04/03/2008 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB228 | |
| HJR32 | |
| HB193 | |
| HJR19 | |
| HJR38 | |
| HB252 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HJR 19 | TELECONFERENCED | |
| + | HB 193 | TELECONFERENCED | |
| + | HJR 32 | TELECONFERENCED | |
| + | HJR 38 | TELECONFERENCED | |
| + | HB 252 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 228 | ||
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
April 3, 2008
9:07 a.m.
MEMBERS PRESENT
Senator Lesil McGuire, Chair
Senator Gary Stevens, Vice Chair
Senator Hollis French
MEMBERS ABSENT
Senator Lyda Green
Senator Con Bunde
COMMITTEE CALENDAR
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 228
"An Act relating to and permitting certain uses and occupancies
of real property that do not comply with changes made to
municipal land use ordinances."
HEARD AND HELD
HOUSE JOINT RESOLUTION NO. 32
Supporting open and free competition within the broadcasting
industry.
MOVED HJR 32 OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 193(STA)
"An Act relating to the composition of the Alaska Police
Standards Council; and providing for an effective date."
MOVED SCS CSHB 193(STA) OUT OF COMMITTEE
CS FOR HOUSE JOINT RESOLUTION NO. 19(STA)
Encouraging repeal of the Real ID Act of 2005.
MOVED CSHJR 19(STA) OUT OF COMMITTEE
CS FOR HOUSE JOINT RESOLUTION NO. 38(STA)
Recognizing the State of Israel on the 60th anniversary of its
founding.
MOVED CSHJR 38(STA) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 252(STA)
"An Act requiring paid leave from employment for organ and bone
marrow donation."
MOVED CSHB 252(STA) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 228
SHORT TITLE: MUNICIPAL LAND USE REGULATION
SPONSOR(s): SENATOR(s) DYSON
01/16/08 (S) READ THE FIRST TIME - REFERRALS
01/16/08 (S) CRA, STA
02/27/08 (S) SPONSOR SUBSTITUTE INTRODUCED-REFERRALS
02/27/08 (S) CRA, STA
03/04/08 (S) CRA AT 3:30 PM BELTZ 211
03/04/08 (S) -- MEETING CANCELED --
03/18/08 (S) CRA AT 3:30 PM BELTZ 211
03/18/08 (S) Moved SSSB 228 Out of Committee
03/18/08 (S) MINUTE(CRA)
03/19/08 (S) CRA RPT 1DP 2NR 2AM
03/19/08 (S) DP: OLSON
03/19/08 (S) NR: STEVENS, KOOKESH
03/19/08 (S) AM: THOMAS, WAGONER
04/01/08 (S) STA AT 9:00 AM BELTZ 211
04/01/08 (S) Scheduled But Not Heard
04/03/08 (S) STA AT 9:00 AM BELTZ 211
BILL: HJR 32
SHORT TITLE: BROADCASTING INDUSTRY
SPONSOR(S): REPRESENTATIVE(S) STOLTZE
02/06/08 (H) READ THE FIRST TIME - REFERRALS
02/06/08 (H) L&C
02/20/08 (H) L&C AT 3:00 PM CAPITOL 17
02/20/08 (H) Moved Out of Committee
02/20/08 (H) MINUTE(L&C)
02/21/08 (H) L&C RPT 3DP 1DNP 3NR
02/21/08 (H) DP: NEUMAN, RAMRAS, GATTO
02/21/08 (H) DNP: BUCH
02/21/08 (H) NR: GARDNER, LEDOUX, OLSON
03/19/08 (H) TRANSMITTED TO (S)
03/19/08 (H) VERSION: HJR 32
03/21/08 (S) READ THE FIRST TIME - REFERRALS
03/21/08 (S) STA
04/03/08 (S) STA AT 9:00 AM BELTZ 211
BILL: HB 193
SHORT TITLE: POLICE STANDARDS COUNCIL MEMBERSHIP
SPONSOR(S): REPRESENTATIVE(S) ROSES
03/12/07 (H) READ THE FIRST TIME - REFERRALS
03/12/07 (H) STA, FIN
04/03/07 (H) STA AT 8:00 AM CAPITOL 106
04/03/07 (H) <Bill Hearing Canceled>
04/10/07 (H) STA AT 8:00 AM CAPITOL 106
04/10/07 (H) Moved CSHB 193(STA) Out of Committee
04/10/07 (H) MINUTE(STA)
04/11/07 (H) STA RPT CS(STA) 3DP 3NR
04/11/07 (H) DP: ROSES, GRUENBERG, LYNN
04/11/07 (H) NR: JOHNSON, JOHANSEN, COGHILL
02/19/08 (H) FIN AT 1:30 PM HOUSE FINANCE 519
02/19/08 (H) Heard & Held
02/19/08 (H) MINUTE(FIN)
02/28/08 (H) FIN AT 1:30 PM HOUSE FINANCE 519
02/28/08 (H) Moved CSHB 193(STA) Out of Committee
02/28/08 (H) MINUTE(FIN)
02/29/08 (H) FIN RPT CS(STA) 4DP 1DNP 5NR
02/29/08 (H) DP: CRAWFORD, JOULE, GARA, NELSON
02/29/08 (H) DNP: KELLY
02/29/08 (H) NR: HAWKER, THOMAS, STOLTZE, MEYER,
CHENAULT
03/17/08 (H) TRANSMITTED TO (S)
03/17/08 (H) VERSION: CSHB 193(STA)
03/18/08 (S) READ THE FIRST TIME - REFERRALS
03/18/08 (S) STA
04/03/08 (S) STA AT 9:00 AM BELTZ 211
BILL: HJR 19
SHORT TITLE: OPPOSE FEDERAL ID REQUIREMENTS
SPONSOR(S): REPRESENTATIVE(S) COGHILL
04/13/07 (H) READ THE FIRST TIME - REFERRALS
04/13/07 (H) STA
03/13/08 (H) STA RPT CS(STA) NT 4DP
03/13/08 (H) DP: JOHNSON, GRUENBERG, DOLL, ROSES
03/13/08 (H) STA AT 8:00 AM CAPITOL 106
03/13/08 (H) Moved CSHJR 19(STA) Out of Committee
03/13/08 (H) MINUTE(STA)
03/25/08 (H) TRANSMITTED TO (S)
03/25/08 (H) VERSION: CSHJR 19(STA)
03/26/08 (S) READ THE FIRST TIME - REFERRALS
03/26/08 (S) STA
04/03/08 (S) STA AT 9:00 AM BELTZ 211
BILL: HJR 38
SHORT TITLE: ISRAEL 60TH ANNIVERSARY
SPONSOR(S): STATE AFFAIRS
03/11/08 (H) READ THE FIRST TIME - REFERRALS
03/11/08 (H) STA
03/13/08 (H) STA RPT CS(STA) 4DP
03/13/08 (H) DP: JOHNSON, GRUENBERG, DOLL, ROSES
03/13/08 (H) STA AT 8:00 AM CAPITOL 106
03/13/08 (H) Moved CSHJR 38(STA) Out of Committee
03/13/08 (H) MINUTE(STA)
03/18/08 (H) TRANSMITTED TO (S)
03/18/08 (H) VERSION: CSHJR 38(STA)
03/19/08 (S) READ THE FIRST TIME - REFERRALS
03/19/08 (S) STA
04/03/08 (S) STA AT 9:00 AM BELTZ 211
BILL: HB 252
SHORT TITLE: LEAVE FOR ORGAN/BONE MARROW DONATIONS
SPONSOR(S): REPRESENTATIVE(S) LEDOUX
05/03/07 (H) READ THE FIRST TIME - REFERRALS
05/03/07 (H) HES, STA
05/08/07 (H) HES AT 3:00 PM CAPITOL 106
05/08/07 (H) Moved CSHB 252(HES) Out of Committee
05/08/07 (H) MINUTE(HES)
05/10/07 (H) HES RPT CS(HES) 4DP 2NR 1AM
05/10/07 (H) DP: ROSES, GARDNER, CISSNA, WILSON
05/10/07 (H) NR: SEATON, FAIRCLOUGH
05/10/07 (H) AM: NEUMAN
05/12/07 (H) STA AT 9:00 AM CAPITOL 106
05/12/07 (H) Moved CSHB 252(STA) Out of Committee
05/12/07 (H) MINUTE(STA)
05/13/07 (H) STA RPT CS(STA) 5DP 1NR
05/13/07 (H) DP: DOLL, GRUENBERG, JOHANSEN, ROSES,
LYNN
05/13/07 (H) NR: COGHILL
05/14/07 (H) TRANSMITTED TO (S)
05/14/07 (H) VERSION: CSHB 252(STA)
05/15/07 (S) READ THE FIRST TIME - REFERRALS
05/15/07 (S) HES, STA, FIN
02/06/08 (S) HES AT 1:30 PM BUTROVICH 205
02/06/08 (S) Moved CSHB 252(STA) Out of Committee
02/06/08 (S) MINUTE(HES)
02/08/08 (S) HES RPT 3DP 1NR
02/08/08 (S) DP: DAVIS, ELTON, THOMAS
02/08/08 (S) NR: DYSON
04/03/08 (S) STA AT 9:00 AM BELTZ 211
WITNESS REGISTER
SENATOR FRED DYSON
Alaska State Legislature
Juneau AK
POSITION STATEMENT: Presented SB 228.
BERNARDO HERNANDEZ, Director
Community Planning Department
Fairbanks North Star Borough (FNSB)
Fairbanks AK
POSITION STATEMENT: Spoke in opposition to SB 228.
EILEEN PROBASCO, Planning Chief
Matanuska-Susitna Borough
Palmer AK
POSITION STATEMENT: Spoke in opposition to SB 228.
LAUREN KRUER, Planner
Matanuska-Susitna Borough
Palmer AK
POSITION STATEMENT: Spoke in opposition to SB 228.
LARRY ALBERT, Attorney
Anchorage AK
POSITION STATEMENT: Answered questions on SB 228.
REPRESENTATIVE BILL STOLTZE
Alaska State Legislature
Juneau AK
POSITION STATEMENT: Presented HJR 32.
REPRESENTATIVE BOB ROSES
Alaska State Legislature
Juneau AK
POSITION STATEMENT: Presented HB 193.
TERRY VRABEC, Executive Director
Alaska Police Standards Council
Anchorage AK
POSITION STATEMENT: Spoke in support of HB 193.
CHUCK KOPP
Kenai Police Department
Kenai AK
POSITION STATEMENT: Spoke in support of HB 193.
DAN HOFFMAN, Chief
Fairbanks Police
Fairbanks AK
POSITION STATEMENT: Spoke in support of HB 193.
CRYSTAL KOENEMAN, Staff
to Representative Roses
Alaska State Legislature
Juneau AK
POSITION STATEMENT: Answered questions on HB 193.
RYNNIEVA MOSS, Staff
to Representative Coghill
Alaska State Legislature
Juneau AK
POSITION STATEMENT: Presented HJR 19.
GREGORY HOLLAUS
Fairbanks AK
POSITION STATEMENT: Spoke about the Nenana Ice Classic.
JOHN BRADING
Fairbanks AK
POSITION STATEMENT: Spoke in favor of HJR 19.
FRANK TOURNEY
Fairbanks AK
POSITION STATEMENT: Spoke in favor of HJR 19.
BRENT RICHIE
Fairbanks AK
POSITION STATEMENT: Spoke in favor of HJR 19.
SCHAEFER COX
Fairbanks AK
POSITION STATEMENT: Spoke in favor of HJR 19.
PATRICK DALTON
Delta Junction AK
POSITION STATEMENT: Spoke in favor of HJR 19.
KEVIN BROOKS, Deputy Commissioner
Department of Administration
Juneau AK
POSITION STATEMENT: Spoke in favor of HJR 19.
WHITNEY BREWSTER, Director
Division of Motor Vehicles
Department of Administration (DOA)
Anchorage AK
POSITION STATEMENT: Answered questions regarding HJR 19.
REPRESENTATIVE BOB LYNN
Alaska State Legislature
Juneau AK
POSITION STATEMENT: Presented HJR 38.
REPRESENTATIVE GABRIELLE LEDOUX
Alaska State Legislature
Juneau AK
POSITION STATEMENT: Presented HB 252.
BRUCE ZALNERAITIS, Chief Executive Officer
Life Alaska Donor Services
Anchorage AK
POSITION STATEMENT: Spoke in support of HB 252.
BERNADETTE ANTON
National Marrow Donor Program
Minneapolis MN
POSITION STATEMENT: Answered questions about HB 252.
SONYA HYMER
Staff to Representative LeDoux
Alaska State Legislature
Juneau AK
POSITION STATEMENT: Commented on HB 252.
ACTION NARRATIVE
CHAIR LESIL MCGUIRE called the Senate State Affairs Standing
Committee meeting to order at 9:07:40AM. Senators Green,
Stevens, and McGuire were present at the call to order.
SB 228-MUNICIPAL LAND USE REGULATION
9:08:23 AM
CHAIR LESIL MCGUIRE announced SB 228 to be up for consideration.
SENATOR FRED DYSON, sponsor of SB 228, said this measure
protects real property. Many people live in communities that are
increasingly urbanized and land zoning and regulations follow.
Cities invariably come up with new land-use designations, and
they can end up trampling on property owners' rights. Under SB
228, if residents move in around a property owner and change the
law, whatever was permitted before can be continued unless it is
a nuisance.
He spoke to people about the definition of nuisance. "The term
of art in law, which I think you'll see here, nuisance, as
recognized under common law is all the protection we need." An
expert would explain that "your property rights never extend to
[you] being a nuisance to your neighbors." The neighborhood is
protected under common law nuisance laws. He provided quotes
about the importance of preserving property rights saying:
And this bill particularly carves out senior citizens
and the disabled to say that if planners move in
around them with new regulations they have at least
ten years before they have to come into conformity.
Uses allowed before will continue until the land transfers. In
his community neighbors have built subdivisions where a person
can't park a truck with a logo on the door or leave snow
machines in the yard. "You can't even put a sign, including a
campaign sign, in your yard, which I think has, maybe, some
first amendment rights problems."
9:12:36 AM
CHAIR MCGUIRE said there is a whole body of common law in this
area. She asked what situation sparked this need to deviate from
that recognized common law, and if it was a constituent.
SENATOR DYSON replied that it involves several of them. Home
businesses are grandfathered in, but they are only allowed at
the present level of intensity. Many businesses need to change
and grow, so the bill will allow a business to continue unless
it is a nuisance or the land transfers. He has people that have
a Conex container for storing their animal feed, "and as soon as
the city finishes its land use regulations, Conexes will be
gone. They'll be gone like Quonset huts are." SB 228 will allow
these storage units to remain, and it will allow them to be put
up after the regulation changes. A citizen may have planned on
doing that before regulations changed, "and the huge lifestyle
thing that was the basis of their buying that land - in that
area it's often horses - and that would be precluded by a new
regulation that wasn't in place when you bought the property."
9:15:17 AM
CHAIR MCGUIRE said there could be additional market value to a
property with a bill like this. Some people in her district want
to park RVs and boats and want to have more than two pets, but
they can't. It's interesting.
SENATOR DYSON said that view is a purist one, because he has
said that previous property rights don't transfer with a land
transfer. The new owner will be subject to the new regulations.
SENATOR FRENCH said if a person owns property and the city
prohibits Conexes, she or he can still put one on the property.
"It's the transfer that triggers the new rule."
9:17:22 AM
BERNARDO HERNANDEZ, Director, Community Planning Department,
Fairbanks North Star Borough (FNSB), spoke in opposition to SB
228. He understands the sponsor's desire to weigh public health
and safety and individual property rights. "We're always
somewhere in between these two opposites." Planning and zoning
is an intensely local effort. Each community has different
visions and goals. Land use and sentiments are dynamic. The FNSB
has home occupation and grandfather rights ordinances, and it
has had zoning since 1949, "and we seem to be doing pretty well
at it." Since land use is so local, the community, through the
public process, should make its decisions. The public process is
a big deal in the FNSB. All of the ordinances are very well
scrutinized because there is always someone who is affected.
Everybody would agree that a school needs doors to escape and
sprinkler systems. All these public sentiments and the
individual rights are important. "We're weighing that
constantly." This should be left to the local public. SB 228
steps outside of that. It is the state trying to impact the
local zoning. In FNSB a person can have grandfather rights up to
50 years, as long as the use isn't discontinued for 12 months.
9:20:39 AM
SENATOR STEVENS asked if there is anything in this bill that
can't already be done.
MR. HERNANDEZ said in Fairbanks it doesn't matter who the person
is; decisions are made solely on land use. "We want to stay away
from who or what a person is." The FNSB can do any of these
things that are in the bill. "Our ordinance works just fine."
EILEEN PROBASCO, Planning Chief, Matanuska-Susitna Borough, said
she agrees with Mr. Hernandez and opposes SB 228. There is an
existing non-conforming use section in the Mat-Su Valley code
that allows a use to continue indefinitely, not just ten years.
"We have a concern about the authority of this being governed by
the state as opposed to the local government because in many
cases it is more effective and easily changed on a local level."
There is a lot of participation when code amendments come
forward. This bill is contrary to a long-standing public policy,
which is articulated by an Alaska Supreme Court decision in
2002. The determination was that non-conforming uses are to be
restricted and terminated as quickly as possible because those
uses frustrate a local government's implementation of consistent
and logical land-use planning. The bill is redundant because of
the local nonconforming statutes. Local control was transferred
to the local entities from the state.
9:24:50 AM
SENATOR FRENCH asked the name of the Supreme Court case.
MS. PROBASCO said Cizek v. Concerned Citizens of Eagle River
Valley.
9:25:45 AM
LAUREN KRUER, Planner, Matanuska-Susitna Borough, said applying
SB 228 will create complications. Variances are used at the
local level, and that is the other half of grandfathering. The
variance is for the loophole circumstances. There is nothing
like that at the state level. How would the state deal with it?
It is better handled at the local level. As a planner, land-use
is about use, and it is a tool to create healthy, growing
communities. A background like a veteran or senior is a slippery
slope. Special interest groups have advocates for laws dealing
with safety and equality, "but to put something like that in a
land use, you take what kind of keeps land use on an even keel
where we deal about the use of the building and not so much
about the background of the individual owner." There could then
be rules for single mothers or ethnic groups. "Where does it
stop?" Planning is about use, not about the person.
9:28:17 AM
LARRY ALBERT, Attorney, Anchorage, said Senator Dyson asked him
to testify; he had no prior familiarity with SB 228 or the
issues associated with it. But he has a background in land use,
private property, and related constitutional issues. He
recollects that the Cizek case was a dispute over a landing
strip that was platted as part of a subdivision, but the
legality of the use of it was questioned. The issue of how SB
228 relates to non-conforming use in local land use ordinances
can be dealt with in two different ways. There may be present
uses and ownership of a property under rules enacted today, but
tomorrow the local government may enact new regulations. The
question is how the existing uses should be protected - if at
all. The purpose of this bill is to protect existing uses of
land. He agrees with the witnesses of looking at individual
issues and properties. A non-conforming use or variance
provision generally requires a permitting process, but SB 228
would be an automatic protection. In the absence of SB 228, if
land-use regulations change, an affected property owner would
have to apply and be subjected to the terms allowed.
9:32:42 AM
SENATOR DYSON asked him to explain "the protections that are
against public nuisance that are inherent in this bill, and what
the language about common law is, and what remedies neighbors
and communities would have against a continuing use of land that
was arguably a nuisance to the neighbor or community."
MR. ALBERT said a nuisance recognized under common law has a
well-established meaning. The restatement of torts by the
American law institute, which periodically publishes reference
treatises that restates the common law -- law made by torts
instead of by legislatures. It has a restatement of the law of
torts, and the most recent edition is 1977. Included is a
chapter on private and public nuisance, and anyone can look at
the restatement and see a compilation of authorities, rules and
court decisions on what constitutes a nuisance and what
balancing factors a court will consider in decreeing the
presence or absence of a nuisance. There is published precedence
on nuisance in Alaska. The terms are well-established in law.
The term common law nuisance also has a well-established meaning
in takings litigation. In the late 19th century the United
States Supreme Court has recognized that property rights do not
protect nuisances under the Fifth Amendment, and that principle
has been continuous. In 1992 a case called Lucas v. South
Carolina Coastal Council discussed common law nuisance as not a
protected property right.
9:36:10 AM
SENATOR DYSON said loud aircraft at the air strip was scaring
and waking up neighbors. He asked how the neighbors could have
prohibited that nuisance if SB 228 had been in place.
MR. ALBERT said he is not familiar with the facts, but under SB
228, his reading is that the neighbors could go to court. There
is a private and public nuisance as part of common law. Private
persons can bring an action against a nuisance as to their
private interests and property. For a public nuisance, private
parties and local governments have standing to bring an action
declaring an activity to be a public nuisance. If the aircraft
activity were dangerous, that gets pretty close to being a
nuisance. He suspects that there are preemption issues with the
Federal Aviation Administration's authority on location and
operation of an airstrip.
9:39:05 AM
SENATOR DYSON said a witness talked about the appropriateness of
leaving all land-use decisions at the local level, and he is
sympathetic to that. But the reason for SB 228 "is that for our
founding fathers the protection of private property rights was a
huge issue." He quoted [James] Madison: "Government is an
institute to protect property; this being the end of government.
That alone is a just government, which impartially secures to
every man that which is his own. It is not a just government nor
is property secure under it where arbitrary restrictions,
exemptions, and monopolies deny to part of the citizens the free
use of their own land facilities." The protection of private
property is a huge issue. Americans are committed to life,
liberty, and happiness, but the original wording of that list
included private property. It is appropriate for the state to
say that the protection of private property trumps local
planning and zoning "as long as that property is owned that
person there, and that the zoning restrictions can only be
applied on the transfer of the land." The folks who homesteaded
can do what they have been doing and the government should
protect them against well-meaning incursions.
9:41:15 AM
MR. ALBERT said he has effectively stated the constitutional
principle that is derived from James Madison. The issue is the
role of the state versus local government in protecting private
property rights. Governments have the responsibility to protect
the public health, safety and welfare. At the same time, their
welfare is in their private property among other attributes. It
is appropriate for Alaska to declare that one element of the
general welfare is protecting existing uses of land against
prospective changes in regulation resulting in the diminution of
land value. The role of local governments to be sensitive to
their constituents remains, albeit subject to this protection of
existing uses. Local governments could try to fashion their
provisions on nonconforming use to be consistent with SB 228.
9:43:09 AM
CHAIR MCGUIRE set SB 228 aside. There is significant local
concern, but she likes the principle.
HJR 32-BROADCASTING INDUSTRY
CHAIR MCGUIRE announced consideration of HJR 32.
9:43:55 AM
REPRESENTATIVE BILL STOLTZE, Alaska State Legislature, said HJR
32 is an expression of support for free competition of the
airways. Talk radio is a free marketplace of ideas - a
phenomenon that came about in the late 1980s after the repeal of
the Fairness Doctrine. The doctrine required a station to give
equal time to opposite points of view. In a competitive free
market, it didn't work. Talk radio frequently discusses new
sewers and non-controversial issues. It is acknowledged that
this format saved AM radio from oblivion. Craig Johnson referred
to is as a dinosaur that doesn't fit in the business model of
competitiveness. "The reason this resolution is before you is
there are efforts in Congress to express support and to repeal
it from different factions." He said Senator Durbin said it will
be repealed. There are resolutions too. HJR 32 doesn't address
and specific legislation. It purposely didn't address the type
of content because there is a lot of biased information. He has
only addressed the principle of open and free competition of
ideas -- liberal or conservative. That is not relevant, but it
becomes part of the larger debate. He has been on the good and
bad side of talk radio. It is probably the last unfiltered form.
Some folks view it as the most important level of political and
social discourse and some see it as entertainment. It is popular
with constituents.
9:47:46 AM
SENATOR FRENCH asked about the clause on how regulations have
caused the broadcasting industry to avoid important issues.
REPRESENTATIVE STOLTZE said, "It is just reality prior to the
suspension of the Fairness Doctrine … you didn't have the type
of political and social discourse radio programming." A
programmer is not going to run an uneconomic two-hour program.
SENATOR FRENCH surmised that the Fairness Doctrine required
programmers to air a counterpoint that listeners weren't
interested in, so they would just avoid it in the first place.
9:49:19 AM
REPRESENTATIVE STOLTZE said that is the essence of the Fairness
Doctrine.
SENATOR FRENCH said it strikes him that the radio waves are not
limitless. Once the spectrum is awarded, he asked if that owner
of a broadcast license has to provide both sides or just use it
however they want.
REPRESENTATIVE STOLTZE said that had more relevance when radio
had more impact, like President Roosevelt's fireside chats. He
only gave 12, but it seemed like he did it every week because of
how they were viewed. It was a more powerful medium then.
SENATOR STEVENS asked if he is opposed to the Fairness Doctrine.
REPRESENTATIVE STOLTZE said he is opposed to reinstating it
because it is antiquated and doesn't really apply to the radio
market that has burgeoned in its absence.
9:52:13 AM
SENATOR FRENCH read from Wikipedia: "The Fairness Doctrine was a
United States FCC regulation requiring broadcast licensees to
present controversial issues of public importance in a manner
deemed by the FCC to be honest, equitable, and balanced. The
doctrine has since been withdrawn by the FCC and certain aspects
of the doctrine have been questioned by the courts."
REPRESENTATIVE STOLTZE said there was a Supreme Court case on
the enforceability of the doctrine.
SENATOR STEVENS moved to report HJR 32 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, HJR 32 moved from committee.
At ease at 9:54:05 AM.
HB 193-POLICE STANDARDS COUNCIL MEMBERSHIP
CHAIR MCGUIRE announced the consideration of HB 193. [Before the
committee was CSHB 193(STA).]
9:55:09 AM
REPRESENTATIVE BOB ROSES, Alaska State Legislature, said the
original version took an 11-member board and removed a police
chief and a commissioner and put in two line officers. He later
discovered concern about those bumped off the board and was
asked to expand the board to 13 members so no one would be
removed. But the board would still have the ability to address
his original concern of equability. The Police Standards Council
is the only board that can suspend a license that doesn't have
peer representation. That was the only intent for the bill. By
adding two line officers and making it a 13-member board, the
bill gained more support. The additional line officers will have
to have five years of experience, be covered under the standards
council, and would have to be police, probation, parole,
municipal correction, or state correction officers.
9:57:36 AM
CHAIR MCGUIRE asked about an amendment stating that it will be
one police officer and the other would be a probation, parole,
or corrections officer.
REPRESENTATIVE ROSES said he will not object to it.
SENATOR FRENCH said he sees a letter of support from the Police
Standards Council. Good job.
CHAIR MCGUIRE said this is the way to work a bill.
9:59:29 AM
TERRY VRABEC, Executive Director, Alaska Police Standards
Council, said there has been good work on HB 193. He has spoken
with the president of the Alaska Association of Chiefs of Police
and numerous others who support the new version of the bill.
CHUCK KOPP, Kenai Police Department, said he is a past chair of
the council. The composition of the council has been fair and
balanced. There has never been opposition to an officer on the
council. One has served as the public member for many years and
did a great job. The opposition was only in inserting the labor
component and speculating that the governor would consider
officers nominated by labor organizations. "We didn't' want that
to become a tool for labor management disputes." He now supports
the bill because the labor language has been removed.
10:02:04 AM
DAN HOFFMAN, Chief, Fairbanks Police, said he is the chair of
the Alaska Police Standards Council. The council fully supports
the bill in its current form. The council has never been opposed
to having rank and file membership; it just didn't want a forum
for labor disputes.
SENATOR STEVENS said with the addition of two members, the
fiscal note should have changed.
SENATOR FRENCH moved to adopt the Senate committee substitute
(CS) to HB 193, labeled 25-LS0712\E, as the working document.
Hearing no objections Version E was before the committee.
10:03:58 AM
CRYSTAL KOENEMAN, Staff to Representative Roses, said adding two
members to the council will demand another fiscal note.
SENATOR FRENCH asked the cost to run the Police Standards
Council.
MR. VRABEC said it is listed as a $10,000 increment. There are
two to three meetings per year and travel costs are the only
cost for the two new members. The budget derives out of
surcharges, and it will not cause the council a hardship to
incur that money for travel costs.
CHAIR MCGUIRE offered conceptual Amendment 1 as follows:
Page 1, Line 13
After "and"
Insert "one serves as a police officer, and one
serves as"
CHAIR MCGUIRE said the two will represent roughly 50:50. She
didn't want two police officers or two parole officers without
representation of the other.
SENATOR FRENCH suggested it should say: "one of whom" in both
instances.
CHAIR MCGUIRE said it is conceptual so the drafters will work
it. The intent is to get one police officer and one in the other
category. Hearing no objection, Amendment 1 carried.
10:07:08 AM
SENATOR FRENCH moved to report the Senate CS to CSHB 193, as
amended, from committee with individual recommendations and
attached fiscal note(s). There being no objection, SCS CSHB
193(STA) passed out of committee.
HJR 19-OPPOSE FEDERAL ID REQUIREMENTS
10:08:12 AM
CHAIR MCGUIRE announced HJR 19 to be up for consideration.
[Before the committee was CSHJR 19(STA).]
RYNNIEVA MOSS, Staff to Representative Coghill, said the
resolution started out being over two pages, but it was cut down
to focus on the Tenth Amendment. States have been regulating
driver's licenses for well over 100 years. Real I.D. infringes
on this right. The thing that bothers Senator Coghill the most
is that the federal government will not punish the state for not
complying, but will punish the individual at customs or getting
on flights. It hurts Alaska and Hawaii more than other state.
The resolution tells the federal government that the Real I.D.
won't create more secure boundaries, it won't increase the
safety of Alaska citizens, and individuals shouldn't be punished
for a position the state may take. The Real I.D. Act was put in
an appropriations bill and few people who voted on it know
what's in it.
10:10:01 AM
CHAIR MCGUIRE said this committee is relatively familiar with
Real I.D.
GREGORY HOLLAUS, Fairbanks, spoke of Nenana ice tickets and
feels he is owed money.
JOHN BRADING, Fairbanks, said it is disheartening to see the
loss of liberty if Real I.D. is implemented and he can see the
web it has spun. Instead of iron bars, the code readers will
send out an invisible wave surrounding his body and imprisoning
people in electronic cells. Real I.D. is an instrument to
intimidate law-abiding citizens designed to maneuver the people
into servitude leading to bondage. He supports HJR 19.
10:14:41 AM
FRANK TOURNEY, Fairbanks, said he supports HJR 19 and thanks
Representative Coghill and Senator Wielechowski. Interior city
councils and the borough assembly passed resolutions opposing
the Real I.D. Act. He asked the committee to explore whether HB
3 could be implemented into HJR 19 and SB 202 without civil
liberty infringement. He always supports the military, but all
elected official are sworn to protect liberties and freedoms. It
is your hands.
BRENT RICHIE, Fairbanks, said he supports HJR 19. Real I.D. is
an overreaction by the federal government. The nation's security
is the responsibility of the military and civilian police. He
agrees with the Tenth Amendment argument. The constitution does
not give federal power to trump the states' right to issue their
own I.D. or driver's licenses. Fiscally it is wrong for the
federal government to demand this without providing money. He
read a speech by a representative from the Cato Institute who
said that the Department of Homeland Security numbers indicate
this would cost at least $17 billion. But the estimate of the
benefit is only $2.24 billion to $13.1 billion. The Real I.D.
Act will cost more than the security benefit.
10:19:01 AM
SCHAEFER COX, Fairbanks, said he supports SJR 19 , and asked for
an amendment to clarify a presupposition of the constitution and
objective moral law. The constitution states that it is the
highest law of the land. If that's the case, there is objective
moral law, which is the recognition of what already is. On the
other hand, arbitrary sociological law is the whim of whoever is
dominant at the moment and line 15 appears to validate that. He
proposed line 15 be amended to say the legislature "can" wage
war on terrorism rather than "should" wage war on terrorism. "It
reads 'can' if we have objective moral law and it reads 'should'
if we have arbitrary sociological law." He said, "I am proud of
you all for being the champion of what once was in America."
10:21:08 AM
PATRICK DALTON, Delta Junction, said Real I.D. was on the back
of an Iraq funding bill and received no deliberation in the U.S.
Senate. Proponents of the Real I.D. said it is not a national
I.D. and in a sense it is not. It is global not national. It
trashes the right Alaska to privacy, the Fourth Amendment that
guarantees no unreasonable searches and seizures without a
warrant. It allows every American to be searched without
probable cause. The Real I.D. Act also violates religious
freedom for many people who literally believe the Bible.
Christians are forbidden to submit to a numbering system for the
hands and foreheads so this alienates that sector of Christians
in America. The light of day is revealing the Real I.D. Act as
it really is -- a hallmark of an authoritarian society. In
Alaska there is a groundswell of public opposition; two measures
were passed at the Republican convention and will be posted as
part of the Alaskan Republican Party as of May, 14.
10:24:33 AM
KEVIN BROOKS, Deputy Commissioner, Department of Administration
(DOA), said that DOA supports HJR 19. It's a state's right issue
to implement and maintain rules governing issuance of driver's
licenses. The federal government shouldn't impose unfunded
mandates. There are many things that make good business sense
for the department to do and it tries to strike a balance.
SENATOR STEVENS said the National Organization of Legislators
and the National Council of State Legislatures have both opposed
forcing states to pay but have not taken a strong position on
what's been heard today. He asked if he thinks that real I.D.
would have stopped the 911 terrorists.
MR. BROOKS said his understanding is that the perpetrators held
legal U.S. identification that was attained illegally. People
who are intent on doing something like that will find a way to
do it. Some of the things that can be done, fall in the category
of what makes good business sense. That includes using digital
photos and training staff to detect fraudulent documents.
Whether the actions could have been prevented is speculative.
The good business practices that have come about since 911 don't
make Alaska altogether compliant with the Real I.D. Act, but
they are prudent things the state should do. "But they ought to
be our choice to do those." He noted that HB 3, the legal
presence bill, helps to tighten things, but doesn't address RF
chips or other things that are readable without the individual's
knowledge. Again he said it's the job of DMV to strike the
balance of things that are a good idea to do without submitting
to funded or unfunded mandates.
10:28:41 AM
CHAIR MCGUIRE said he and Ms Brewster have been patient on this
issue and mindful of the committee's concern about the
protection of state rights. There's the overarching goal of
protecting the country against terrorism yet national I.D. is
onerous and begins to encroach on citizen freedoms and the state
rights.
WHITNEY BREWSTER, Director, Division of Motor Vehicles (DMV),
clarified that the Department of Homeland Security is estimating
that the cost to implement Real I.D. will be $3.9 billion. With
respect to the issue of a requiring a radio frequency chip, the
final rule requires a 2d bar code.
10:31:04 AM
SENATOR STEVENS moved to report HJR 19 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, CSHJR 19(STA) moved from committee.
HJR 38-ISRAEL 60TH ANNIVERSARY
CHAIR MCGUIRE announced the consideration of HJR 38. [Before the
committee was CSHJR 38(STA).]
10:32:13 AM
REPRESENTATIVE BOB LINN, Alaska State Legislature, presented HJR
38. He relayed that he grew up in Los Angeles and when he was 12
he saw some people run out of their apartment and start dancing
and shouting in the streets. His grandparents told him that the
happy people were Jewish families celebrating the birth of a new
nation call Israel. He didn't have a clue at that age what any
of it meant, but now he knows more. He knows that the birthday
of the sovereign independent state of Israel is May 14, 1948.
That was 60 years ago. It was a miracle and that is what the
resolution is all about. There are 11 "Whereas" lines that trace
the history of Israel back some 3,000 years. Israel is a bastion
of democracy with free speech, free religion, free press, free
elections and the rule of law in an area of the world where
that's rare. For sixty years the U.S. and Israel have shared a
unique relationship and this resolution honors that special
relationship. That tiny nation is surrounded by nations that
would destroy it if they could. It is a nation of warriors with
a military that is the envy of other nations worldwide. The
friendship between the U.S. and Israel is an example of what
national friendship and respect ought to be.
10:34:55 AM
SENATOR STEVENS moved to report CS for HJR 38 from committee
with individual recommendations and attached fiscal note(s).
There being no objection, CSHJR 38(STA) moved from committee.
HB 252-LEAVE FOR ORGAN/BONE MARROW DONATIONS
CHAIR MCGUIRE announced the consideration of HB 252. [Before the
committee was CSHB 252(STA).]
10:36:12 AM
REPRESENTATIVE GABRIELLE LEDOUX, Alaska State Legislature, said
HB 252 requires paid leave from state employment for organ and
bone marrow donations. The employer is not required to provide
more than 80 hours of leave and it may not be less than 40 hours
unless the employee asks for less. Fewer than 100 people in
Alaska are waiting for a bone marrow transplant. Matching is
rare; about 1 match in 100,000 people is typical. 30 states have
already passed this kind of law.
SENATOR STEVENS asked what the requirements are to make such a
donation and how much time it takes.
10:39:05 AM
BRUCE ZALNERAITIS, Chief Executive Officer, Life Alaska Donor
Services, Anchorage, spoke in support of HB 252. He explained
that a donor for a kidney transplant first is evaluated
medically. Next they donate blood for matching, typing and
compatibility. The process may take up to 3 months but doesn't
require time away from work. The surgery to donate the kidney
takes a few hours, the hospital recovery period is about a week,
and more recovery time may be required at home. On average two
weeks is more than enough time for most people to recover.
BERNADETTE ANTON, National Marrow Donor Program, Minneapolis,
MN, said for bone marrow donations the initial screening is done
over the phone. After that blood samples are drawn and a
physical examination is done. That takes up to a day from work
depending on location and travel times. The donation can happen
in two different ways. One is giving peripheral blood stem
cells. For that the donor receives four days of injections and
then the donation is made. The injections can make a person ill
and they may not feel like going to work. Peripheral blood stem
cell donation could take from 2 to 5 days for the actual
donation so the 40 hours is reasonable. The other method is
marrow collection. That surgical procedure takes a day in the
operating room and from 1 to 5 days recovery at home. Most
marrow donors aren't away from work for more than a week. If a
person does heavy labor they might need more time. The 80 hours
for marrow donation is very generous and probably wouldn't all
be used unless the donor had unusual complications.
10:43:04 AM
SENATOR STEVENS it is good to encourage people to become donors.
He summarized that leave time for evaluation and other
preliminary work wouldn't be necessary but there would be some
recovery time after the actual kidney donation and bone marrow
collection.
SONYA HYMER, Staff to Representative LeDoux, said the current
version of the bill would permit paid administrative leave for
the screening process.
10:44:10 AM
SENATOR STEVENS asked for an explanation of the screening
process.
MS. HYMER said there would be some testing to determine
compatibility. She deferred more technical details to the
experts.
MS. ANTON said when bone marrow donors are recruited onto the
registry the initial screening is done. That time wouldn't fall
under this bill in her view. Once the person is a potential
match for a recipient, they would be called for additional
testing at a physician's office, a lab or a donor center. It
would not take a whole day unless excessive travel time was
required. Her reading is that time would fall under the bill.
Before she neglected to mention that a donor giving marrow might
have to give a natalogist unit of blood prior to the donation
and that could take a portion of a day depending on where the
donor had to go. Then there is the actual donation procedure
that she described.
10:45:46 AM
SENATOR STEVENS said this sounds like it could be painful or
life-threatening and isn't something people would do to get time
off from work.
MS. ANTON agreed; donors are really dedicated and want to help
another individual have a better life.
SENATOR FRENCH pointed out the series of zero fiscal notes
indicating that there will be an extremely small number of
people who will take advantage of this.
SENATOR FRENCH moved to report CSHB 252(STA) from committee with
individual recommendations and attached zero fiscal note(s).
There being no objection, the bill moved from committee.
There being no further business to come before the committee,
Chair McGuire adjourned the meeting at 10:47:24 AM.
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