                                                                                                                
DEBORAH FANCHER, Appointee                                                                                                      
Select Committee on Legislative Ethics                                                                                          
Legislative Affairs Agency                                                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified as appointee to the Select                                                                      
Committee on Legislative Ethics.                                                                                                
                                                                                                                                
LEE HOLMES, Appointee                                                                                                           
Select Committee on Legislative Ethics                                                                                          
Legislative Affairs Agency;                                                                                                     
Manager, The Superior Group, Inc.                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified as appointee to the Select                                                                      
Committee on Legislative Ethics.                                                                                                
                                                                                                                                
WILLIAM CRAIG, Appointee                                                                                                        
Alaska State Commission for Human Rights                                                                                        
Office of the Governor                                                                                                          
Sitka, Alaska                                                                                                                   
POSITION STATEMENT: Testified as appointee to the Alaska State                                                                
Commission for Human Rights.                                                                                                    
                                                                                                                                
ELIZABETH BETSY ENGLE, Appointee                                                                                                
Alaska State Commission for Human Rights                                                                                        
Office of the Governor                                                                                                          
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified as appointee to the Alaska State                                                                
Commission for Human Rights.                                                                                                    
                                                                                                                                
KYLE FOSTER, Appointee                                                                                                          
Alaska State Commission for Human Rights                                                                                        
Office of the Governor;                                                                                                         
Executive Director, Aleutia                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified as appointee to the Alaska State                                                                
Commission for Human Rights.                                                                                                    
                                                                                                                                
EVELYN FALZERANO, Appointee                                                                                                     
Alaska State Commission for Human Rights                                                                                        
Office of the Governor                                                                                                          
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified as appointee to Alaska State                                                                    
Commission for Human Rights.                                                                                                    
                                                                                                                                
MARILYN STEWART, representing self                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: During consideration of governor appointees,                                                              
raised concern about racism associated with the Alaska State                                                                    
Commission for Human Rights.                                                                                                    
                                                                                                                                
KATRINA JACKSON, Senator                                                                                                        
Louisiana State Legislature                                                                                                     
Monroe, Louisiana                                                                                                               
POSITION STATEMENT: Testified during the hearing on SJR 13.                                                                   
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:33:49 PM                                                                                                                    
                                                                                                                                
CHAIR  JOHN   COGHILL  called   the  Senate   Judiciary  Standing                                                             
Committee meeting to order at 1:33  p.m. Present at call to order                                                               
were  Senators  Reinbold,  Kiehl,   Micciche,  Hughes  and  Chair                                                               
Coghill.                                                                                                                        
                                                                                                                                
^Confirmation Hearing(s)                                                                                                        
                    CONFIRMATION HEARING(S):                                                                                
                 Commission on Judicial Conduct                                                                             
             Select Committee on Legislative Ethics                                                                         
            Alaska State Commission for Human Rights                                                                        
                                                                                                                                
1:34:50 PM                                                                                                                    
CHAIR COGHILL  announced that the  first order of  business would                                                               
be  consideration of  governor appointees  for the  Commission on                                                               
Judicial  Conduct,  Commission  on Legislature  Ethics,  and  the                                                               
Alaska State Commission for Human Rights.                                                                                       
                                                                                                                                
He asked Mr.  Fletcher to explain his interest in  serving on the                                                               
Commission on Judicial Conduct.                                                                                                 
                                                                                                                                
1:35:39 PM                                                                                                                    
TODD FLETCHER, Appointee, Commission  on Judicial Conduct, Alaska                                                               
Court System;  Branch Manager,  Wells Fargo  Advisors, Anchorage,                                                               
Alaska, said  he is a  lifelong Alaskan. He related  his interest                                                               
in serving on the board was  to work with judges and attorneys to                                                               
be certain  that ethics in  the Alaska  Court System are  held to                                                               
the highest standards. He stated  that the public member can help                                                               
the commission make the best decisions to address any concerns.                                                                 
                                                                                                                                
1:38:06 PM                                                                                                                    
SENATOR  REINBOLD remarked  that  she wanted  to  be sure  judges                                                               
recuse themselves when it is appropriate.                                                                                       
                                                                                                                                
MR.  FLETCHER agreed  that recusals  are important.  He said  the                                                               
public member of the commission  would want to ensure that judges                                                               
recused themselves.                                                                                                             
                                                                                                                                
1:39:14 PM                                                                                                                    
SENATOR MICCICHE said he assumed  that members of the public were                                                               
also able to  bring complaints regarding judicial  conduce to the                                                               
board. He noted that Mr. Fletcher  had been serving since May and                                                               
asked what goals he had to improve the process.                                                                                 
                                                                                                                                
MR. FLETCHER answered  that he was relatively new  but he noticed                                                               
other  members have  focused  on working  together  and with  the                                                               
executive  director to  improve  the process.  He indicated  that                                                               
going  forward  he  would  be   alert  to  any  areas  that  need                                                               
improvement.                                                                                                                    
                                                                                                                                
1:41:00 PM                                                                                                                    
SENATOR MICCICHE said he was pleased  to hear that he was willing                                                               
to challenge the process to help improve it.                                                                                    
                                                                                                                                
MR.  FLETCHER  responded  that  the  judges  and  attorneys  help                                                               
provide  insight on  how matters  are handled  and ways  that the                                                               
process can be improved.                                                                                                        
                                                                                                                                
CHAIR  COGHILL  stated  that  the  commission  consists  of  nine                                                               
members:  six of  whom  are  appointed by  the  governor -  three                                                               
public members who are not  judges, retired judges, or members of                                                               
the state Bar;  three attorneys who have practiced  law in Alaska                                                               
for   10  years,   from  nominations   provided   by  state   Bar                                                               
Association. The  commission also  consists of three  state court                                                               
judges. He stated  that Mr. Fletcher was appointed to  serve in a                                                               
public seat until March 1, 2023.                                                                                                
                                                                                                                                
1:42:24 PM                                                                                                                    
SENATOR REINBOLD asked whether he was an accountant.                                                                            
                                                                                                                                
MR.  FLETCHER answered  that  he earned  a  bachelor's degree  in                                                               
accounting, but he currently works as a bank manager.                                                                           
                                                                                                                                
SENATOR REINBOLD commented  on his bank's decision  to not invest                                                               
in  the  Arctic  and  then  asked whether  he  had  observed  any                                                               
judicial or political activism by the commission.                                                                               
                                                                                                                                
MR. FLETCHER  commented on his  company's position and  asked her                                                               
to repeat the question.                                                                                                         
                                                                                                                                
CHAIR COGHILL said her question was on judicial activism.                                                                       
                                                                                                                                
1:44:52 PM                                                                                                                    
SENATOR  REINBOLD   reframed  the   question  stating   that  the                                                               
committee will hear a resolution  relating to the abortion issue.                                                               
She recapped her  work with Senator Hughes on a  bill to minimize                                                               
abortions.  She said  the bill  passed the  legislature, but  the                                                               
court   reversed  it.   She  voiced   concern  saying   that  the                                                               
legislature  should  set policy,  not  the  judicial branch.  She                                                               
asked if he had observed any instances of this type of activity.                                                                
                                                                                                                                
MR. FLETCHER said he was not  aware of any judge participating in                                                               
fundraisers or  serving on committees  and had not  seen anything                                                               
related to activism from the commission.                                                                                        
                                                                                                                                
1:46:42 PM                                                                                                                    
CHAIR  COGHILL  advised  that   allegations  against  judges  and                                                               
justices relate  to the code  of conduct for judges  and activism                                                               
would  fall outside  that realm.  He acknowledged  that what  the                                                               
legislative branch deals with is political.                                                                                     
                                                                                                                                
SENATOR  REINBOLD  offered  her  view that  judicial  conduct  is                                                               
political activism.  She asked if  he sees  that his role  on the                                                               
commission is  to consider  instances when  someone has  an issue                                                               
with the judge being too lenient in sentencing.                                                                                 
                                                                                                                                
MR. FLETCHER answered that anyone who  has issues with a case can                                                               
report  it to  the executive  director. The  commission does  not                                                               
make decisions on any judicial  rulings on cases but investigates                                                               
whether   judges  and   attorneys  have   committed  any   ethics                                                               
violations. The  commission reviews  the process judges  take but                                                               
does not consider any specific decisions, he said.                                                                              
                                                                                                                                
SENATOR REINBOLD offered her view  that the judicial branch needs                                                               
more  constraints.  She  asked  him  to be  bold  and  not  defer                                                               
decisions to  the executive director.  She remarked that  many of                                                               
her constituents are disappointed in the judicial branch.                                                                       
                                                                                                                                
MR. FLETCHER  emphasized that he  takes his role  very seriously.                                                               
He  said he  believes in  the judicial  system, which  is why  he                                                               
would  like to  serve  on  the commission  and  help improve  the                                                               
process.                                                                                                                        
                                                                                                                                
1:51:31 PM                                                                                                                    
CHAIR COGHILL  asked Ms.  Fancher to tell  the committee  why she                                                               
wants to continue serving on  the Select Committee on Legislative                                                               
Ethics.                                                                                                                         
                                                                                                                                
1:52:10 PM                                                                                                                    
DEBORAH  FANCHER,  Appointee,  Select  Committee  on  Legislative                                                               
Ethics,  Legislative Affairs  Agency,  Anchorage, Alaska,  stated                                                               
that she  grew up  in Gakona,  which is  in Interior  Alaska. She                                                               
earned  a bachelor's  degree in  chemistry at  the University  of                                                               
Washington.  After working  for several  years in  public health,                                                               
she  spent 25  years  teaching chemistry.  She  has always  loved                                                               
Alaska and wanted  to give something back to  her community. When                                                               
she was  appointed to the  ethics committee three years  ago, she                                                               
had  a steep  learning  curve since  she does  not  have a  legal                                                               
background. She has  learned a significant amount  and would like                                                               
to serve another  term and continue to give back  to a state that                                                               
has given her so much.                                                                                                          
                                                                                                                                
1:53:49 PM                                                                                                                    
SENATOR  REINBOLD  recalled  that   she  served  briefly  on  the                                                               
committee with Ms. Fancher.                                                                                                     
                                                                                                                                
MS.  FANCHER suggested  that  she may  have  been thinking  about                                                               
serving with Joyce Anderson.                                                                                                    
                                                                                                                                
SENATOR  REINBOLD asked  if she  was serving  when the  committee                                                               
worked on the legislative ethics bill.                                                                                          
                                                                                                                                
MS. FANCHER said that's correct.                                                                                                
                                                                                                                                
SENATOR REINBOLD  asked if  any issues  regarding that  bill were                                                               
pressing.                                                                                                                       
                                                                                                                                
MS. FANCHER replied  there were significant issues  early on, but                                                               
many of the kinks have been worked out and things are better.                                                                   
                                                                                                                                
1:55:16 PM                                                                                                                    
SENATOR REINBOLD  suggested that her background  in chemistry and                                                               
health  as well  as her  work experience  will be  helpful during                                                               
what is likely to be a crisis related to the COVID virus.                                                                       
                                                                                                                                
CHAIR COGHILL commented that he  enjoyed serving on the committee                                                               
with Ms. Fancher. He thanked her for her willingness to serve.                                                                  
                                                                                                                                
1:56:54 PM                                                                                                                    
CHAIR  COGHILL  turned  to  the   consideration  of  Lee  Holmes,                                                               
appointee to the Select Committee on Legislative Ethics.                                                                        
                                                                                                                                
1:57:26 PM                                                                                                                    
LEE HOLMES,  Appointee, Select  Committee on  Legislative Ethics,                                                               
Legislative Affairs  Agency; Manager,  The Superior  Group, Inc.,                                                               
Anchorage, Alaska, said  that he is a 37-year  resident and works                                                               
as a  mechanical engineer.  His firm is  based out  of Anchorage,                                                               
but  he currently  works in  the  Fairbanks area.  He echoed  Ms.                                                               
Fancher's comments on  the importance for people to  give back to                                                               
the  state. He  has done  so in  his profession,  with non-profit                                                               
organizations, and the municipality.                                                                                            
                                                                                                                                
He was  appointed to serve on  the committee three years  ago and                                                               
found it to be a  fantastic learning experience. He remarked that                                                               
he  previously  thought  he  knew  a  considerable  amount  about                                                               
ethics, but he  has learned how little he  knew. He characterized                                                               
his  time  on  the  Select  Committee  on  Legislative  Ethic  as                                                               
challenging and  fulfilling. He emphasized the  importance of the                                                               
committee  work, to  ensure that  the government  is run  for the                                                               
people  and not  the legislature.  He  said he  looks forward  to                                                               
serving.                                                                                                                        
                                                                                                                                
1:59:28 PM                                                                                                                    
SENATOR   REINBOLD  remarked   on  his   resume,  including   his                                                               
certifications and service.                                                                                                     
                                                                                                                                
2:00:03 PM                                                                                                                    
SENATOR  HUGHES  commented  that  he  had a  very  long  list  of                                                               
credentials.                                                                                                                    
                                                                                                                                
MR. HOLMES thanked members for the opportunity to testify.                                                                      
                                                                                                                                
2:01:41 PM                                                                                                                    
CHAIR  COGHILL   turned  to  the   consideration  of   the  three                                                               
appointees to  the Alaska State  Commission for Human  Rights. He                                                               
reviewed  information about  the  commission,  which consists  of                                                               
seven members appointed by the  governor. The commission appoints                                                               
the  executive director,  who is  approved by  the governor.  The                                                               
commission elects  its chair. The  commission works  to eliminate                                                               
and  prevent discrimination  in employment,  in practices  by the                                                               
state  or its  political  subdivisions, in  credit and  financing                                                               
practices, in  places of public  accommodation, and in  the sale,                                                               
lease  or  rental  of real  property.  The  commission  processes                                                               
complaints from  the public,  holds hearings,  orders appropriate                                                               
relief,  and makes  an overall  assessment at  least every  three                                                               
years on  the progress made  toward equal  employment opportunity                                                               
by every state department. The  results are included in an annual                                                               
report to the legislature.                                                                                                      
                                                                                                                                
2:03:15 PM                                                                                                                    
WILLIAM  CRAIG,  Appointee,  Alaska State  Commission  for  Human                                                               
Rights,  Office  of  the Governor,  Sitka,  Alaska,  stated  that                                                               
serving on  the commission was a  way to give back  to the state.                                                               
He stated that Elizabeth Petrovitch  established the Alaska State                                                               
Commission for  Human Rights  in the 1940s.  He wants  to protect                                                               
the Constitution of the State of  Alaska, which he holds dear. He                                                               
remarked  that  he  has  been   most  active  with  the  National                                                               
Federation of  the Blind since he  became blind 29 years  ago. He                                                               
has served as  a board member for the National  Federation of the                                                               
Blind, Alaska, since  2013. He has also served as  a board member                                                               
for the Alaska  Independent Blind and on the  American Council of                                                               
the Blind.                                                                                                                      
                                                                                                                                
He  provided his  work history  in Alaska,  including the  Trans-                                                               
Alaska  Pipeline Service  Company, the  Alaska Pulp  Company, and                                                               
commercial fishing.                                                                                                             
                                                                                                                                
2:04:35 PM                                                                                                                    
CHAIR  COGHILL  asked   whether  he  had  attended   any  of  the                                                               
commission meetings.                                                                                                            
                                                                                                                                
MR.  CRAIG stated  that the  commission held  nine meetings  last                                                               
year.                                                                                                                           
                                                                                                                                
CHAIR COGHILL asked what skills he brings to the commission.                                                                    
                                                                                                                                
MR. CRAIG said he brings his  experience as a disabled person. He                                                               
has  worked on  voting rights  and issues  for the  blind at  the                                                               
federal level.                                                                                                                  
                                                                                                                                
2:06:22 PM                                                                                                                    
SENATOR REINBOLD  said she  was impressed  with his  activism for                                                               
the blind.  She asked him  to highlight the most  interesting and                                                               
important issues for the commission.                                                                                            
                                                                                                                                
MR. CRAIG said that the  commission has a new executive director,                                                               
so it is just getting organized.  He would like to help bring the                                                               
organization into the 21st century.  He said the commission needs                                                               
to work  on outreach  since it  is not well  known in  Alaska. He                                                               
reported that  the commission  settled 216  cases last  year. The                                                               
commission  handles  a wide  variety  cases.  Nothing stands  out                                                               
since all of the cases are important, he said.                                                                                  
                                                                                                                                
MR.  CRAIG  said the  commission  currently  is working  on  some                                                               
important issues,  but he would  not feel  comfortable discussing                                                               
them at this point.                                                                                                             
                                                                                                                                
2:08:29 PM                                                                                                                    
SENATOR  REINBOLD   said  she  was   pleased  that   outreach  is                                                               
important. She  asked whether he  could identify any  issues that                                                               
the legislature should address.                                                                                                 
                                                                                                                                
MR. CRAIG  answered no. He  said that  he was still  learning the                                                               
job.                                                                                                                            
                                                                                                                                
CHAIR COGHILL asked  him to comment on any issues  related to the                                                               
Capitol, which is an old building.                                                                                              
                                                                                                                                
MR. CRAIG answered  that the building has a lack  of braille. For                                                               
example, it is not possible to  order food since the lounge forms                                                               
are written  in cursive. The  building also lacks  visual display                                                               
and accessible technology, including  that many documents are not                                                               
appropriately   formatted   for   the  disabled   to   read.   He                                                               
acknowledged that  this issue was  not unique to Alaska.  He said                                                               
he  coordinates   with  the  director   of  the   Americans  with                                                               
Disabilities Act (ADA) and the  National Federation of the Blind.                                                               
He  has  been working  with  Congress  on  the  AIM High  Act  on                                                               
accessible  instructional  materials and  standardized  equipment                                                               
and documents.                                                                                                                  
                                                                                                                                
CHAIR COGHILL  thanked him for  his testimony and  willingness to                                                               
serve.                                                                                                                          
                                                                                                                                
2:13:20 PM                                                                                                                    
ELIZABETH  BETSY ENGLE,  Appointee, Alaska  State Commission  for                                                               
Human  Rights, Office  of the  Governor, Fairbanks,  Alaska, said                                                               
she  is originally  from the  Philippines and  is a  professional                                                               
civil engineer and a sanitary  engineer by training. In 1969, she                                                               
became the  first female engineer  registered in Alaska.  She has                                                               
44 years of  engineering work experience in  Alaska. She reviewed                                                               
her work  history, including that  she worked for  the Department                                                               
of Transportation & Public  Facilities, Tanana Chiefs Conference,                                                               
and the  Alyeska Pipeline Service  Company. She retired  in 2008,                                                               
but  volunteers  for  various community  non-profits  and  social                                                               
events.                                                                                                                         
                                                                                                                                
She  was  appointed to  the  Alaska  State Commission  for  Human                                                               
Rights on 5/28/2019  and reappointed on 3/1/2020.  She would like                                                               
to serve  because she brings  her professional experience  to the                                                               
commission.  She raised  one issue  related to  the building  the                                                               
commission uses in Anchorage. The  commission shares the building                                                               
with the  Department of Corrections, Probation  & Parole offices.                                                               
She  said she  does not  feel safe  sharing the  entrance to  the                                                               
building,  and that  holding executive  meetings on  confidential                                                               
matters is  not possible since  soundproofing is  inadequate. The                                                               
commission  has   been  holding   executive  meetings   at  other                                                               
buildings. She  said people have  been experiencing bug  bites in                                                               
the  bathroom  even  though  it has  been  fumigated  twice.  She                                                               
identified the location as 800 A Street.                                                                                        
                                                                                                                                
2:20:30 PM                                                                                                                    
CHAIR  COGHILL said  the committee  will take  her concerns  into                                                               
consideration. He thanked her for her willingness to serve.                                                                     
                                                                                                                                
2:21:53 PM                                                                                                                    
SENATOR   REINBOLD  commended   her  for   earning  a   Women  of                                                               
Distinction award in 2017.                                                                                                      
                                                                                                                                
MS. ENGLE  said she  admires the  composition of  the commission.                                                               
Having two  Filipinos and two  Native Americans  brings diversity                                                               
to the commission.                                                                                                              
                                                                                                                                
CHAIR  COGHILL  turned  to  the  confirmation  hearing  for  Kyle                                                               
Foster,  appointee  to  the Alaska  State  Commission  for  Human                                                               
Rights.                                                                                                                         
                                                                                                                                
2:23:32 PM                                                                                                                    
KYLE  FOSTER,  Appointee,  Alaska   State  Commission  for  Human                                                               
Rights,  Office of  the  Governor;  Executive Director,  Aleutia,                                                               
Anchorage, Alaska, said that he was  born in Sand Point and holds                                                               
a master's degree in Business  Administration from West Texas A&M                                                               
University, and  currently lives  in Anchorage.  He works  as the                                                               
executive  director  for  Aleutia,   which  is  a  small  fishing                                                               
organization  that  focuses  on   community  development  in  the                                                               
Aleutian  region. He  said that  he would  like to  serve on  the                                                               
commission  because  Alaska is  a  culturally  diverse state.  He                                                               
would   like  to   be  certain   that  opportunities   free  from                                                               
discrimination are  provided to Alaska's diverse  demographic. He                                                               
said that hoped  to use his background  and personal experiences.                                                               
He is an Alaska  Native and his wife is an  immigrant. He spent a                                                               
few  years  in  China  and   Mexico,  which  helped  broaden  his                                                               
perspective. He offered his view  that his diverse and culturally                                                               
rich  experiences along  with  his leadership  skills  will be  a                                                               
positive asset  to this commission.  He said that  he appreciated                                                               
their consideration.                                                                                                            
                                                                                                                                
2:24:45 PM                                                                                                                    
CHAIR COGHILL thanked him for  his willingness to serve. He asked                                                               
if he has had an opportunity to attend any commission meetings.                                                                 
                                                                                                                                
MR. FOSTER answered that he has  attended a few meetings and that                                                               
everyone is  new but is  working together  very well. He  said he                                                               
helped the commission hire a new executive director.                                                                            
                                                                                                                                
2:25:51 PM                                                                                                                    
SENATOR REINBOLD remarked on his  impressive background and asked                                                               
if he had any concerns or if he had identified any issues.                                                                      
                                                                                                                                
MR. FOSTER replied  he had not seen anything  glaring. He offered                                                               
his view that the new director  was doing a great job. He thanked                                                               
members for their support.                                                                                                      
                                                                                                                                
2:27:36 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
2:27:54 PM                                                                                                                    
CHAIR COGHILL reconvened the meeting.                                                                                           
                                                                                                                                
2:28:06 PM                                                                                                                    
EVELYN FALZERANO,  Appointee, Alaska  State Commission  for Human                                                               
Rights, Office of  the Governor, Anchorage, Alaska,  said she was                                                               
born  in  the   Philippines  and  holds  a   degree  in  business                                                               
administration and  accounting from  the University of  the East,                                                               
Manila. In  2001 she  moved to  the U.S.  and became  a bilingual                                                               
tutor  at Wonder  Park Elementary  School, helping  English as  a                                                               
second language  students. She  has been  working since  2006 for                                                               
Primerica  Financial Services,  helping people  become debt  free                                                               
and financially  independent. She  said she  is grateful  for the                                                               
opportunity to  serve and  give back to  her community.  She also                                                               
volunteers at events for the Filipino community.                                                                                
                                                                                                                                
2:32:43 PM                                                                                                                    
SENATOR REINBOLD  thanked her for  her willingness to  serve. She                                                               
was  happy to  hear  that she  wants  financial independence  for                                                               
Alaskans.                                                                                                                       
                                                                                                                                
MS. FALZERANO said she appreciates serving on the commission.                                                                   
                                                                                                                                
2:33:43 PM                                                                                                                    
MARILYN STEWART, representing  herself, Anchorage, Alaska, raised                                                               
concerns about the Alaska State  Commission for Human Rights that                                                               
she  thought amounted  to racism.  She  provided her  background,                                                               
including  that  she served  in  the  military  and in  1980  was                                                               
stationed  at  Fort  Richardson.  She  served  as  the  executive                                                               
director for the Bridge Builder  of Anchorage. She has worked for                                                               
four governors and two mayors in various positions.                                                                             
                                                                                                                                
She explained that Governor Dunleavy  appointed her in January to                                                               
serve as his director of  outreach. She applied for the executive                                                               
director position  with the Alaska State  Human Rights Commission                                                               
and served for a few weeks in  July. She met the criteria for the                                                               
job and had  two interviews. Six of the  seven commission members                                                               
supported  her appointment,  but Betsy  Engles voted  against it.                                                               
She had a  meeting with Commissioner Fullenwilder  and two former                                                               
commissioners.  She was  informed that  she was  incompetent, and                                                               
the commissioners did  not have any confidence in  her ability to                                                               
perform the  day to day duties  required. She was asked  to clean                                                               
out her desk and not return.                                                                                                    
                                                                                                                                
2:38:23 PM                                                                                                                    
CHAIR  COGHILL  recapped  that  she was  voted  in  as  executive                                                               
director by  the Alaska  State Commission  for Human  Rights, but                                                               
she was later let go.                                                                                                           
                                                                                                                                
MS. STEWART answered yes.                                                                                                       
                                                                                                                                
CHAIR  COGHILL  suggested  that   she  could  contact  individual                                                               
members about her concerns.                                                                                                     
                                                                                                                                
MS. STEWART  said she disagreed  with earlier testimony  that the                                                               
commission  is  diverse  because   it  is  comprised  of  several                                                               
Filipino and  Native Alaskan  members. Alaska  is a  melting pot,                                                               
but the commission  does not have an African  American member, so                                                               
it does not truly represent the diversity in Alaska.                                                                            
                                                                                                                                
2:40:49 PM                                                                                                                    
SENATOR REINBOLD  asked her  to provide  more information  on her                                                               
experience with the  commission. She said she did  not think that                                                               
the  appointees' names  should be  forwarded until  the committee                                                               
fully hears her story.                                                                                                          
                                                                                                                                
2:41:33 PM                                                                                                                    
CHAIR COGHILL interjected  that everyone who applied  to serve on                                                               
the commission  is qualified. He  related his  understanding that                                                               
Ms. Stewart's  matter was  the governor's  issue rather  than the                                                               
commission's issue.  He suggested that Ms.  Stewart could discuss                                                               
her  complaint offnet  with individual  committee members  or she                                                               
could put her  complaint in writing and forward it  to his office                                                               
and he would distribute it to members.                                                                                          
                                                                                                                                
MS. STEWART  said the commission's  sole purpose is  to eliminate                                                               
and  prevent  discrimination.  She  offered  her  view  that  the                                                               
commission had violated its own purpose.                                                                                        
                                                                                                                                
          SJR 13-CONST. AM: PROHIBIT ABORTION/FUNDING                                                                       
                                                                                                                              
2:43:40 PM                                                                                                                    
CHAIR  COGHILL  announced  the   consideration  of  SENATE  JOINT                                                               
RESOLUTION NO. 13, Proposing an  amendment to the Constitution of                                                               
the State of Alaska relating to abortion.                                                                                       
                                                                                                                                
2:45:10 PM                                                                                                                    
SENATOR  HUGHES,  speaking  as  sponsor   of  SJR  13,  said  the                                                               
resolution  proposes  an amendment  to  the  Constitution of  the                                                               
State  of Alaska  by  adding  a new  section  that would  provide                                                               
clarity  regarding  Article  1, specifically  pertaining  to  the                                                               
right to privacy and the  right to equal protection, and Alaska's                                                               
ability to set public policy related to abortion.                                                                               
                                                                                                                                
She  emphasized that  this resolution  does not  indicate what  a                                                               
woman may legally do. It is  not designed to tell the legislature                                                               
that  it  may or  may  not  fund  abortion  in the  future.  This                                                               
resolution  does  not  set   any  parameters  regarding  abortion                                                               
policy, but is designed to  keep the courts from adding something                                                               
to  the Constitution  of the  State  of Alaska  that its  framers                                                               
never envisioned  and to  allow Alaska  to be  on par  with other                                                               
states across  the nation  in terms of  policy under  the federal                                                               
courts.                                                                                                                         
                                                                                                                                
2:46:53 PM                                                                                                                    
KATRINA  JACKSON, Senator,  Louisiana State  Legislature, Monroe,                                                               
Louisiana, said Louisiana passed a  resolution similar to SJR 13.                                                               
She echoed Senator Hughes that  the resolution protects the right                                                               
to legislate  in this  area, like any  other health  care policy.                                                               
She related  that Louisiana  had a clinic  near the  Texas border                                                               
that  was not  mandated  to report  human  trafficking. When  the                                                               
state's  Department  of  Health  received word  that  some  young                                                               
trafficking  victims  were  being   brought  into  Louisiana  for                                                               
abortions,  the department  learned it  could not  legally obtain                                                               
those health  records. The  state now has  statutes to  allow the                                                               
department to obtain such records.  Louisiana is filing a bill to                                                               
require  mandatory  reporting just  like  any  other health  care                                                               
provider, she said.                                                                                                             
                                                                                                                                
SENATOR  JACKSON   summarized  that   taking  a  stance   with  a                                                               
resolution  like SJR  13 does  not indicate  whether abortion  is                                                               
legal, but it  would allow states to regulate it.  In some states                                                               
that have not  passed resolutions to clarify the  law, the courts                                                               
have  recognized  the fundamental  right  to  abortion, so  bills                                                               
related to human trafficking are  being struck down. She said she                                                               
would not  hide the fact that  Louisiana is a pro-life  state but                                                               
given Roe v. Wade, she wants  to ensure that her constituents are                                                               
safe.  Most  states  have  not   required  these  clinics  to  be                                                               
mandatory reporters.  Legislation like  SJR 13 would  give states                                                               
the ability  to regulate the  clinics just as they  do physicians                                                               
providing other types of surgical procedures.                                                                                   
                                                                                                                                
2:51:12 PM                                                                                                                    
SENATOR   HUGHES  said   that  when   the  committee   hears  the                                                               
presentation  at  the  next  hearing,  they  will  see  the  wide                                                               
spectrum  of  states  that  have  passed  similar  policies.  She                                                               
pointed out  that Senator  Katrina Jackson is  a Democrat  and an                                                               
African American serving in Louisiana.  She asked members to keep                                                               
an open  mind in this  matter and allow the  legislature, through                                                               
the voter initiative process, to  determine what type of policies                                                               
the  state may  wish  to have.  When  Senator Jackson  previously                                                               
testified before  the Senate Health and  Social Services Standing                                                               
Committee,  she mentioned  that because  of Louisiana's  parental                                                               
consent  or  notification law,  the  people  bringing some  young                                                               
girls to clinics for abortions  could not provide proof that they                                                               
were  their parents.  The committee  has  previously heard  about                                                               
problems in  Alaska related to  human trafficking.  She expressed                                                               
concern that  the legislature would  be limited in what  it could                                                               
do to control this activity  under the current conditions and the                                                               
interpretation of  the Constitution of  the State of  Alaska. She                                                               
stated that that was one of  the reasons to bring this resolution                                                               
forward.                                                                                                                        
                                                                                                                                
CHAIR  COGHILL thanked  Senator Jackson.  He apologized  that the                                                               
committee did  not have  time to hear  from Jeanneane  Maxon from                                                               
the Charlotte Lozier Institute in Washington, D.C.                                                                              
                                                                                                                                
2:53:37 PM                                                                                                                    
SENATOR HUGHES  advised that  Ms. Maxon was  a scholar  who could                                                               
provide information related to the legal aspects.                                                                               
                                                                                                                                
[SJR 13 was held in committee.]                                                                                                 
                                                                                                                                
^Confirmation Hearings                                                                                                          
                                                                                                                                
2:55:19 PM                                                                                                                    
CHAIR COGHILL  stated that in  accordance with AS  39.05.080, the                                                               
Senate Judiciary Committee reviewed  the following and recommends                                                               
the   appointments  be   forwarded   to  a   joint  session   for                                                               
consideration, which Senator Micciche read:                                                                                     
                                                                                                                                
Commission on Judicial Conduct                                                                                                
Todd Fletcher - Anchorage                                                                                                       
                                                                                                                                
Select Committee on Legislative Ethics:                                                                                       
Deborah Fancher -Anchorage                                                                                                      
Lee Holmes - Anchorage                                                                                                          
                                                                                                                                
Alaska State Commission for Human Rights:                                                                                     
William Craig - Sitka                                                                                                           
Elizabeth "Betsy" Engle -Fairbanks                                                                                              
Kyle Foster -Anchorage                                                                                                          
Evelyn Falzerano - Anchorage                                                                                                    
                                                                                                                                
Signing  the   reports  regarding  appointments  to   boards  and                                                               
commissions in  no way reflects  individual members'  approval or                                                               
disapproval  of  the  appointees;   the  nominations  are  merely                                                               
forwarded to the full legislature for confirmation or rejection.                                                                
                                                                                                                                
SENATOR REINBOLD  expressed concern about forwarding  the name of                                                               
Ms. Engle  to the  Alaska State Commission  for Human  Rights and                                                               
suggested removing her name from the list of appointees.                                                                        
                                                                                                                                
CHAIR  COGHILL   offered  his  view   that  all   the  candidates                                                               
considered today were  qualified to serve on  the commissions. He                                                               
said  the decision  not to  retain Ms.  Stewart was  made by  the                                                               
governor's office.                                                                                                              
                                                                                                                                
2:57:29 PM                                                                                                                    
SENATOR REINBOLD  reiterated that she  would like to  forward all                                                               
appointee  names with  the  exception of  Ms.  Engle because  she                                                               
would like to ask her more questions.                                                                                           
                                                                                                                                
2:58:10 PM                                                                                                                    
CHAIR COGHILL  said she  had every right  to contact  Ms. Stewart                                                               
offnet, to state her case on the floor, and in the building.                                                                    
                                                                                                                                
2:58:20 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair Coghill  adjourned the Senate Judiciary  Standing Committee                                                               
meeting at 2:58 p.m.                                                                                                            
| Document Name | Date/Time | Subjects | 
|---|---|---|
| JUD Judicial Conduct Fletcher #2 (1).pdf | 
                    
SJUD       3/9/2020 1:30:00 PM | 
                |
| JUD Human Rights Commission Craig #1.pdf | 
                    
SJUD       3/9/2020 1:30:00 PM | 
                
                    
Governor Appointee Commission for Human Rights | 
            
| Com on Leg Ethics Deborah Francher.pdf | 
                    
SJUD       3/9/2020 1:30:00 PM | 
                
                    
Commission on Legislative Ethics | 
            
| Deborah Francher resume p2.pdf | 
                    
SJUD       3/9/2020 1:30:00 PM | 
                
                    
Commission on Legislative Ethics | 
            
| JUD Human Rights Commission Engle #1.pdf | 
                    
SJUD       3/9/2020 1:30:00 PM | 
                
                    
Commission for Human Rights | 
            
| JUD Human Rights Commission Falzerano #1.pdf | 
                    
SJUD       3/9/2020 1:30:00 PM | 
                
                    
Commission for Human Rights | 
            
| JUD Human Rights Commission Foster #1.pdf | 
                    
SJUD       3/9/2020 1:30:00 PM | 
                
                    
Commission for Human Rights | 
            
| Commission on Legislative Ethics Lee Holmes.pdf | 
                    
SJUD       3/9/2020 1:30:00 PM | 
                
                    
Commission on Legislative Ethics | 
            
| CSSB 191 U.pdf | 
                    
SJUD       3/9/2020 1:30:00 PM | 
                
                    
SB 191 | 
            
| SJR 13 HUMAN LIFE CONSTITUTIONAL AMENDMENT.pdf | 
                    
SJUD       3/9/2020 1:30:00 PM | 
                
                    
SJR 13 |