Legislature(2015 - 2016)BUTROVICH 205

03/19/2015 09:00 AM STATE AFFAIRS

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Audio Topic
09:00:25 AM Start
09:01:14 AM Alaska Commercial Fisheries Entry Commission
09:48:36 AM Alaska Public Offices Commission
10:03:49 AM Commissioner, Department of Transportation and Public Facilities
10:31:50 AM Lieutenant Governor Successor
10:43:00 AM SJR15|| SCR4
10:58:39 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Public Testimony --
+ Confirmation of Governor's Appointments: TELECONFERENCED
Benjamin Brown, Alaska Commercial Fisheries
Entry Commission
Verne Rupright, Alaska Commercial Fisheries Entry
Commission
Mark Fish, Alaska Public Offices Commission
Mark Luiken, Department of Transportation and
Public Facilities
Craig Fleener, Lieutenant Governor Successor
+= SJR 15 CALL FOR US COUNTERMAND CONVENTION TELECONFERENCED
Heard & Held
(Continued from 3/17/15)
+= SCR 4 US COUNTERMAND CONVENTION DELEGATES TELECONFERENCED
Heard & Held
(Continued from 3/17/15)
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         March 19, 2015                                                                                         
                           9:00 a.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Bill Stoltze, Chair                                                                                                     
Senator John Coghill, Vice Chair                                                                                                
Senator Charlie Huggins                                                                                                         
Senator Lesil McGuire                                                                                                           
Senator Bill Wielechowski                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S):                                                                                                        
                                                                                                                                
Alaska Commercial Fisheries Entry Commission                                                                                  
                                                                                                                                
     Vern E. Rupright, Esq. - Wasilla                                                                                           
     Benjamin Brown - Juneau                                                                                                    
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Alaska Public Offices Commission                                                                                              
                                                                                                                                
     Mark S. Fish - Big Lake                                                                                                    
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Commissioner - Department of Transportation & Public Facilities                                                               
                                                                                                                                
     Marc A. Luiken                                                                                                             
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Lieutenant Governor Successor                                                                                                 
                                                                                                                                
     Craig Fleener - Anchorage                                                                                                  
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
SENATE JOINT RESOLUTION NO. 15                                                                                                  
Making  application  to the  United  States  Congress to  call  a                                                               
convention of  the states to  propose a countermand  amendment to                                                               
the Constitution of  the United States as provided  under art. V,                                                               
Constitution of  the United States;  and urging  the legislatures                                                               
of the other 49 states to make the same application.                                                                            
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
SENATE CONCURRENT RESOLUTION NO. 4                                                                                              
Relating to the  duties of delegates selected  by the legislature                                                               
to  attend  a convention  of  the  states  called under  art.  V,                                                               
Constitution  of the  United States,  to  consider a  countermand                                                               
amendment to the Constitution of  the United States; establishing                                                               
as a joint  committee of the legislature  the Delegate Credential                                                               
Committee and relating to the  duties of the committee; providing                                                               
for  an  oath  for  delegates and  alternates  to  a  countermand                                                               
amendment convention;  providing for a chair  and assistant chair                                                               
of the  state's countermand  amendment delegation;  providing for                                                               
the  duties   of  the  chair   and  assistant   chair;  providing                                                               
instructions  for the  selection of  a convention  president; and                                                               
providing  specific language  for  the  countermand amendment  on                                                               
which  the state's  convention delegates  are  authorized by  the                                                               
legislature to vote to approve.                                                                                                 
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SJR 15                                                                                                                  
SHORT TITLE: CALL FOR US COUNTERMAND CONVENTION                                                                                 
SPONSOR(s): SENATOR(s) STOLTZE                                                                                                  
                                                                                                                                
02/13/15       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/13/15       (S)       STA, JUD                                                                                               
03/17/15       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
03/17/15       (S)       Heard & Held                                                                                           
03/17/15       (S)       MINUTE(STA)                                                                                            
03/19/15       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SCR 4                                                                                                                   
SHORT TITLE: US COUNTERMAND CONVENTION DELEGATES                                                                                
SPONSOR(s): SENATOR(s) STOLTZE                                                                                                  
                                                                                                                                
02/13/15       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/13/15       (S)       STA, JUD, FIN                                                                                          
03/17/15       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
03/17/15       (S)       Heard & Held                                                                                           
03/17/15       (S)       MINUTE(STA)                                                                                            
03/19/15       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
VERNE E. RUPRIGHT, Esq., Appointee                                                                                              
Alaska Commercial Fisheries Entry Commission (CFEC)                                                                             
Wasilla, Alaska                                                                                                                 
POSITION  STATEMENT:    Testified  as  appointee  to  the  Alaska                                                             
Commercial Fisheries Entry Commission (CFEC).                                                                                   
                                                                                                                                
BENJAMIN BROWN, Appointee                                                                                                       
Alaska Commercial Fisheries Entry Commission (CFEC)                                                                             
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    Testified  as  appointee  to  the  Alaska                                                             
Commercial Fisheries Entry Commission (CFEC).                                                                                   
                                                                                                                                
MARTIN LUNDE, Ph.D.                                                                                                             
Southeast Alaska Seiners Association                                                                                            
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Testified in support of  the appointment of                                                             
Verne E. Rupright, Esq., and  the reappointment of Benjamin Brown                                                               
to the Commercial Fisheries Entry Commission (CFEC).                                                                            
                                                                                                                                
MARK S. FISH, Appointee                                                                                                         
Alaska Public Offices Commission (APOC)                                                                                         
Big Lake, Alaska                                                                                                                
POSITION STATEMENT:  Testified as  appointee to the Alaska Public                                                             
Offices Commission (APOC).                                                                                                      
                                                                                                                                
MARC A. LUIKEN, Appointee                                                                                                       
Commissioner                                                                                                                    
Department of Transportation and Public Facilities (DOT&PF)                                                                     
No address provided                                                                                                             
POSITION STATEMENT:   Testified as  appointee to the  position of                                                             
Commissioner  of  the  Department of  Transportation  and  Public                                                               
Facilities (DOT&PF).                                                                                                            
                                                                                                                                
CRAIG FLEENER, Appointee                                                                                                        
Lieutenant Governor Successor                                                                                                   
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Testified as  appointee to the  position of                                                             
successor to the Lieutenant Governor.                                                                                           
                                                                                                                                
KEN RAY                                                                                                                         
Wasilla, Alaska                                                                                                                 
POSITION  STATEMENT:   During the  confirmation hearing  of Craig                                                             
Fleener  to  the  position   of  Lieutenant  Governor  Successor,                                                               
provided  comments   regarding  the   appointment  of   Verne  E.                                                               
Rupright,    Esq.,   to    the    Commercial   Fisheries    Entry                                                               
Commission (CFEC).                                                                                                              
                                                                                                                                
CHARLES KACPROWICZ, Executive Director                                                                                          
Citizen Initiatives                                                                                                             
Spruce Pines, North Carolina                                                                                                    
POSITION  STATEMENT:    Provided comments  during  discussion  of                                                             
SJR 15 and SCR 4.                                                                                                               
                                                                                                                                
MIKE COONS, National and State Director                                                                                         
Citizen Initiatives                                                                                                             
Palmer, Alaska                                                                                                                  
POSITION  STATEMENT:    Provided comments  during  discussion  of                                                             
SJR 15 and SCR 4.                                                                                                               
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
9:00:25 AM                                                                                                                    
CHAIR  BILL  STOLTZE called  the  Senate  State Affairs  Standing                                                             
                                                                                                                                
Committee meeting to  order at 9:00 a.m.  Present  at the call to                                                               
                                                                                                                                
order were Senators Huggins, Wielechowski, and Chair Stoltze.                                                                   
                                                                                                                                
                                                                                                                                
^Confirmation Hearing(s):                                                                                                       
                                                                                                                                
                    Confirmation Hearing(s):                                                                                
                                                                                                                                
^Alaska Commercial Fisheries Entry Commission                                                                                   
                                                                                                                                
          Alaska Commercial Fisheries Entry Commission                                                                      
                                                                                                                                
                                                                                                                                
9:01:14 AM                                                                                                                    
                                                                                                                                
CHAIR STOLTZE  announced that the  first order of  business would                                                               
                                                                                                                                
be consideration of  the appointment of Verne  E. Rupright, Esq.,                                                               
                                                                                                                                
to the Alaska Commercial Fisheries Entry Commission (CFEC).                                                                     
                                                                                                                                
                                                                                                                                
9:01:37 AM                                                                                                                    
                                                                                                                                
VERNE E.  RUPRIGHT, Esq., Appointee, Alaska  Commercial Fisheries                                                               
                                                                                                                                
Entry  Commission  (CFEC),  noting   that  his  resume  has  been                                                               
included  in  members'  packets,  recounted  items  from  it  and                                                               
                                                                                                                                
provided some additional personal information.                                                                                  
                                                                                                                                
                                                                                                                                
SENATOR COGHILL joined the committee meeting.                                                                                   
                                                                                                                                
                                                                                                                                
MR.  RUPRIGHT, in  response to  questions, remarked  on his  good                                                               
                                                                                                                                
work habits,  and offered  his belief  that they  as well  as his                                                               
                                                                                                                                
past work  in management positions  and as an attorney  in Alaska                                                               
                                                                                                                                
qualifies  him  to  serve  on   the  Commercial  Fisheries  Entry                                                               
                                                                                                                                
Commission  (CFEC)  and come  to  reasonable  decisions with  the                                                               
                                                                                                                                
other commissioners.   Raising the  question of whether  the CFEC                                                               
                                                                                                                                
is currently  achieving its goals  in terms of meeting  the needs                                                               
                                                                                                                                
of a more  modern Alaska fishery, however, he  indicated a belief                                                               
                                                                                                                                
that the  CFEC needs to  be reviewed,  consolidated, reorganized,                                                               
                                                                                                                                
and restructured.   He  offered his  understanding that  the CFEC                                                               
                                                                                                                                
addresses permitting  issues in  a timely fashion  and is  in the                                                               
                                                                                                                                
process of  reviewing its regulatory  and statutory  schemes, and                                                               
                                                                                                                                
that there are  currently 28 unresolved cases  pending before the                                                               
                                                                                                                                
CFEC;  posited  that a  proper  analysis  of  those 28  cases  is                                                               
                                                                                                                                
necessary for  their resolution;  and predicted that  the closure                                                               
                                                                                                                                
or  limited  entry   of  certain  fisheries  in   the  future  is                                                               
                                                                                                                                
unavoidable  due   to  the  burdens  being   placed  on  Alaska's                                                               
                                                                                                                                
fisheries.                                                                                                                      
                                                                                                                                
                                                                                                                                
SENATOR MCGUIRE joined the committee meeting.                                                                                   
                                                                                                                                
                                                                                                                                
MR. RUPRIGHT,  in response to  further questions,  indicated that                                                               
                                                                                                                                
if confirmed, he would commute  from Wasilla to Juneau, where the                                                               
                                                                                                                                
CFEC office is located; acknowledged  that perhaps the CFEC might                                                               
                                                                                                                                
need  to   open  additional  offices,  hold   hearings  in  other                                                               
                                                                                                                                
communities, and  interact with  other states such  as Washington                                                               
                                                                                                                                
in  order to  continue addressing  the needs  of the  commercial-                                                               
fishing industry  in Alaska;  and noted  that the  CFEC interacts                                                               
                                                                                                                                
with and coordinates information with  the Board of Fisheries and                                                               
                                                                                                                                
the  Alaska Department  of Fish  and Game  (ADF&G), the  entities                                                               
                                                                                                                                
responsible for  addressing fishery  allocation levels,  with the                                                               
                                                                                                                                
CFEC  then  addressing  economic-  and  fishery-viability  issues                                                               
                                                                                                                                
related to permitting.   In response to  concerns expressed about                                                               
                                                                                                                                
the  CFEC,  particularly  with  regard to  a  lack  of  employee-                                                               
                                                                                                                                
accountability,  low permitting  numbers, and  the aforementioned                                                               
                                                                                                                                
backlog of unresolved cases, Mr.  Rupright agreed that changes to                                                               
                                                                                                                                
the CFEC are in order, sooner  rather than later, and offered his                                                               
                                                                                                                                
understanding  that  in  terms  of  possible  budget  reductions,                                                               
                                                                                                                                
staffing levels have already been reduced.                                                                                      
                                                                                                                                
                                                                                                                                
[Additional  testimony  regarding  the appointment  of  Verne  E.                                                               
                                                                                                                                
Rupright,  Esq., to  the  Commercial  Fisheries Entry  Commission                                                               
                                                                                                                                
(CFEC) was provided later in the meeting.]                                                                                      
                                                                                                                                
                                                                                                                                
[Later in  the meeting, the  motion to advance the  nomination of                                                               
                                                                                                                                
Verne  E.  Rupright, Esq.,  to  the  Alaska Commercial  Fisheries                                                               
                                                                                                                                
Entry Commission was made and carried.]                                                                                         
                                                                                                                                
                                                                                                                                
9:25:51 AM                                                                                                                    
                                                                                                                                
CHAIR STOLTZE announced that the  next order of business would be                                                               
                                                                                                                                
consideration  of  the reappointment  of  Benjamin  Brown to  the                                                               
                                                                                                                                
Alaska Commercial Fisheries Entry Commission (CFEC).                                                                            
                                                                                                                                
                                                                                                                                
9:26:06 AM                                                                                                                    
                                                                                                                                
BENJAMIN  BROWN,  Appointee,  Alaska Commercial  Fisheries  Entry                                                               
                                                                                                                                
Commission (CFEC),  recounted some of  the items outlined  in his                                                               
                                                                                                                                
resume and  provided some  additional personal  information, and,                                                               
                                                                                                                                
with regard to his reappointment  to the CFEC, explained that for                                                               
                                                                                                                                
two of the years of his  previous four-year term, there were only                                                               
two commissioners serving, himself  and CFEC Chair Bruce Twomley,                                                               
                                                                                                                                
with Mr. Rupright [as appointee]  having joined them "a couple of                                                               
                                                                                                                                
months  ago,"  during   what  Mr.  Brown  described   as  a  very                                                               
                                                                                                                                
challenging  time  for the  CFEC  given  Alaska's current  fiscal                                                               
                                                                                                                                
situation.  Mentioning  that the CFEC is  currently undergoing an                                                               
                                                                                                                                
audit, and  opining that it would  be very premature to  make any                                                               
                                                                                                                                
policy changes  to the CFEC  prior to the audit's  completion, he                                                               
                                                                                                                                
offered his  belief that  the CFEC  should remain  an independent                                                               
                                                                                                                                
entity, and indicated  that [if reappointed he]  would respond to                                                               
                                                                                                                                
the issues  that arise  as the CFEC  seeks to  continue providing                                                               
                                                                                                                                
Alaskans, and others with fishing  privileges in Alaska, the best                                                               
                                                                                                                                
possible  level  of service  in  as  cost-effective a  manner  as                                                               
                                                                                                                                
possible.                                                                                                                       
                                                                                                                                
                                                                                                                                
SENATOR MCGUIRE  mentioned that she's  worked with Mr.  Brown for                                                               
                                                                                                                                
many  years,  and trusts  his  judgement  and  likes the  way  he                                                               
                                                                                                                                
analyzes issues.                                                                                                                
                                                                                                                                
                                                                                                                                
9:31:30 AM                                                                                                                    
                                                                                                                                
MR. BROWN, in  response to comments and  questions, provided some                                                               
                                                                                                                                
information about  the CFEC - including  historical information -                                                               
                                                                                                                                
and his  understanding of how  the CFEC functions in  relation to                                                               
                                                                                                                                
other  entities;  reiterated  his  belief that  the  CFEC  should                                                               
                                                                                                                                
remain  an independent  entity,  especially in  terms of  issuing                                                               
                                                                                                                                
permits and  overseeing their  transfer, particularly  given that                                                               
                                                                                                                                
such  permits can  sometimes  be used  as  collateral in  certain                                                               
                                                                                                                                
circumstances; relayed  that should he be  reappointed, there are                                                               
                                                                                                                                
many  technological  improvements  that  he  would  like  to  see                                                               
                                                                                                                                
implemented;  and ventured  that during  his next  four-year term                                                               
                                                                                                                                
the CFEC will  continue to be researching  and analyzing possible                                                               
                                                                                                                                
improvements.   For example,  the on-line  permit-renewal process                                                               
                                                                                                                                
could  be improved,  and more  technologically-up-to-date on-line                                                               
services   could  be   provided  to   clients,  thereby   further                                                               
                                                                                                                                
decreasing personnel costs.                                                                                                     
                                                                                                                                
                                                                                                                                
MR.  BROWN,  in  response  to  further  comments  and  questions,                                                               
                                                                                                                                
offered  his  beliefs  that  Title  16  stipulates  that  permits                                                               
                                                                                                                                
provide holders  with use-privileges  that are  revocable without                                                               
                                                                                                                                
compensation,  and that  there are  several fisheries  that could                                                               
                                                                                                                                
possibly  be limited  in the  next few  years.   He acknowledged,                                                               
                                                                                                                                
however,  that perhaps  the  CFEC  has been  a  little remiss  in                                                               
                                                                                                                                
performing  "optimum-number"  studies,  which  require  obtaining                                                               
                                                                                                                                
net-earnings  information   -  tax   information  -   from  those                                                               
                                                                                                                                
participating in  a particular fishery.   What needs to  be done,                                                               
                                                                                                                                
he  opined,  is  to  look  at  ways  to  prioritize  all  limited                                                               
                                                                                                                                
fisheries, figure  out which ones are  most in need of  some sort                                                               
                                                                                                                                
of  optimum-number  "statement,"  and  generate  such  statements                                                               
                                                                                                                                
without engaging  in formal studies  unless doing so is  found to                                                               
                                                                                                                                
be necessary  for a particular  fishery; in instances  where such                                                               
                                                                                                                                
formal  studies  are  deemed necessary,  sufficient  resources  -                                                               
                                                                                                                                
including  sufficient  research  personnel   -  to  complete  the                                                               
                                                                                                                                
studies should be allocated for.   Ensuring that the CFEC remains                                                               
                                                                                                                                
an independent  entity will  ensure the  validity of  the various                                                               
                                                                                                                                
determinations that the CFEC issues, he proffered in conclusion.                                                                
                                                                                                                                
                                                                                                                                
9:43:44 AM                                                                                                                    
                                                                                                                                
MARTIN LUNDE,  Ph.D., Southeast Alaska Seiners  Association, said                                                               
                                                                                                                                
the Southeast Alaska Seiners Association  asks that the committee                                                               
                                                                                                                                
support  the appointment  of  Verne E.  Rupright,  Esq., and  the                                                               
                                                                                                                                
reappointment  of  Benjamin  Brown to  the  Commercial  Fisheries                                                               
                                                                                                                                
Entry Commission  (CFEC).   Both appointees  bring with  them the                                                               
                                                                                                                                
experience  and perspectives  that will  enable them  to conserve                                                               
                                                                                                                                
Alaska's  fisheries, serve  commercial fishers  in Alaska  in the                                                               
                                                                                                                                
best  way  possible,   and  carry  on  the  work   of  past  CFEC                                                               
commissioners; both  appointees are  very good  at what  they do,                                                               
                                                                                                                                
Alaska needs  their competence and  expertise, and  the Southeast                                                               
                                                                                                                                
Alaska Seiners  Association couldn't think of  better individuals                                                               
                                                                                                                                
for the  job.  "We encourage  you to confirm both  [Mr. Brown and                                                               
                                                                                                                                
Mr. Rupright],  and do all that  you can to help  keep [the] CFEC                                                               
                                                                                                                                
competent and independent," he said in conclusion.                                                                              
                                                                                                                                
                                                                                                                                
[Further  additional  testimony   regarding  the  appointment  of                                                               
                                                                                                                                
Verne E.  Rupright,  Esq.,  to  the  Commercial  Fisheries  Entry                                                               
                                                                                                                                
Commission (CFEC) was provided later in the meeting.]                                                                           
                                                                                                                                
                                                                                                                                
CHAIR STOLTZE noted  that members' packets contain  a letter from                                                               
                                                                                                                                
the  United  Fisherman   of  Alaska  (UFA)  in   support  of  the                                                               
                                                                                                                                
reappointment of Benjamin Brown to the CFEC.                                                                                    
                                                                                                                                
                                                                                                                                
[Later in  the meeting, the  motion to advance the  nomination of                                                               
                                                                                                                                
Benjamin  Brown   to  the   Alaska  Commercial   Fisheries  Entry                                                               
                                                                                                                                
Commission was made and carried.]                                                                                               
                                                                                                                                
                                                                                                                                
^Alaska Public Offices Commission                                                                                               
                                                                                                                                
                Alaska Public Offices Commission                                                                            
                                                                                                                                
                                                                                                                                
9:48:36 AM                                                                                                                    
                                                                                                                                
CHAIR STOLTZE announced that the  next order of business would be                                                               
                                                                                                                                
consideration of  the appointment of  Mark S. Fish to  the Alaska                                                               
                                                                                                                                
Public Offices Commission (APOC).                                                                                               
                                                                                                                                
                                                                                                                                
9:49:06 AM                                                                                                                    
                                                                                                                                
MARK  S.  FISH,  Appointee,   Alaska  Public  Offices  Commission                                                               
                                                                                                                                
(APOC), first,  to correct  an error on  the forms  he submitted,                                                               
                                                                                                                                
declared  that  neither  he  nor  any member  of  his  family  is                                                               
                                                                                                                                
affected financially by the decisions made  by the APOC.  He then                                                               
indicated that when asked to serve on  the APOC, he felt it to be                                                               
                                                                                                                                
his  civic duty  to do  so,  and noted  both that  his resume  is                                                               
                                                                                                                                
included in members' packets, and  that he's previously served on                                                               
                                                                                                                                
the  Alaska  State  Commission  for  Human  Rights,  and  on  the                                                               
                                                                                                                                
Citizens' Advisory  Commission on Federal Areas.   In conclusion,                                                               
                                                                                                                                
he said that he  is willing to serve on the  APOC, and feels that                                                               
                                                                                                                                
he  is  qualified  to  do  so.   In  response  to  questions,  he                                                               
                                                                                                                                
indicated that  he is a  [registered] Libertarian; is  in support                                                               
                                                                                                                                
of  a limited  government;  recognizes that  a  core function  of                                                               
                                                                                                                                
government   is   what  he   termed   "the   public  process   of                                                               
                                                                                                                                
accountability for elected officials";  and views maintaining the                                                               
                                                                                                                                
transparency  of such  as "a  preservation of  rights," both  the                                                               
                                                                                                                                
rights of candidates  to speak freely and the  rights of [voters]                                                               
                                                                                                                                
to make informed, valid choices.   The APOC is in place to ensure                                                               
                                                                                                                                
such transparency, and not to set limits on political speech.                                                                   
                                                                                                                                
                                                                                                                                
SENATOR   MCGUIRE   expressed   appreciation   for   Mr.   Fish's                                                               
                                                                                                                                
willingness to serve on the APOC.                                                                                               
                                                                                                                                
                                                                                                                                
MR. FISH, in response to  comments and further questions - noting                                                               
                                                                                                                                
that  he himself  has been  a  candidate for  public office,  has                                                               
                                                                                                                                
served as chair  of a political party, and is  a [voting] citizen                                                               
                                                                                                                                
- relayed  that he  believes in being  actively engaged  with all                                                               
                                                                                                                                
who  must deal  with the  APOC's regulations  [and requirements],                                                               
                                                                                                                                
and believes that it is the job  of the APOC to ensure that those                                                               
                                                                                                                                
who make an  honest effort to comply with  the APOC's regulations                                                               
                                                                                                                                
[and requirements]  have all the  information they need  in order                                                               
                                                                                                                                
to do so.   He said he would therefore like  to see more emphasis                                                               
                                                                                                                                
placed on  training courses and  on making them available  to all                                                               
                                                                                                                                
who  are either  running for  public office  or campaigning  on a                                                               
                                                                                                                                
particular issue so  that they have the information  they need in                                                               
a timely  manner.  Furthermore,  reporting to the APOC  should be                                                               
                                                                                                                                
made as easy and as fluid as possible via the use of technology.                                                                
                                                                                                                                
                                                                                                                                
9:57:13 AM                                                                                                                    
                                                                                                                                
MR. FISH said he doesn't think it's  the role of the APOC to seek                                                               
                                                                                                                                
out  possible  APOC  violations,  since such  behavior  could  be                                                               
                                                                                                                                
viewed  as being  punitive  -  as using  the  APOC  as a  weapon.                                                               
                                                                                                                                
Instead, the public  should be encouraged to  use the information                                                               
                                                                                                                                
reported to the APOC as a tool  to help them make decisions.  The                                                               
                                                                                                                                
statutes should be  enforced, the regulations must  be clear, and                                                               
                                                                                                                                
the citizens themselves are ultimately  the wielders of political                                                               
                                                                                                                                
power  and   should  therefore  be   the  ones  to   bring  forth                                                               
                                                                                                                                
information  about  possible APOC  violations.    In response  to                                                               
                                                                                                                                
further questions, he explained  that in compliance with statute,                                                               
                                                                                                                                
he  was  appointed to  the  APOC  specifically  because he  is  a                                                               
                                                                                                                                
[registered] Libertarian.  He noted,  however, that in a previous                                                               
                                                                                                                                
confirmation  hearing  he'd stated  his  belief  that the  public                                                               
                                                                                                                                
would  be better  served if  appointments  to the  APOC were  not                                                               
                                                                                                                                
selected by  any political  party and  party affiliation  was not                                                               
                                                                                                                                
considered.  He  added, "If I had my preference,  I wouldn't give                                                               
                                                                                                                                
political  parties  the  right  to   dictate  who  sits  on  this                                                               
                                                                                                                                
commission."                                                                                                                    
                                                                                                                                
                                                                                                                                
CHAIR STOLTZE  indicated favor  with the  appointment of  Mark S.                                                               
                                                                                                                                
Fish to the APOC.                                                                                                               
                                                                                                                                
                                                                                                                                
[Later in  the meeting, the  motion to advance the  nomination of                                                               
                                                                                                                                
Mark S.  Fish to  the Alaska Public  Offices Commission  was made                                                               
                                                                                                                                
and carried.]                                                                                                                   
                                                                                                                                
                                                                                                                                
^Commissioner,   Department   of    Transportation   and   Public                                                               
                                                                                                                                
Facilities                                                                                                                      
 Commissioner, Department of Transportation and Public Facilities                                                           
                                                                                                                                
                                                                                                                                
10:03:49 AM                                                                                                                   
                                                                                                                                
CHAIR STOLTZE announced that the  next order of business would be                                                               
                                                                                                                                
consideration  of  the  appointment  of Marc  A.  Luiken  to  the                                                               
                                                                                                                                
position of Commissioner of the  Department of Transportation and                                                               
                                                                                                                                
Public Facilities (DOT&PF).                                                                                                     
                                                                                                                                
                                                                                                                                
10:04:17 AM                                                                                                                   
                                                                                                                                
MARC   A.   LUIKEN,   Appointee,  Commissioner,   Department   of                                                               
                                                                                                                                
Transportation  and  Public Facilities  (DOT&PF),  characterizing                                                               
                                                                                                                                
the opportunity to again serve  as the commissioner of the DOT&PF                                                               
                                                                                                                                
as  an honor,  relayed  that his  primary  focus as  commissioner                                                               
                                                                                                                                
shall be to  progress the DOT&PF such that it  can meet budgetary                                                               
                                                                                                                                
challenges while  also accomplishing its core  mission of keeping                                                               
                                                                                                                                
Alaskans moving.  He said:                                                                                                      
                                                                                                                                
                                                                                                                                
     I   intend   to   seek   this   balance   by   pursuing                                                                    
                                                                                                                                
     organizational consolidations  and process-improvements                                                                    
                                                                                                                                
     wherever  possible  across  the  department.    We  are                                                                    
                                                                                                                                
     already at  work and considering options  to centralize                                                                    
                                                                                                                                
     some  key  functions,   while  also  standardizing  the                                                                    
                                                                                                                                
     processes and  tools we leverage  daily to get  our job                                                                    
                                                                                                                                
     done.  As we consider  change, be assured any change we                                                                    
                                                                                                                                
     propose  must  also  be sustainable  in  terms  of  the                                                                    
                                                                                                                                
     department's core responsibilities and  in light of the                                                                    
                                                                                                                                
     long-term  health  of  our  state's   budget.    As  we                                                                    
                                                                                                                                
     transform, we  will strive to  minimize the  impacts to                                                                    
                                                                                                                                
     our  core  services, which  are  so  vital to  Alaskans                                                                    
                                                                                                                                
     every day.   Regarding our  [fiscal year 2016  (FY 16)]                                                                    
                                                                                                                                
     operating  budget, at  this  point  in the  legislative                                                                    
                                                                                                                                
     process,  the reductions  being proposed  for ...  [the                                                                    
     DOT&PF's] operating  budget are significant;  I commend                                                                    
                                                                                                                                
     the  work  our dedicated  staff  members  have done  to                                                                    
                                                                                                                                
     absorb  and spread  this  reduction  across the  entire                                                                    
                                                                                                                                
     department, so that the impacts  are fair and equitable                                                                    
                                                                                                                                
     and  not one  service  is  affected significantly  more                                                                    
                                                                                                                                
     than another.                                                                                                              
                                                                                                                                
                                                                                                                                
     The   department  is   also   exploring  new   revenue-                                                                    
                                                                                                                                
     generating opportunities.   The time has  come for this                                                                    
                                                                                                                                
     challenging  conversation,  and  we'll need  your  help                                                                    
                                                                                                                                
     going forward  as we look  to users to help  defray the                                                                    
                                                                                                                                
     costs  of our  vast  transportation infrastructure  and                                                                    
                                                                                                                                
     state-provided services.   A  couple of examples  are a                                                                    
                                                                                                                                
     4.5  percent increase  in fares  in the  [Alaska Marine                                                                    
                                                                                                                                
     Highway System  (AMHS)] which will begin  this May, ...                                                                    
                                                                                                                                
     [and] introducing  the concept  of landing fees  at the                                                                    
                                                                                                                                
     Deadhorse Airport  in FY 16;  by 2017, it  is estimated                                                                    
                                                                                                                                
     that  these  landing  fees will  help  offset  airport-                                                                    
                                                                                                                                
     system costs,  and support, for  the long term,  one of                                                                    
                                                                                                                                
     the most  important transportation  hubs for  the North                                                                    
                                                                                                                                
     Slope.    Proactive  steps  like  these  -  those  that                                                                    
                                                                                                                                
     increase  the  department's  revenue  via  its  primary                                                                    
                                                                                                                                
     users  -  help  protect  the  core  services  that  are                                                                    
                                                                                                                                
     provided to  Alaskans every day,  and, in  turn, create                                                                    
                                                                                                                                
     a more-sustainable-operating-budget    approach   going                                                                    
                                                                                                                                
     forward.                                                                                                                   
                                                                                                                                
                                                                                                                                
10:07:00 AM                                                                                                                   
                                                                                                                                
MR. LUIKEN continued:                                                                                                           
                                                                                                                                
                                                                                                                                
     During  this period  of fiscal  uncertainty, especially                                                                    
                                                                                                                                
     where stakeholders  may either  experience a  change in                                                                    
     the DOT&PF-provided  service they're used to,  or where                                                                    
                                                                                                                                
     they may see an  increase in their out-of-pocket costs,                                                                    
                                                                                                                                
     it  is ...  [even more]  important to  foster proactive                                                                    
                                                                                                                                
     and effective  communications with  these stakeholders.                                                                    
                                                                                                                                
     This  includes ...  improving  upon the  way  I and  my                                                                    
                                                                                                                                
     staff communicate with  you, the legislature; enhancing                                                                    
                                                                                                                                
     how the  department involves and communicates  with the                                                                    
                                                                                                                                
     public;  and cultivating  better communication  between                                                                    
                                                                                                                                
     department   staff  across   the   state.     Improving                                                                    
                                                                                                                                
     communications  doesn't  only  mean  that  we  must  be                                                                    
                                                                                                                                
     better  at explaining  what we  can or  cannot do,  but                                                                    
                                                                                                                                
     that  we must  also be  skilled, active  listeners. ...                                                                    
                                                                                                                                
     Every citizen  is indeed  a subject-matter  expert, and                                                                    
                                                                                                                                
     so much more can be  gained by placing greater emphasis                                                                    
                                                                                                                                
     upon  the way  [the  DOT&PF] involves  Alaskans in  the                                                                    
                                                                                                                                
     decision-making process.   We  must engage  the public,                                                                    
                                                                                                                                
     understand and dignify positions,  and conduct our work                                                                    
                                                                                                                                
     in a customer/client-focused manner  - we are servants,                                                                    
                                                                                                                                
     and good servants are good listeners.                                                                                      
                                                                                                                                
                                                                                                                                
MR.   LUIKEN  provided   comments  about   the  DOT&PF's   deputy                                                               
                                                                                                                                
commissioners,  and relayed  that  his  priority as  commissioner                                                               
                                                                                                                                
will be to  "the organization" and thus he  envisions focusing on                                                               
                                                                                                                                
the department's core missions and  functions:  mobility, access,                                                               
                                                                                                                                
and  commerce.    The  DOT&PF  must  continue  to  provide  safe,                                                               
                                                                                                                                
environmentally-responsible,   and   sustainable   mobility   for                                                               
                                                                                                                                
travelers;  improve  access  and  opportunity  for  Alaskans  and                                                               
                                                                                                                                
business;  and   support  commerce   so  that  Alaska   can  grow                                                               
                                                                                                                                
economically.   The  needs of  Alaskans  must be  met with  fewer                                                               
                                                                                                                                
resources,  and the  transformational work  that will  enable the                                                               
                                                                                                                                
department to achieve that end is already underway.                                                                             
                                                                                                                                
                                                                                                                                
10:10:30 AM                                                                                                                   
                                                                                                                                
MR.  LUIKEN indicated  that his  second priority  as commissioner                                                               
                                                                                                                                
will  be  to   focus  on  making  the  DOT&PF   function  as  one                                                               
                                                                                                                                
department,  rather  than  as   separate  [enclaves]  divided  by                                                               
                                                                                                                                
geographic  location  and  [type  of] service  [provided]  as  is                                                               
                                                                                                                                
currently  the  case.   Alaska's  ferries,  roads,  and  aviation                                                               
                                                                                                                                
[hubs] all complement each other  to keep Alaskans moving, and as                                                               
                                                                                                                                
the DOT&PF works  to function as one department,  it must operate                                                               
                                                                                                                                
transparently,  honestly,   and  responsibly,   and  continuously                                                               
                                                                                                                                
strive for  improvement.  Regular  performance measures  shall be                                                               
                                                                                                                                
instituted,  and the  results published  for the  benefit of  the                                                               
                                                                                                                                
public;  employees   will  be  expected   to  serve   the  public                                                               
                                                                                                                                
responsibly;  and  the  DOT&PF   must  become  efficient  in  the                                                               
                                                                                                                                
allocation of its  most important resource - its  employees.  [On                                                               
                                                                                                                                
the latter point,  for example,] the DOT&PF is  expecting to lose                                                               
                                                                                                                                
over 30  percent of  its current workforce  during the  next five                                                               
                                                                                                                                
years.   To  address  this, he  relayed, he  wants  to create  an                                                               
                                                                                                                                
organization that  people will  want to  be a  part of,  one that                                                               
                                                                                                                                
encourages  [professional]  growth,  and recognizes  and  rewards                                                               
                                                                                                                                
collaboration and innovation.                                                                                                   
                                                                                                                                
                                                                                                                                
MR. LUIKEN emphasized  that [he and his staff]  would be striving                                                               
                                                                                                                                
to build an  organization that is accountable  to the legislature                                                               
                                                                                                                                
and  to Alaskans,  one that  promotes integrity,  excellence, and                                                               
                                                                                                                                
respect.  His  goal, he added, is to give  the DOT&PF's workforce                                                               
                                                                                                                                
the  resources, training,  focus,  and executive  guidance to  be                                                               
                                                                                                                                
better than  ever.  He  looks forward, he relayed  in conclusion,                                                               
                                                                                                                                
to taking  on the  challenge of  reevaluating and  resetting [the                                                               
                                                                                                                                
department's]  proper and  effective  role in  light of  Alaska's                                                               
                                                                                                                                
current fiscal  situation, so  that the  DOT&PF can  better serve                                                               
                                                                                                                                
Alaskans, both today and in the future.                                                                                         
                                                                                                                                
                                                                                                                                
CHAIR STOLTZE  indicated that he's  heard concerns  from Alaska's                                                               
                                                                                                                                
aviation community that information  being provided to the DOT&PF                                                               
                                                                                                                                
isn't making it  all the way to the commissioner's  office and is                                                               
                                                                                                                                
instead coming to a dead end at the division/section level.                                                                     
                                                                                                                                
                                                                                                                                
MR. LUIKEN  indicated that  he and his  leadership team  would be                                                               
                                                                                                                                
focusing   on   bettering    communication,   both   within   the                                                               
                                                                                                                                
organization,  and   without.    In  response   to  comments  and                                                               
                                                                                                                                
questions, he  reiterated that there  would be a focus  on making                                                               
                                                                                                                                
the DOT&PF function  as one department, and on  making the DOT&PF                                                               
                                                                                                                                
more receptive to input from  the public and the legislature; and                                                               
                                                                                                                                
indicated  that he,  as  commissioner, isn't  the  one who  would                                                               
                                                                                                                                
ultimately  be  responsible for  deciding  which  of the  state's                                                               
                                                                                                                                
transportation projects move forward.                                                                                           
                                                                                                                                
                                                                                                                                
SENATOR  WIELECHOWSKI  expressed  appreciation  of  Mr.  Luiken's                                                               
                                                                                                                                
comments regarding making improvements to the DOT&PF.                                                                           
                                                                                                                                
                                                                                                                                
MR.  LUIKEN,  in response  to  a  question, explained  that  he'd                                                               
                                                                                                                                
previously  resigned   from  the  DOT&PF  because   he  felt  his                                                               
                                                                                                                                
effectiveness as commissioner was at an end.                                                                                    
                                                                                                                                
                                                                                                                                
[Later in  the meeting, the  motion to advance the  nomination of                                                               
                                                                                                                                
Marc A. Luiken to the  position of Commissioner of the Department                                                               
                                                                                                                                
of Transportation and Public Facilities was made and carried.]                                                                  
                                                                                                                                
                                                                                                                                
10:30:37 AM                                                                                                                   
                                                                                                                                
SENATOR  COGHILL [made  a motion  to advance  from committee  the                                                               
                                                                                                                                
nominations of  Verne E.  Rupright, Esq.,  and Benjamin  Brown to                                                               
                                                                                                                                
the Alaska  Commercial Fisheries  Entry Commission.   There being                                                               
                                                                                                                                
no  objection, the  confirmations were  advanced from  the Senate                                                               
                                                                                                                                
State Affairs Standing Committee].                                                                                              
                                                                                                                                
                                                                                                                                
10:30:54 AM                                                                                                                   
                                                                                                                                
SENATOR  COGHILL [made  a motion  to advance  from committee  the                                                               
                                                                                                                                
nomination  of  Mark  S.  Fish   to  the  Alaska  Public  Offices                                                               
                                                                                                                                
Commission.    There being  no  objection,  the confirmation  was                                                               
                                                                                                                                
advanced from the Senate State Affairs Standing Committee].                                                                     
                                                                                                                                
                                                                                                                                
SENATOR  COGHILL  [reminded  members  that  signing  the  reports                                                               
                                                                                                                                
regarding  appointments  to  boards  and commissions  in  no  way                                                               
                                                                                                                                
reflects  individual  members'  approval or  disapproval  of  the                                                               
                                                                                                                                
appointees, and that the nominations  are merely forwarded to the                                                               
                                                                                                                                
full legislature for confirmation or rejection].                                                                                
                                                                                                                                
                                                                                                                                
10:31:13 AM                                                                                                                   
                                                                                                                                
SENATOR  COGHILL [made  a motion  to advance  from committee  the                                                               
                                                                                                                                
nomination of Marc  A. Luiken to the position  of Commissioner of                                                               
                                                                                                                                
the Department  of Transportation  and Public Facilities.   There                                                               
                                                                                                                                
being  no  objection,  the confirmation  was  advanced  from  the                                                               
                                                                                                                                
Senate State Affairs Standing Committee].                                                                                       
                                                                                                                                
                                                                                                                                
^Lieutenant Governor Successor                                                                                                  
                                                                                                                                
                 Lieutenant Governor Successor                                                                              
                                                                                                                                
                                                                                                                                
10:31:50 AM                                                                                                                   
                                                                                                                                
CHAIR STOLTZE announced that the  next order of business would be                                                               
                                                                                                                                
consideration  of  the  appointment   of  Craig  Fleener  to  the                                                               
                                                                                                                                
position of successor to the lieutenant governor.                                                                               
                                                                                                                                
                                                                                                                                
10:32:21 AM                                                                                                                   
                                                                                                                                
CRAIG  FLEENER,  Appointee,  Lieutenant  Governor  Successor,  in                                                               
                                                                                                                                
response  to  questions,  highlighted  items from  his  resume  -                                                               
                                                                                                                                
included  in  members' packets  -  and  provided some  additional                                                               
personal  information;  characterized   his  appointment  to  the                                                               
                                                                                                                                
position of successor to the  lieutenant governor as a tremendous                                                               
                                                                                                                                
honor;  and   relayed  that  he  takes   [the  appointment]  very                                                               
                                                                                                                                
seriously, and believes that when  Alaskans are asked by Alaska's                                                               
                                                                                                                                
leaders to serve the public, it's  important that they do so, and                                                               
                                                                                                                                
referenced  his  own [military  and  public  service careers]  as                                                               
                                                                                                                                
example.                                                                                                                        
                                                                                                                                
                                                                                                                                
CHAIR  STOLTZE, upon  receiving responses  to questions  he posed                                                               
                                                                                                                                
Mr. Fleener,  ascertained that Mr.  Fleener met  the requirements                                                               
                                                                                                                                
set forth  in the Alaska  State Constitution for the  position of                                                               
                                                                                                                                
lieutenant governor.                                                                                                            
                                                                                                                                
                                                                                                                                
10:40:28 AM                                                                                                                   
                                                                                                                                
SENATOR  COGHILL made  a  motion to  advance  from committee  the                                                               
                                                                                                                                
nomination of Craig  Fleener to the position of  successor to the                                                               
                                                                                                                                
lieutenant governor.  There being  no objection, the confirmation                                                               
                                                                                                                                
was advanced from the Senate State Affairs Standing Committee.                                                                  
                                                                                                                                
                                                                                                                                
10:41:06 AM                                                                                                                   
                                                                                                                                
KEN RAY indicated that he  seriously questions the appointment of                                                               
                                                                                                                                
Verne  E.  Rupright,  Esq., to  the  Commercial  Fisheries  Entry                                                               
                                                                                                                                
Commission  (CFEC), and  asked the  committee to  delay advancing                                                               
                                                                                                                                
that nomination.                                                                                                                
                                                                                                                                
                                                                                                                                
[Previously in the meeting, the  motion to advance the nomination                                                               
                                                                                                                                
of Verne  E. Rupright, Esq.,  to the Alaska  Commercial Fisheries                                                               
                                                                                                                                
Entry Commission was made and carried.]                                                                                         
                                                                                                                                
                                                                                                                                
CHAIR  STOLTZE   [reminded  members  that  signing   the  reports                                                               
                                                                                                                                
regarding  appointments  to  boards  and commissions  in  no  way                                                               
                                                                                                                                
reflects  individual  members'  approval or  disapproval  of  the                                                               
appointees, and that the nominations  are merely forwarded to the                                                               
                                                                                                                                
full legislature for confirmation or rejection].                                                                                
                                                                                                                                
                                                                                                                                
           SJR 15-CALL FOR US COUNTERMAND CONVENTION                                                                        
                                                                                                                                
           SCR 4-US COUNTERMAND CONVENTION DELEGATES                                                                        
                                                                                                                                
                                                                                                                                
10:43:00 AM                                                                                                                   
                                                                                                                                
CHAIR STOLTZE  [announced that the  last order of  business would                                                               
                                                                                                                                
be  a hearing  on both  SENATE  JOINT RESOLUTION  NO. 15,  Making                                                               
                                                                                                                                
application to  the United States  Congress to call  a convention                                                               
                                                                                                                                
of  the  states  to  propose   a  countermand  amendment  to  the                                                               
                                                                                                                                
Constitution  of the  United  States as  provided  under art.  V,                                                               
                                                                                                                                
Constitution of  the United States;  and urging  the legislatures                                                               
                                                                                                                                
of the other  49 states to make the same  application; and SENATE                                                               
                                                                                                                                
CONCURRENT RESOLUTION NO. 4, Relating  to the duties of delegates                                                               
                                                                                                                                
selected by the legislature to  attend a convention of the states                                                               
                                                                                                                                
called  under  art. V,  Constitution  of  the United  States,  to                                                               
                                                                                                                                
consider  a  countermand amendment  to  the  Constitution of  the                                                               
                                                                                                                                
United  States;   establishing  as  a  joint   committee  of  the                                                               
                                                                                                                                
legislature  the Delegate  Credential Committee  and relating  to                                                               
                                                                                                                                
the duties of the committee;  providing for an oath for delegates                                                               
                                                                                                                                
and alternates  to a countermand amendment  convention; providing                                                               
                                                                                                                                
for  a  chair and  assistant  chair  of the  state's  countermand                                                               
                                                                                                                                
amendment delegation; providing  for the duties of  the chair and                                                               
                                                                                                                                
assistant chair;  providing instructions  for the selection  of a                                                               
                                                                                                                                
convention  president; and  providing specific  language for  the                                                               
                                                                                                                                
countermand amendment  on which the state's  convention delegates                                                               
                                                                                                                                
are authorized by the legislature to vote to approve].                                                                          
                                                                                                                                
                                                                                                                                
10:43:49 AM                                                                                                                   
CHARLES  KACPROWICZ,  Executive  Director,  Citizen  Initiatives,                                                               
                                                                                                                                
indicated   that  his   organization  has   been  promoting   the                                                               
                                                                                                                                
advancement of legislation  [such as SJR 15 and SCR  4 - together                                                               
                                                                                                                                
addressing an  application by  the State of  Alaska] to  pursue a                                                               
                                                                                                                                
constitutional convention  under powers  granted by Article  V of                                                               
                                                                                                                                
the Constitution  of the  United States -  in several  states for                                                               
                                                                                                                                
the purpose of  getting what he called  a "countermand amendment"                                                               
                                                                                                                                
added to the  Constitution of the United States;  and offered his                                                               
                                                                                                                                
understanding  that there  are "eighteen  states with  sponsors,"                                                               
                                                                                                                                
and that  nine states  have either  filed or  are in  the process                                                               
                                                                                                                                
filing [such legislation].   He expressed his hope  that [if such                                                               
                                                                                                                                
legislation  passes, and  a constitutional  convention addressing                                                               
                                                                                                                                
the proposed countermand amendment  is convened, and ratification                                                               
                                                                                                                                
of the proposed  change to the Constitution of  the United States                                                               
                                                                                                                                
occurs,  then] states  in  disagreement  with particular  federal                                                               
                                                                                                                                
laws could  start seeking repeal/nullification  of those  laws by                                                               
                                                                                                                                
late 2016.   He offered his beliefs  that it is Article  V of the                                                               
                                                                                                                                
Constitution  of the  United States  itself  that would  prohibit                                                               
                                                                                                                                
such a  constitutional convention from addressing  anything other                                                               
                                                                                                                                
than amendments  to the  Constitution of  the United  States, and                                                               
                                                                                                                                
that a  countermand amendment to  the Constitution of  the United                                                               
                                                                                                                                
States offers  legislatures the  best hope  of restoring  what he                                                               
                                                                                                                                
called, "our constitutional republic."                                                                                          
                                                                                                                                
                                                                                                                                
MR.  KACPROWICZ  offered his  understanding  that  should such  a                                                               
                                                                                                                                
countermand amendment  to the Constitution  of the  United States                                                               
                                                                                                                                
be  ratified,  then any  30  states  could  seek to  nullify  any                                                               
                                                                                                                                
federal  law  -  including  those  engendered  by  United  States                                                               
                                                                                                                                
Supreme  Court rulings  - or  any  constitutional right,  whether                                                               
                                                                                                                                
enumerated or  not; and that  any such nullification would  be in                                                               
                                                                                                                                
effect immediately.   In conclusion,  he offered his  belief that                                                               
                                                                                                                                
ratification of  a countermand amendment  to the  Constitution of                                                               
the United  States would  create a balance  of power  between the                                                               
                                                                                                                                
states and  the federal  government, and that  there would  be no                                                               
                                                                                                                                
limit to how  the countermand amendment could be  applied as long                                                               
                                                                                                                                
as 30 states agreed to the particular application of it.                                                                        
                                                                                                                                
                                                                                                                                
10:52:28 AM                                                                                                                   
                                                                                                                                
MIKE  COONS, National  and State  Director, Citizen  Initiatives,                                                               
                                                                                                                                
referencing  some federal  laws  as example,  offered his  belief                                                               
                                                                                                                                
that  if  a countermand  amendment  to  the Constitution  of  the                                                               
                                                                                                                                
United States  [such as that  proposed via SJR  15 and SCR  4] is                                                               
                                                                                                                                
ratified, any federal  law that is nullified by  the states could                                                               
                                                                                                                                
simply be rewritten  by Congress to better comport  with what the                                                               
                                                                                                                                
states that nullified it want.                                                                                                  
                                                                                                                                
                                                                                                                                
CHAIR STOLTZE  announced that SJR 15  and SCR 4 would  be held in                                                               
                                                                                                                                
committee.                                                                                                                      
                                                                                                                                
                                                                                                                                
10:58:39 AM                                                                                                                   
There being  no further  business to  come before  the committee,                                                               
Chair  Stoltze  adjourned  the   Senate  State  Affairs  Standing                                                               
Committee at 10:58 a.m.                                                                                                         
                                                                                                                                

Document Name Date/Time Subjects
Resume - Commercial Fisheries Entry Commission - Ben Brown (Revised).pdf SSTA 3/19/2015 9:00:00 AM
Confirmation
Resume - Commercial Fisheries Entry Commission - Verne Rupright.pdf SSTA 3/19/2015 9:00:00 AM
Confirmation
Resume - Alaska Public Offices Commission - Mark Fish.pdf SSTA 3/19/2015 9:00:00 AM
Confirmation
Resume - Commissioner DOT&PF - Mark Liuken.pdf SSTA 3/19/2015 9:00:00 AM
Confirmation
Resume - Lt. Governor Successor - Craig Fleener.pdf SSTA 3/19/2015 9:00:00 AM
Confirmation
CFEC Confirmation Public Testimony 3-18-15.pdf SSTA 3/19/2015 9:00:00 AM
Confirmation
SJR15 Opposition from people outside Alaska 3-18-15.pdf SSTA 3/19/2015 9:00:00 AM
SJR 15
Resume Part 2 - Alaska Public Offices Commission - Mark Fish.pdf SSTA 3/19/2015 9:00:00 AM
Confirmation
CFEC Confirmation Public Testimony - Fax Ken Ray 3-19-15.pdf SSTA 3/19/2015 9:00:00 AM
Confirmation
CFEC Confirmation Public Testimony - Southeast Alaska Seiners Association Prepared Testimony 3-19-15.pdf SSTA 3/19/2015 9:00:00 AM
Confirmation
SB62 Realtors Response to SSTA Questions on Disclosure of MJ Grows 3-17-15.pdf SSTA 3/19/2015 9:00:00 AM
SB 62
SB62 ASAA Letter on Marijuana Access Concerns - 2-23-15.pdf SSTA 3/19/2015 9:00:00 AM
SB 62
SB62 Alaska State Medical Association Letter 3-16-15.pdf SSTA 3/19/2015 9:00:00 AM
SB 62
SB62 Alaska Municipal Leage re application and fee - Fax 3-6-15.pdf SSTA 3/19/2015 9:00:00 AM
SB 62
SB62 DCCED Response to SSTA questions on public notice of marijuana 3-16-15.pdf SSTA 3/19/2015 9:00:00 AM
SB 62
SB62 Department of Law - Attorney General Letter - Marijuana Establishment Public Notice 3-18-15.pdf SSTA 3/19/2015 9:00:00 AM
SB 62
SB62 Fiscal Note DNR-AGR 3-10-15.pdf SSTA 3/19/2015 9:00:00 AM
SB 62