Legislature(2009 - 2010)BELTZ 105 (TSBldg)
03/09/2010 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing: State Commission for Human Rights | |
| Confirmation Hearing: Lieutenant Governor Successor | |
| Confirmation Hearing: Department of Military and Veterans Affairs | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
March 9, 2010
9:02 a.m.
MEMBERS PRESENT
Senator Linda Menard, Chair
Senator Kevin Meyer, Vice Chair
Senator Hollis French
Senator Albert Kookesh
MEMBERS ABSENT
Senator Joe Paskvan
COMMITTEE CALENDAR
CONFIRMATION HEARING: STATE COMMISSION FOR HUMAN RIGHTS
- CONFIRMATION ADVANCED
CONFIRMATION HEARING: LIEUTENANT GOVERNOR SUCCESSOR
- CONFIRMATION ADVANCED
CONFIRMATION HEARING: DEPARTMENT OF MILITARY AND VETERANS
AFFAIRS
- CONFIRMATION ADVANCED
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
LESTER LUNCEFORD, Appointee
POSITION STATEMENT: Appointee for the State Commission for Human
Rights
LARRY HARTIG, Appointee
POSITION STATEMENT: Appointee for Lieutenant Governor Successor
BRIGADIER GENERAL THOMAS KATKUS, Appointee
POSITION STATEMENT: Appointee for Commissioner - Department of
Military and Veterans Affairs
MAJOR MICHAEL COONS, Executive Officer
First Battalion Central Command 49th Readiness Brigade
Alaska State Defense Force
POSITION STATEMENT: Spoke in support of the confirmation of
Brigadier General Katkus.
ACTION NARRATIVE
9:02:30 AM
CHAIR LINDA MENARD called the Senate State Affairs Standing
Committee meeting to order at 9:02 a.m. Present at the call to
order were Senators Meyer, French, Kookesh and Menard.
^Confirmation Hearing: State Commission for Human Rights
Confirmation Hearing: State Commission for Human Rights
9:03:59 AM
CHAIR MENARD announced the first order of business to come
before the committee was the confirmation hearing for the State
Commission for Human Rights.
LESTER LUNCEFORD, appointee, State Commission for Human Rights
said he has served on the Human Rights Commission for over seven
years after having been appointed and confirmed by the
Legislature twice previously. His background includes police and
law enforcement. He is currently the mayor of Whittier and works
for the Alaska Railroad Corporation. He feels the Human Rights
Commission's work to help eliminate discrimination in the
workplace is important and he would like to continue with it.
9:05:53 AM
CHAIR MENARD asked Mr. Lunceford what his contributions to the
Human Rights Commission are.
MR. LUNCEFORD replied that he served as a law enforcement
officer for his adult life, trying to uphold the rights of
individuals. Within the Human Rights Commission, he was
surprised to learn the amount of discrimination in the workplace
that takes place and has worked to eliminate it. He believes the
Commission's staff is good at investigating offenses and he
likes being involved in the process of educating workplaces and
citizen about discrimination.
CHAIR MENARD asked him to list a couple of his objectives for
his possible next term on the Commission.
MR. LUNCEFORD replied that the length of time between reporting
a case and that case's resolution is a concern for complainants,
employers and elected officials. His goal is to work with the
Legislature and Governor's office to reduce the time needed to
investigate cases. Sometimes an investigation, appeals process
and resolution take years to complete.
9:08:59 AM
CHAIR MENARD closed public testimony.
SENATOR FRENCH moved to advance Lester Lunceford's name for
appointment to the State Commission for Human Rights. His name
will be forwarded to the full membership of the legislature in
joint session for consideration and a final vote.
9:09:57 AM
CHAIR MENARD called an at ease from 9:09 to 9:11.
9:11:02 AM
CHAIR MENARD clarified that passing Mr. Lunceford's name out of
committee does not reflect any member's intent to vote for or
against the confirmation of the individual during further
sessions.
^Confirmation Hearing: Lieutenant Governor Successor
Confirmation Hearing: Lieutenant Governor Successor
9:11:32 AM
CHAIR MENARD announced the next order of business to come before
the committee was the confirmation hearing for the Lieutenant
Governor Successor.
LARRY HARTIG, appointee, Lieutenant Governor Successor, said he
is currently the Commissioner of Alaska Department of
Environmental Conservation (DEC). Commissioner Hartig said he
grew up in Anchorage. He did land and title work for Alyeska
pipeline for several years, then managed a company in Kenai
before going to Lewis and Clark Law School in Oregon. While
there, he also worked for Safeco Title Insurance Company. After
completing law school and returning to Alaska, he worked for his
father's former law firm for 23 years. He left private practice
in February, 2007, to work for the state of Alaska in his
current position. He enjoys working with the Legislature and
people all over Alaska on a variety of issues. Should he need to
step into the Lieutenant Governor's position between now and
August or November, his primary function would be to understand
and ensure a fair primary election in August and general
election in November. His successor would be in place after
those elections.
9:15:39 AM
CHAIR MENARD asked if it is reasonable to assume Commissioner
Hartig has a good working relationship with Governor Parnell and
Lieutenant Governor Campbell.
COMMISSIONOR HARTIG replied that Governor Parnell has known him
for 25 years and has said that Commissioner Hartig can be
counted on to step in and deal with an emergency.
SENATOR FRENCH said he and Commissioner Hartig had a
conversation a month ago about the circumstances around Gershon
Cohen's appointment and subsequent removal from the Science
Advisory Panel. He asked Commissioner Hartig to give his
perspective on what happened.
COMMISSIONER HARTIG replied that the Science Advisory Panel was
formed under HB 134, which passed unanimously in both bodies in
2009. He worked closely with the Legislature on HB 134 which
pertained to wastewater discharge permits issued to large cruise
ship vessels operating in Alaska.
9:17:56 AM
The Legislature expressed its intent that the cruise ship
industry eventually meet state water quality standards at the
point they discharge, but recognized that the cruise ships were
not at that point yet and do not know when technology will
facilitate doing so. During the interim, DEC can authorize a
mixing zone, allowing some dilution, after determining that the
discharger is using the most effective pollution-reducing
technology that is economically feasible. DEC was directed to
form a Science Advisory Panel to help determine what can be
achieved now and in the future. The panel consists of 11 members
some of whom must come from specific sectors including non-
governmental organizations (NGO's), the cruise ship and fishing
industries and local communities. The panel is supposed to
prepare several reports for the Legislature and DEC about what
is achievable. The panel and DEC's authority to authorize mixing
zones cease after 6 years; the Legislature reconsiders if DEC
can continue to authorize mixing zones or if cruise ship
companies are going to meet water quality standards at that
time. DEC can ask questions of the cruise ship industry and
require answers, allowing DEC to track cruise ships'
technological advancements.
9:21:03 AM
Within six years, permits have to be rewritten and ships have to
be fitted with new technology and meet the toughest standards in
the world, which are unknown until the panel informs the
legislature and DEC. In the interim, the cruise ship industry
has to abide by DEC permits and limits while looking at the
panel's work to foresee what is coming in six years.
COMMISSIONER HARTIG said appointing people to the panel had two
competing factors: satisfy various interest groups that the
process is fair and ensuring the panel does the best science as
their decisions affect Southeast Alaska's economy and
environment. The only nominee from an NGO was Dr. Gershon Cohen,
who Commissioner Hartig has known for 15 years. Dr. Cohen was a
co-sponsor of the 2006 initiative which created the tight
[discharge] requirements. Commissioner Hartig did not feel Dr.
Cohen could be impartial on a science panel. Crossing the line
from science into advocacy can cripple the effort.
9:25:15 AM
COMMISSIONER HARTIG said he assured Dr. Cohen that Dr. Cohen
will get all the information for all meetings and can attend
meetings as a member of the public and provide input. He said
the decision [to keep Dr. Cohen off the panel] was not perfect
nor one he enjoyed.
SENATOR FRENCH asked if Commissioner Hartig appointed Dr. Cohen
to the panel in mid-December, 2009.
COMMISSIONER HARTIG replied that the DEC did so but he did not
handle the appointments himself. He knew Dr. Cohen was on the
list and, as the only candidate from an NGO, would likely be
appointed.
SENATOR FRENCH asked Commissioner Hartig if he was aware Dr.
Cohen had been nominated and who Dr. Cohen was before he was
appointed.
COMMISSIONER HARTIG replied that he was aware that Dr. Cohen was
the only candidate from an NGO the last time he saw the list,
which was shortly before the appointments. He assumed Dr. Cohen
would be appointed.
SENATOR FRENCH asked Commissioner Hartig if he did anything to
stop the appointment ahead of time.
COMMISSIONER HARTIG replied no.
SENATOR FRENCH said Commissioner Hartig removed Dr. Cohen one
month later.
COMMISSIONER HARTIG confirmed this.
SENATOR MEYER asked Commissioner Hartig if, in the event that he
became the Lieutenant Governor, he would consider or support the
possibility of electronic voting in statewide elections.
9:28:03 AM
COMMISSIONER HARTIG answered that he is not familiar with the
issue and does not see it happening during the short tenure he
would have as Lieutenant Governor. Federal requirements about
voting and voting access would have to be examined. He would
consult the AG's office, the Director of Elections and other
experts on any question about election practices.
SENATOR MEYER questioned if Commissioner Hartig's appointment is
only in effect between now and next November.
COMMISSIONER HARTIG said he believes that is correct. He
believed that the Governor elected in November would designate
the Lieutenant Governor's successor and go through the
confirmation process.
SENATOR MEYER asked if Commissioner Hartig currently lives in
Anchorage or Juneau.
COMMISSIONER HARTIG replied that he lives in Anchorage.
9:30:57 AM
CHAIR MENARD closed public testimony.
SENATOR FRENCH said he would not be supporting Commissioner
Hartig. He was profoundly disturbed by the handling of the
Gershon Cohen situation. Dr. Cohen was appointed by the
commissioner's office and removed one month later before the
Science Advisory Panel had met. He said it looked like the
cruise ship industry had swooped in and exercised some
influence.
SENATOR KOOKESH said he has known Commissioner Hartig for years
and would be very comfortable with him as Lieutenant Governor.
9:33:14 AM
SENATOR MEYER moved to advance the name of Larry Hartig for
appointment as the Lieutenant Governor Successor. The name will
be forwarded to the full membership of the legislature in joint
session for consideration and a final vote.
9:33:50 AM
CHAIR MENARD called an at ease from 9:33 to 9:35 a.m.
^Confirmation Hearing: Department of Military and Veterans
Affairs
Confirmation Hearing: Commissioner - Department of Military and
Veterans Affairs
9:35:07 AM
CHAIR MENARD announced the next order of business to come before
the committee was the confirmation hearing for the Commissioner
- Department of Military and Veterans Affairs.
BRIGADIER GENERAL THOMAS KATKUS, appointee, Commissioner for the
Department of Military and Veterans Affairs, said he is
currently serving in this position and as the Adjutant General
for the State of Alaska. He said he has had a great career in
civilian and military opportunities, is in awe of being able to
go through the confirmation process and is open to any
questions.
SENATOR FRENCH noted that General Katkus was in Bethel as the
Communications Electronics Officer in 1993 and then in Quinhagak
as the Infantry Company Commander in 1994. He asked General
Katkus about his years in the Yukon-Kuskokwim Delta.
GENERAL KATKUS replied that he had moved from an airborne
attachment located in Anchorage which found places around the
state to parachute into over night. He said that gave him some
insight into how rural areas function. He then went to the 5th
Battalion at Jewel Lake Armory, an Anchorage based organization
with tracked armored vehicles in muskeg country, which gave him
an appreciation of the land and climate. Through his law
enforcement career, he met numerous people from the village
areas on the streets of Anchorage and realized people have
different perceptions and attitudes. When he went out to a rural
area it was with the direction to learn everything he could from
the commanders out there and learn what it takes to lead a rural
area. He said he was taught how to make life a little easier in
a rural area and developed relationships there.
9:39:20 AM
He recalled when the Bethel armory had to be moved from an area
that was not well-suited, in the middle of a swamp. Interacting
with the community and moving it to a better site all happened
within eight months and was about understanding relationships,
knowing the people out there and understanding how to interact
instead of coming from an urban-centric mindset.
SENATOR MEYER said, for the record, that his wife works for
General Katkus and he knows General Katkus very well. Senator
Meyer believes procedure calls for him to participate at the
committee level and then declare a conflict of interest and be
excused from voting on the floor.
9:40:57 AM
CHAIR MENARD opened public testimony.
MAJOR MICHAEL COONS, Executive Officer, First Battalion Central
Command 49th Readiness Brigade, Alaska State Defense Force, said
the State Defense Force gives a product, public safety, for a
very small price with volunteers who train one weekend per month
without pay. All equipment needed to deploy on a moment's notice
are paid for by members. The only cost to the state is when the
Defense Force deploys. After having a 2.5 hour conversation with
General Katkus, Major Coons believes the Alaska State Defense
Force has and can continue to give the people of Alaska huge
bang for the buck with support from the Legislature, General
Katkus and the Governor.
9:44:33 AM
CHAIR MENARD closed public testimony.
SENATOR FRENCH moved to advance the name of Brigadier General
Thomas Katkus' name for Commissioner - Department of Military
and Veterans Affairs. The name will be forwarded to the full
membership of the legislature in joint session for consideration
and a final vote.
9:45:07 AM
CHAIR MENARD, see no further business to come before the
committee, adjourned the meeting.
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