Legislature(2015 - 2016)BUTROVICH 205

03/01/2016 08:30 AM STATE AFFAIRS

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Audio Topic
08:31:28 AM Start
08:31:57 AM SCR20
08:49:20 AM Confirmation Hearings
09:25:45 AM SB91
09:35:56 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation on Governor's Appointees: TELECONFERENCED
-- Public Testimony on Appointees --
+ Alaska Public Offices Commission TELECONFERENCED
Thomas Temple
+ Alaska State Personnel Board TELECONFERENCED
Dr. Keith Hamilton
+ State Commission for Human Rights TELECONFERENCED
Brandon Nakasato
*+ SCR 20 SEXUAL ASSAULT AWARENESS MONTH:APRIL 2016 TELECONFERENCED
Moved SCR 20 Out of Committee
-- Public Testimony --
Presentation by Sponsor
+= SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         March 1, 2016                                                                                          
                           8:31 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                                                                                                            
                                                                                                                                
SENATE CONCURRENT RESOLUTION NO. 20                                                                                             
Proclaiming April 2016 as Sexual Assault Awareness Month.                                                                       
                                                                                                                                
     - MOVED SCR 20 OUT OF COMMITTEE                                                                                            
                                                                                                                                
CONFIRMATION HEARINGS                                                                                                           
                                                                                                                                
     Alaska Public Offices Commission                                                                                         
          Thomas Temple - Fairbanks                                                                                             
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
     Alaska State Personnel Board                                                                                             
          Keith Hamilton - Soldotna                                                                                             
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
     Alaska State Human Rights Commission                                                                                     
          Brandon Nakasato - Anchorage                                                                                          
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 91                                                                                       
"An  Act relating  to  criminal law  and  procedure; relating  to                                                               
controlled  substances;   relating  to  probation;   relating  to                                                               
sentencing;  establishing   a  pretrial  services   program  with                                                               
pretrial  services officers  in  the  Department of  Corrections;                                                               
relating  to permanent  fund  dividends;  relating to  electronic                                                               
monitoring;  relating to  penalties for  violations of  municipal                                                               
ordinances;   relating  to   parole;  relating   to  correctional                                                               
restitution   centers;  relating   to  community   work  service;                                                               
relating  to revocation,  termination, suspension,  cancellation,                                                               
or   restoration  of   a  driver's   license;  relating   to  the                                                               
disqualification  of persons  convicted  of  certain felony  drug                                                               
offenses  from  participation in  the  food  stamp and  temporary                                                               
assistance programs;  relating to the duties  of the commissioner                                                               
of  corrections; amending  Rules 6,  32,  32.1, 38,  41, and  43,                                                               
Alaska  Rules of  Criminal Procedure,  and repealing  Rules 41(d)                                                               
and (e),  Alaska Rules of  Criminal Procedure; and  providing for                                                               
an effective date."                                                                                                             
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SCR 20                                                                                                                  
SHORT TITLE: SEXUAL ASSAULT AWARENESS MONTH: APRIL 2016                                                                         
SPONSOR(s): SENATOR(s) MEYER                                                                                                    
                                                                                                                                
02/22/16       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/22/16       (S)       STA                                                                                                    
03/01/16       (S)       STA AT 8:30 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 91                                                                                                                   
SHORT TITLE: OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS                                                                          
SPONSOR(s): SENATOR(s) COGHILL                                                                                                  
                                                                                                                                
03/25/15       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/25/15       (S)       STA, JUD, FIN                                                                                          
04/02/15       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
04/02/15       (S)       Heard & Held                                                                                           
04/02/15       (S)       MINUTE(STA)                                                                                            
02/03/16       (S)       SPONSOR SUBSTITUTE INTRODUCED-REFERRALS                                                                
02/03/16       (S)       STA, JUD, FIN                                                                                          
02/13/16       (S)       STA AT 10:00 AM BUTROVICH 205                                                                          
02/13/16       (S)       Heard & Held                                                                                           
02/13/16       (S)       MINUTE(STA)                                                                                            
02/18/16       (S)       STA AT 8:30 AM BUTROVICH 205                                                                           
02/18/16       (S)       Heard & Held                                                                                           
02/18/16       (S)       MINUTE(STA)                                                                                            
02/25/16       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
02/25/16       (S)       Heard & Held                                                                                           
02/25/16       (S)       MINUTE(STA)                                                                                            
03/01/16       (S)       STA AT 8:30 AM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR KEVIN MEYER                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of SCR 20.                                                                                        
                                                                                                                                
LAUREE MORTON, Executive Director                                                                                               
Council of Domestic Violence and Sexual Assault                                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SCR 20.                                                                           
                                                                                                                                
CARMEN LOWRY, Executive Director                                                                                                
Alaska Network on Domestic Violence and Sexual Assault                                                                          
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SCR 20.                                                                           
                                                                                                                                
THOMAS TEMPLE, appointee                                                                                                        
Alaska Public Offices Commission (APOC)                                                                                         
Fairbanks, Alaska                                                                                                               
POSITION   STATEMENT:    Addressed   questions    regarding   his                                                             
appointment.                                                                                                                    
                                                                                                                                
KEITH HAMILTON, appointee                                                                                                       
Alaska State Personnel Board                                                                                                    
Soldotna, Alaska                                                                                                                
POSITION   STATEMENT:    Addressed   questions    regarding   his                                                             
appointment.                                                                                                                  
                                                                                                                                
BRANDON NAKASATO, appointee                                                                                                     
Alaska State Human Rights Commission                                                                                            
Anchorage, Alaska                                                                                                               
POSITION   STATEMENT:    Addressed   questions    regarding   his                                                             
appointment.                                                                                                                  
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:31:28 AM                                                                                                                    
CHAIR BILL STOLTZE called the Senate State Affairs Standing                                                                   
Committee meeting to order at 8:31 a.m. Present at the call to                                                                  
order were Senators Coghill, Huggins, and Chair Stoltze.                                                                        
                                                                                                                                
                                                                                                                                
       SCR 20-SEXUAL ASSAULT AWARENESS MONTH: APRIL 2016                                                                    
                                                                                                                                
8:31:57 AM                                                                                                                    
CHAIR STOLTZE announced the consideration of SCR 20.                                                                            
                                                                                                                                
8:32:02 AM                                                                                                                    
SENATOR KEVIN  MEYER, Alaska  State Legislature,  Juneau, Alaska,                                                               
sponsor of SCR 20, provided an overview as follows:                                                                             
                                                                                                                                
     SCR  20   proclaims  April   2016  as   Sexual  Assault                                                                    
     Awareness Month;  it's part of  a national  campaign to                                                                    
     raise  the  awareness  of sexual  assault  and  educate                                                                    
     communities  on how  to  prevent  sexual violence.  I'm                                                                    
     sure you're  going, "We've heard  this before,"  and we                                                                    
     have, we  bring this  forward every  year; but,  as you                                                                    
     know, the sexual assaults  statistics nationwide and in                                                                    
     Alaska  are staggering,  they are  even  worse here  in                                                                    
     Alaska, in  fact research suggests  that 2.5  times the                                                                    
     national  rate. The  Council on  Domestic Violence  and                                                                    
     Sexual Assault conducts  an annual victimization survey                                                                    
     and  they will  speak to  some of  those statistics  in                                                                    
     more   depth.   Mr.   Chairman,  sexual   violence   is                                                                    
     preventable,  it's a  social,  public health,  criminal                                                                    
     justice,  human rights  issue. This  year, 2016  Sexual                                                                    
     Awareness  Month  Campaign   focuses  on  the  building                                                                    
     blocks of prevention  by communicating how individuals,                                                                    
     communities, and the private  sector can take action to                                                                    
     promote  safety, respect,  and equality.  We hope  that                                                                    
     SCR 20 will help to  broaden and strengthen that effort                                                                    
     across the state.                                                                                                          
                                                                                                                                
CHAIR STOLTZE  stated that the  committee was very  familiar with                                                               
the  issue  and  that  Senator Meyer  has  annually  brought  the                                                               
resolution forward. He remarked that  the issue was 12 months and                                                               
not 1  month. He added that  the 2016 Sexual Awareness  Month was                                                               
part of a national campaign.                                                                                                    
                                                                                                                                
8:34:55 AM                                                                                                                    
LAUREE MORTON,  Executive Director, Council of  Domestic Violence                                                               
and Sexual Assault (CDVSA), Juneau,  Alaska, provided a statement                                                               
of support as follows:                                                                                                          
                                                                                                                                
     In 2010,  the Alaska  Victimization Survey  showed that                                                                    
     58  out  of  every   100  Alaska  women  have  suffered                                                                    
     intimate  partner violence,  sexual  violence, or  both                                                                    
     over the course of their  lifetime. In 2015, five years                                                                    
     after, we resurveyed and the  news is encouraging, it's                                                                    
     still  too high,  it's still  horrible, but  now it  is                                                                    
     down to 50  out of every 100 women  have suffered these                                                                    
     crimes, particular to sexual  assault, it has decreased                                                                    
     by  33 percent:  3072  fewer victims  in  2015 than  in                                                                    
     2010. So we still have a  long way to go, we appreciate                                                                    
     your support. I did want to  say that there is hope and                                                                    
     there  are  communities  across   our  state  that  are                                                                    
     working very  diligently to end sexual  violence in our                                                                    
     state, they  are doing such  with programs  like: Green                                                                    
     Dot,  Coaching Boys  into Men,  Girls on  the Run,  The                                                                    
     Fourth  R;  they  are   looking  within  themselves  as                                                                    
     communities  to find  their strengths  and resiliencies                                                                    
     to  be able  to  stand  up and  say  "no  more" and  we                                                                    
     support those efforts.                                                                                                     
                                                                                                                                
8:36:31 AM                                                                                                                    
CHAIR STOLTZE addressed the handling of sexual assault                                                                          
information at the University of Alaska as follows:                                                                             
                                                                                                                                
     There was  a lot  of rumor and  thither about  how much                                                                    
     cover up  there was. I'm  trying to think when  I first                                                                    
     entered the UAF  campus in 1979 until  my graduation in                                                                    
     the early  80s about the prevalence  of sexual assaults                                                                    
     and  domestic violence,  stalking,  and just  basically                                                                    
     violations   against  women   that   was,  for   public                                                                    
     relations  matters,   covered  up  by   the  university                                                                    
     system. Now 35 years later,  there was still that issue                                                                    
     and its sending shock waves through.                                                                                       
                                                                                                                                
He asked Ms. Morton if she had a comment on the university                                                                      
system and inquired how confident a young woman or their parent                                                                 
should feel in attending there.                                                                                                 
                                                                                                                                
MS. MORTON replied as follows:                                                                                                  
                                                                                                                                
     One of  things that we  have started to do  in offering                                                                    
     our services  to assist the university  is working with                                                                    
     their Title IX coordinators. Last  fall we sent them to                                                                    
     a national  conference where the  very issue  of sexual                                                                    
     assault  on university  campuses  was addressed.  We've                                                                    
     also  been   working  with  Senator  Sullivan   at  the                                                                    
     congressional  area to  look at  ways in  which we  can                                                                    
     strengthen  support for  women  on campus  who want  to                                                                    
     report  sexual assaults.  We've been  working with  the                                                                    
     university in  Fairbanks to institute Green  Dot and to                                                                    
     look  at ways  in  which people  can  work together  to                                                                    
     create  safety  for women  there.  We  realize it's  an                                                                    
     issue, it's on  our May calendar to be  able to receive                                                                    
     more information  from the university  and we  are very                                                                    
     open  to finding  ways  to work  with  them to  support                                                                    
     that.                                                                                                                      
                                                                                                                                
8:38:31 AM                                                                                                                    
SENATOR WIELECHOWSKI joined the committee meeting.                                                                              
                                                                                                                                
CHAIR  STOLTZE  continued to  address  the  university system  as                                                               
follows:                                                                                                                        
                                                                                                                                
     There's been a lot of talk  since I was a student there                                                                    
     and it certainly  was kind of a quiet buzz  and kind of                                                                    
     a systemically disguised problem  at the university and                                                                    
     I haven't seen it, it  almost seems in many ways gotten                                                                    
     worse and it's that spill-out.  Is this really going to                                                                    
     be  solved  by  another conference  and  what  systemic                                                                    
     things  do you  see? This  is right  in our  face right                                                                    
     now,  even  more  so. The  spill-out  has  been  pretty                                                                    
     obvious   and  some   of  the   restructuring  at   the                                                                    
     university.                                                                                                                
                                                                                                                                
MS. MORTON  noted that CDVSA  has suggested to the  University of                                                               
Alaska  that they  work through  the Office  of Violence  Against                                                               
Women  to take  advantage of  grants that  addressed assaults  on                                                               
university campuses.                                                                                                            
                                                                                                                                
CHAIR STOLTZE remarked that he sees  why a young woman might risk                                                               
expulsion in order to have a gun to protect herself.                                                                            
                                                                                                                                
MS.  MORTON  replied  that  the  decision  would  be  up  to  the                                                               
individual.                                                                                                                     
                                                                                                                                
CHAIR  STOLTZE   continued  to  address   his  concern   for  the                                                               
university system as follows:                                                                                                   
                                                                                                                                
     I  think  we  have  a  lot deeper  to  delve  into  the                                                                    
     university  and it  has been  a  systemic concern  back                                                                    
     from when  I was  a student.  My uncles  were students,                                                                    
     they said it  was the same way and it's  the culture of                                                                    
     a university  structure wanting  to protect  its image.                                                                    
     If  you're  worried  about recruitment  and  trying  to                                                                    
     entice Alaskans  to stay, you  don't want to  tell your                                                                    
     dirty secrets.                                                                                                             
                                                                                                                                
He summarized that protecting people required awareness.                                                                        
                                                                                                                                
SENATOR COGHILL  asked what  a Title IX  counselor was  and where                                                               
does a person in the university go to seek assistance.                                                                          
                                                                                                                                
8:41:22 AM                                                                                                                    
MS. MORTON replied as follows:                                                                                                  
                                                                                                                                
     Title IX is a title  in federal statute for protections                                                                    
     in different  areas for students.  I think  most people                                                                    
     associate  it with  equity in  sports programming,  but                                                                    
     it's  much  broader  than that;  particularly  in  this                                                                    
     instance, relates to sexual  assaults and addressing it                                                                    
     equitably on campuses.                                                                                                     
                                                                                                                                
     If someone,  anyone, is concerned about  sexual assault                                                                    
     or they've  been sexually assaulted, they  are welcomed                                                                    
     to go  to any of  the funded programs. In  Fairbanks it                                                                    
     would  be the  Interior  Alaska  Center for  Nonviolent                                                                    
     Living.  In Anchorage  it  would  be Standing  Together                                                                    
     Against  Rape (STAR)  or Abused  Women's Aid  in Crisis                                                                    
     (AWAIC). Here  in Juneau it  would be the  Aiding Women                                                                    
     in Abuse and Rape  Emergencies (AWARE). For the college                                                                    
     campuses  throughout  the  state, communities  such  as                                                                    
     Bethel, there's Tender Women's Collation.                                                                                  
                                                                                                                                
     So people  can go onto  our website  to find a  list of                                                                    
     those  service   communities  or  on  the   Network  on                                                                    
     Domestic  Violence and  Sexual Assault's  website; they                                                                    
     are mostly  800 numbers,  so it  doesn't cost  to call,                                                                    
     it's a 24-hour  service, you can talk  to someone there                                                                    
     who can work through your  options and give you support                                                                    
     as you are deciding how best for you to carry forward.                                                                     
                                                                                                                                
CHAIR STOLTZE noted  that a glaring omission was  made for either                                                               
contacting campus security  or the dean's office.  He stated that                                                               
he would interpret Ms. Morton's omission as, "Not hearing it."                                                                  
                                                                                                                                
8:43:17 AM                                                                                                                    
CARMEN  LOWRY, Executive  Director,  Alaska  Network on  Domestic                                                               
Violence  and Sexual  Assault (ANDVSA),  Juneau, Alaska,  thanked                                                               
the committee  for its commitment  to all of the  prevention work                                                               
that is  ongoing in  the state. She  stated that  ANDVSA supports                                                               
SCR 20.                                                                                                                         
                                                                                                                                
SENATOR COGHILL addressed Alaska's sex-trade issues as follows:                                                                 
                                                                                                                                
     One of  the issues that  we struggle with in  Alaska is                                                                    
     when somebody  gets into a  relationship and  then ends                                                                    
     up in  the sex-trade under  duress. I think one  of the                                                                    
     struggles they  have is the duress  then becomes deadly                                                                    
     in many cases.  So we've tried to address  from a legal                                                                    
     perspective on  penalties and  everything. But  what do                                                                    
     you see  from awareness  to give young  ladies warnings                                                                    
     of risky  relationships, things like that  that we need                                                                    
     to know from kind of  the working level what's going on                                                                    
     in the communities?                                                                                                        
                                                                                                                                
8:45:02 AM                                                                                                                    
MS.  LOWRY replied  that  clear  awareness was  one  of the  most                                                               
important   elements   that   addressed  what   Senator   Coghill                                                               
described. She detailed that local  law enforcement must be fully                                                               
aware  of  what  constitutes trafficking  and  exploitation.  She                                                               
added that  ANDVSA's member  programs were  open and  prepared to                                                               
receive people.  She asserted  that getting  the message  out was                                                               
important where  local partners address high-risk  situations and                                                               
make  sure that  people are  aware.  She added  that getting  the                                                               
message  out also  included talking  to businesses  to make  sure                                                               
they were following regulations.                                                                                                
                                                                                                                                
SENATOR  COGHILL suggested  that  child  related trafficking  and                                                               
pornography be addressed as follows:                                                                                            
                                                                                                                                
     I would suggest to you that  in Alaska we have both the                                                                    
     federal government and the  state government working on                                                                    
     people   who  are   trafficking   children  and   child                                                                    
     pornography.  We  want  to  get a  report  to  kind  of                                                                    
     kickoff the  month of April  just to show that  that is                                                                    
     actually happening  in Alaska  at a much  greater level                                                                    
     than any of us understand.                                                                                                 
                                                                                                                                
He  summarized   that  children   involved  in   trafficking  and                                                               
pornography  did  not have  a  voice  and  their plight  must  be                                                               
brought to light.                                                                                                               
                                                                                                                                
MS. LOWRY thanked Senator Coghill for his suggestion.                                                                           
                                                                                                                                
CHAIR STOLTZE  thanked Ms. Lowry  and noted that her  February 29                                                               
letter from ANDVSA had been presented to the committee members.                                                                 
                                                                                                                                
8:47:06 AM                                                                                                                    
CHAIR STOLTZE announced that public testimony was closed.                                                                       
                                                                                                                                
8:47:15 AM                                                                                                                    
SENATOR  COGHILL  moved to  report  SCR  20, [29-LS1519\A],  from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s).                                                                                                                        
                                                                                                                                
8:47:24 AM                                                                                                                    
CHAIR  STOLTZE announced  that hearing  no objection,  SCR 20  is                                                               
reported from the Senate State Affairs Standing Committee.                                                                      
                                                                                                                                
8:47:34 AM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
                                                                                                                                
^CONFIRMATION HEARINGS                                                                                                          
                     CONFIRMATION HEARINGS                                                                                  
                                                                                                                              
8:49:20 AM                                                                                                                    
CHAIR  STOLTZE announced  confirmation  hearings  for the  Alaska                                                               
Public  Offices Commission,  Alaska  State  Personnel Board,  and                                                               
Alaska State Commission for Human Rights.                                                                                       
                                                                                                                                
                Alaska Public Offices Commission                                                                            
                                                                                                                                
8:50:12 AM                                                                                                                    
THOMAS  TEMPLE,  appointee,   Alaska  Public  Offices  Commission                                                               
(APOC), Fairbanks, Alaska, addressed his background as follows:                                                                 
                                                                                                                                
     I  am  an  attorney  in Fairbanks.  I  work  with  Bill                                                                    
     Satterburg and his  law firm. I've lived  in Alaska for                                                                    
     approximately 15  years. I've  served on  the Fairbanks                                                                    
     North  Star Borough  Planning  Commission. I  currently                                                                    
     serve on  the Fairbanks  City Public  Safety Commission                                                                    
     and  believe  in  public  service.  I  would  like  the                                                                    
     opportunity  to  serve  on   APOC  and  serve  in  that                                                                    
     capacity.                                                                                                                  
                                                                                                                                
CHAIR STOLTZE asked  who appointed Mr. Temple  to the commissions                                                               
in Fairbanks.                                                                                                                   
                                                                                                                                
MR.  TEMPLE  specified  that  his  North  Star  Borough  Planning                                                               
Commission appointment was  done by either Mayor  Jim Whitaker or                                                               
Mayor Luke  Hopkins. He detailed  that his Fairbanks  City Public                                                               
Safety appointment was made by  Mayor Jerry Cleworth and recently                                                               
renewed by Mayor John Eberhart.                                                                                                 
                                                                                                                                
CHAIR STOLTZE asked what Mr.  Temple's interest and understanding                                                               
of APOC was.                                                                                                                    
                                                                                                                                
8:52:13 AM                                                                                                                    
MR.  TEMPLE  stated that  APOC's  purpose  was to  encourage  the                                                               
public  confidence  in its  elected  and  appointed officials  by                                                               
administering the  disclosure statutes; compiling  and publishing                                                               
data that  addressed campaigning, public offices,  and lobbyists.                                                               
He added that APOC serves as  a quasi-judicial panel from time to                                                               
time as well as holding an  advisory status to recommend how APOC                                                               
might be more efficient or better in meeting its goal.                                                                          
                                                                                                                                
CHAIR STOLTZE  asked what  Mr. Temple's  most important  role was                                                               
regarding the interaction with  candidates and elected officials.                                                               
He inquired if  Mr. Temple viewed his role  as either educational                                                               
or enforcement.                                                                                                                 
                                                                                                                                
MR. TEMPLE  replied that he  imagined APOC's  commission members'                                                               
goal was more enforcement or  a quasi-judicial panel. He surmised                                                               
that APOC staff members addressed  education. He remarked that he                                                               
was  not  sure  as  an  APOC  member  that  he  would  have  much                                                               
opportunity to educate.  He summarized that APOC  members more or                                                               
less serve  as the arbiters  of those  who may not  have properly                                                               
disclosed things.                                                                                                               
                                                                                                                                
CHAIR  STOLTZE  noted  that  Mr.  Temple's  designated  seat  was                                                               
because of  a party  membership. He asked  how Mr.  Temple viewed                                                               
his  role and  responsibility as  an appointee  for a  designated                                                               
seat.                                                                                                                           
                                                                                                                                
8:54:14 AM                                                                                                                    
MR.  TEMPLE asserted  that  he  was not  a  political person.  He                                                               
specified  that he  saw  his  role as  being  a  fair person.  He                                                               
asserted  that he  would encourage  confidence in  government and                                                               
public officials  where public service was  viewed more cynically                                                               
in today's world. He set forth that  he would be happy to do what                                                               
he could  do to make  the process more transparent  and efficient                                                               
in order to instill confidence.                                                                                                 
                                                                                                                                
SENATOR HUGGINS asked how he was approached for his appointment.                                                                
                                                                                                                                
MR.  TEMPLE explained  that attorney  Bill Satterberg,  his boss,                                                               
alerted him  that APOC had a  preferred-commission member opening                                                               
for an  attorney. He  said he expressed  interest in  the opening                                                               
and noted that  serving at APOC would be  another interesting way                                                               
to serve the public.                                                                                                            
                                                                                                                                
SENATOR HUGGINS asked if Mr. Satterberg was part of a law firm.                                                                 
                                                                                                                                
MR. TEMPLE  answered yes. He  detailed that Mr.  Satterberg owned                                                               
his own law firm  and that he has worked for him  for the past 11                                                               
years.                                                                                                                          
                                                                                                                                
CHAIR STOLTZE asked  Mr. Temple to confirm that  he was replacing                                                               
Mr. Kirk's seat, [Kenneth Kirk, Chair].                                                                                         
                                                                                                                                
MR. TEMPLE answered correct, but not as chairman.                                                                               
                                                                                                                                
8:57:21 AM                                                                                                                    
CHAIR STOLTZE  closed public  testimony on  Mr. Temple.  He noted                                                               
that at  the end of the  hearing the committee would  forward all                                                               
of the board names onto the joint-session confirmation.                                                                         
                                                                                                                                
                  Alaska State Personnel Board                                                                              
                                                                                                                                
8:58:50 AM                                                                                                                    
KEITH HAMILTON,  appointee, Alaska State Personnel  Board, Alaska                                                               
Department  of Administration,  Soldotna, Alaska,  said he  was a                                                               
15-year  Alaskan  who  moved  to Soldotna  to  start  the  Alaska                                                               
Christian College  and serve as  its president. He  revealed that                                                               
he served on a few other  state boards as well: Alaska Commission                                                               
on Post-Secondary  Education, and  the State Education  Board. He                                                               
disclosed  that  that  he  was  appointed  to  the  Alaska  State                                                               
Personnel Board during the Palin  administration and noted that a                                                               
lot  of  ethics issues  relating  to  the executive  branch  were                                                               
addressed  at that  time. He  set  forth that  he understood  the                                                               
importance of  integrity in the state's  personnel, the executive                                                               
branch, as well  as helping to formulate policy  related to state                                                               
employee  issues. He  revealed that  he was  one of  three people                                                               
appointed to  the Alaska State  Personnel Board and  accepted the                                                               
request to serve on the Alaska State Personnel Board once again.                                                                
                                                                                                                                
CHAIR STOLTZE asked what  challenges, opportunities, or surprises                                                               
Mr. Hamilton faced during his first term with the board.                                                                        
                                                                                                                                
MR. HAMILTON  noted that  the board was  more critical  than what                                                               
most people  understood. He  said the board  really did  not have                                                               
executive  branch  issues  come  forward  that  caused  any  undo                                                               
concern  for the  state and  remarked that  he had  a sense  that                                                               
people of integrity were serving.                                                                                               
                                                                                                                                
CHAIR STOLTZE  asked Mr. Hamilton  to verify that he  was charged                                                               
with basically  enforcing the provisions of  the Alaska Executive                                                               
Branch Ethics Act.                                                                                                              
                                                                                                                                
MR. HAMILTON answered  that one of his  responsibilities was what                                                               
Chair Stoltze described.                                                                                                        
                                                                                                                                
CHAIR  STOLTZE asked  Mr.  Hamilton  to verify  that  one of  his                                                               
responsibilities  was making  sure  that there  was not  campaign                                                               
activity within an administration.                                                                                              
                                                                                                                                
MR.  HAMILTON  answered that  campaign  activity  issues had  not                                                               
occurred during his  tenure. He admitted that he was  not sure if                                                               
campaign oversight was the board's responsibility.                                                                              
                                                                                                                                
9:01:32 AM                                                                                                                    
CHAIR  STOLTZE asked  if Mr.  Hamilton would  consider conducting                                                               
campaign activity with state employees as an ethic abridgement.                                                                 
                                                                                                                                
MR. HAMILTON answered yes.                                                                                                      
                                                                                                                                
CHAIR  STOLTZE  asked  if  the activity  was  under  the  board's                                                               
purview.                                                                                                                        
                                                                                                                                
MR.  HAMILTON answered  that he  was  not sure  if state  statute                                                               
placed the  campaign activity Chair Stoltze  described underneath                                                               
the board.                                                                                                                      
                                                                                                                                
CHAIR  STOLTZE asked  if state  employees directly  or indirectly                                                               
aiding in collecting campaign contributions was appropriate.                                                                    
                                                                                                                                
MR. HAMILTON  answered that  state employees  collecting campaign                                                               
contributions was  appropriate on their  own personal time  as an                                                               
Alaskan  citizen. He  specified  that state  employees should  be                                                               
able to do what they wish outside of the time on their job.                                                                     
                                                                                                                                
CHAIR STOLTZE  asked if  a state  employee using  state equipment                                                               
was appropriate.                                                                                                                
                                                                                                                                
MR. HAMILTON answered no.                                                                                                       
                                                                                                                                
CHAIR  STOLTZE  asked  Mr.  Hamilton  if  he  thought  collecting                                                               
employee deductions for campaign activities was appropriate.                                                                    
                                                                                                                                
MR. HAMILTON answered that employees  are able to make deductions                                                               
that are allowed by state policies and laws.                                                                                    
                                                                                                                                
CHAIR STOLTZE asked  Mr. Hamilton to confirm that  he had already                                                               
formed an opinion that the scenario he described was okay.                                                                      
                                                                                                                                
MR. HAMILTON specified that he has never been asked the question                                                                
that Chair Stoltze posed until today. He detailed as follows:                                                                   
                                                                                                                                
     I don't  think I've formed  an opinion fully  because I                                                                    
     believe that  would separate those who  are campaigning                                                                    
     for any  use of  state funds  or equipment  during that                                                                    
     process,  it's an  individual citizen's  responsibility                                                                    
     and right to do so.                                                                                                        
                                                                                                                                
                                                                                                                                
CHAIR STOLTZE specified a scenario as follows:                                                                                  
                                                                                                                                
     If we  have a Department of  Administration, which does                                                                    
     the payroll, they  set up a computer  program that does                                                                    
     the  deduction,  use  state   employees,  and  to  help                                                                    
     deliver campaign funds to an  entity, do you think that                                                                    
     could  possibly  be  an abridgement  of  the  executive                                                                    
     budget act?                                                                                                                
                                                                                                                                
9:03:34 AM                                                                                                                    
MR. HAMILTON answered as follows:                                                                                               
                                                                                                                                
     Yes, it  could possibly be.  I'm not sure what  the act                                                                    
     says. If that  comes before us and so if  it was lawful                                                                    
     and legal,  and as  state personnel had  an opportunity                                                                    
     to do  so, and it  was not  against the law,  then they                                                                    
     should be  able to use that  as one of their  rights. I                                                                    
     wouldn't personally  want to do  it, but if  it's their                                                                    
     right, then it's their right.                                                                                              
                                                                                                                                
CHAIR STOLTZE continued as follows:                                                                                             
                                                                                                                                
     You're suggesting there might  be ambiguity on this. Do                                                                    
     you  think the  state  maybe should  look  at that  and                                                                    
     maybe clarify  it and give  you better direction  so we                                                                    
     don't  have to  learn on  the job  whether or  not it's                                                                    
     unethical  or  whether  we've  been  unwittingly  using                                                                    
     state funds to violate the Executive Budget Act?                                                                           
                                                                                                                                
MR. HAMILTON replied as follows:                                                                                                
                                                                                                                                
     If we've  been using  state funds unwittingly  and have                                                                    
     been  doing that,  it needs  to be  stopped. I  am sure                                                                    
     that  that would  be very  advisable to  dig into  that                                                                    
     further if that incase was happening.                                                                                      
                                                                                                                                
CHAIR STOLTZE asked  Mr. Hamilton if he thought  it was advisable                                                               
to remove  some ambiguity and maybe  clamp down on that  a little                                                               
bit.                                                                                                                            
                                                                                                                                
MR. HAMILTON  answered that  he would be  100 percent  willing to                                                               
enforce what Chair Stoltze explained.                                                                                           
                                                                                                                                
SENATOR COGHILL  said the state  was going into a  difficult time                                                               
economically and  additional pressure was  going to be  placed on                                                               
supervisors. He  asked if Mr.  Hamilton has  experienced pressure                                                               
from supervisors that thwarted employees' access to the board.                                                                  
                                                                                                                                
MR. HAMILTON answered no.                                                                                                       
                                                                                                                                
SENATOR COGHILL  advised that Mr.  Hamilton keep a  keen interest                                                               
due to the pressure coming over the next couple of years.                                                                       
                                                                                                                                
                                                                                                                                
              Alaska State Human Rights Commission                                                                          
                                                                                                                                
CHAIR  STOLTZE asked  Mr.  Nakasato  how he  was  chosen for  his                                                               
appointment and what he hoped to do on the commission.                                                                          
                                                                                                                                
9:06:53 AM                                                                                                                    
BRANDON   NAKASATO,  Alaska   State   Human  Rights   Commission,                                                               
Anchorage, Alaska, explained that he  was a research analyst with                                                               
Senior and Disabilities Services  within the Alaska Department of                                                               
Health and Social Services. He  disclosed that he applied for the                                                               
appointment to  the Commission for  Human Rights and  was honored                                                               
to get the governor's recommendation.                                                                                           
                                                                                                                                
He provided background information as follows:                                                                                  
                                                                                                                                
     After  college I  served my  first  term an  AmeriCorps                                                                    
     volunteer where  I helped  settle some  Somali refugees                                                                    
     into  their new  community. I  also served  on an  all-                                                                    
     volunteer  human rights  organization which  was called                                                                    
     the  Lewiston/Auburn Community  Task  Force; this  task                                                                    
     force was a cooperative  venture between the main human                                                                    
     rights  commission, law  enforcement,  and other  local                                                                    
     authorities to  review human rights  complaints locally                                                                    
     in Lewiston/Auburn.  I have  served on  multiple boards                                                                    
     of   directors   which   were   involved   with   anti-                                                                    
     discrimination  and human  rights work;  these included                                                                    
     the   African   Immigrant  Association,   the   African                                                                    
     Immigrant  Advocacy Group,  and  the Kentucky  Fairness                                                                    
     Alliance.  Finally,  my  work as  an  employee  liaison                                                                    
     while  working at  UPS was  where I  helped to  mediate                                                                    
     labor complaints between management and hourly staff.                                                                      
                                                                                                                                
     I want  to say my  commitment to human rights  is based                                                                    
     on  my  experience  working on  the  broad  matters  of                                                                    
     social   justice  and   my   personal  experience   and                                                                    
     perspective as  a minority. I  believe in  the inherent                                                                    
     equality and dignity of every  person and that the work                                                                    
     of the  commission in its  53-year history is  vital to                                                                    
     ensuring it  is honored as  called for by  human rights                                                                    
     law. I  am thankful  for Governor  Walker's appointment                                                                    
     and humbled  by the opportunity  to serve our  state in                                                                    
     this   capacity  and   I  am   thankful  for   you  all                                                                    
     considering this nomination.                                                                                               
                                                                                                                                
9:09:05 AM                                                                                                                    
SENATOR  HUGGINS noted  that part  of the  commission's function-                                                               
list  was "real  property." He  addressed the  seizer of  a crime                                                               
victim's personal  property and  asked what  the solution  was to                                                               
expedite the return of property to the victim.                                                                                  
                                                                                                                                
MR. NAKASATO  explained that  the commission  was not  allowed to                                                               
make punitive judgements,  but was empowered with  the ability to                                                               
erase the  damage of the  violation and to  make it as  though it                                                               
never happened. He specified that  the property would be returned                                                               
to the  person whose  rights were violated  in the  scenario that                                                               
Senator Huggins described.                                                                                                      
                                                                                                                                
SENATOR HUGGINS asked how a  person who had their stolen property                                                               
seized would contact the commission.                                                                                            
                                                                                                                                
MR. NAKASATO  answered that  he was  not sure  if theft  would be                                                               
covered   under  the   human   rights  law.   He  explained   the                                                               
commission's mediation process as follows:                                                                                      
                                                                                                                                
     Most of  our intake  is through  the phone  and through                                                                    
     in-person  interviews. What  happens  then  is that  an                                                                    
     intake-person  reviews the  specifics  of  the case  to                                                                    
     determine  whether it  is  applicable  under the  human                                                                    
     rights law; if it's not,  then the person is redirected                                                                    
     to the  applicable organization and  if it is,  then it                                                                    
     starts  finding   out  whether  there   is  substantial                                                                    
     evidence to justify moving forward.                                                                                        
                                                                                                                                
9:13:07 AM                                                                                                                    
CHAIR  STOLTZE  opined  that  after  reviewing  the  commission's                                                               
website, he noted that an attempt  in gallows humor may have been                                                               
exercised in identifying previous cases' titles.                                                                                
                                                                                                                                
MR. NAKASATO  replied that an  attempt at gallows humor  may have                                                               
been used  and he  would direct Chair  Stoltze's concerns  to the                                                               
commission's staff.                                                                                                             
                                                                                                                                
9:15:01 AM                                                                                                                    
CHAIR  STOLTZE  opined  that  an employer  might  be  before  the                                                               
commission if  they had written some  of the things noted  in the                                                               
commission's website.                                                                                                           
                                                                                                                                
MR. NAKASATO replied that he  thought the titles were amusing and                                                               
kind of  provided a different  angle in looking at  the specified                                                               
cases. He reiterated that the titles  may have been written in an                                                               
innocent attempt at humor.                                                                                                      
                                                                                                                                
CHAIR  STOLTZE  opined  that  an  employer  could  use  the  same                                                               
statement as a defense.                                                                                                         
                                                                                                                                
MR. NAKASATO  specified that  the commission  impartially reviews                                                               
evidence. He asserted that the  commission takes its impartiality                                                               
and  professionalism very  seriously in  gaining trust  from both                                                               
the respondent and complainant in  order to come to a resolution.                                                               
He  said  seven out  of  every  ten  cases were  mediated  before                                                               
reaching a  hearing, an attribute  that was a successful  part of                                                               
the  commission  in bringing  people  back  together to  kind  of                                                               
"reheal" what was broken.                                                                                                       
                                                                                                                                
CHAIR  STOLTZE asked  Mr. Nakasato  to address  the human  rights                                                               
issue  with  bathroom  access for  lesbian,  gay,  bisexual,  and                                                               
transgender (LGBT) individuals.                                                                                                 
                                                                                                                                
9:18:07 AM                                                                                                                    
MR. NAKASATO  explained that the commission  was a quasi-judicial                                                               
body  that enforces  human  rights  law, AS  18.80.  He said  the                                                               
statute clearly has five different  discrimination areas and that                                                               
includes  places   of  public  accommodation.  He   said  to  his                                                               
knowledge, the commission had  not received complaints concerning                                                               
access to bathrooms for LGBT individuals.                                                                                       
                                                                                                                                
CHAIR  STOLTZE  asked  if  concerned   parents  may  contact  the                                                               
commission.                                                                                                                     
                                                                                                                                
MR.  NAKASATO replied  that  the commission  was  open to  public                                                               
comment on all matters.                                                                                                         
                                                                                                                                
9:20:03 AM                                                                                                                    
SENATOR MCGUIRE joined the committee meeting.                                                                                   
                                                                                                                                
CHAIR STOLTZE asked  Mr. Nakasato to address  an individual whose                                                               
human rights are denied by someone practicing Sharia law.                                                                       
                                                                                                                                
MR. NAKASATO answered that he is not familiar with Sharia law.                                                                  
                                                                                                                                
SENATOR HUGGINS  asked Mr. Nakasato  to verify that  the attorney                                                               
general serves as legal counsel for the commission.                                                                             
                                                                                                                                
MR.   NAKASATO  answered   that   the  attorney   general  or   a                                                               
representative of  the attorney general serves  as legal counsel.                                                               
He  specified  that  Bill   Milks,  assistant  attorney  general,                                                               
provides legal counsel.                                                                                                         
                                                                                                                                
CHAIR  STOLTZE closed  public testimony  and  read the  following                                                               
statement:                                                                                                                      
                                                                                                                                
     In  accordance  to  AS  39.05.080,  the  State  Affairs                                                                    
     Committee  will be  reflected  as  having reviewed  the                                                                    
     following  three names  and recommend  the appointments                                                                    
     be  forwarded to  the  joint  session at  a  yet to  be                                                                    
     determined time  and, as always, this  does not reflect                                                                    
     the  intent of  anybody to  vote for  or against,  it's                                                                    
     just our review process.                                                                                                   
                                                                                                                                
9:23:43 AM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
                                                                                                                                
        SB 91-OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS                                                                     
                                                                                                                                
9:25:45 AM                                                                                                                    
CHAIR STOLTZE  called the committee  back to order.  He announced                                                               
the  consideration of  SB 91.  He noted  that the  intent was  to                                                               
present  a committee  substitute  (CS), but  additional time  was                                                               
required due to  the bill's complexity. He conceded  that being a                                                               
constructive-cynic,  he  had  non-pejorative  concerns  with  the                                                               
bill.                                                                                                                           
                                                                                                                                
SENATOR COGHILL disclosed that the  proposed amendments for SB 91                                                               
would be presented  to the committee after  review by Legislative                                                               
Legal.  He disclosed  that  the  proposed amendments  encompassed                                                               
questions that the Office of  Victims' Rights brought forward, as                                                               
well  as a  new  concept  that addressed  drug  testing for  drug                                                               
offenders  in order  to retain  welfare. He  summarized that  the                                                               
amendments  dealt  with  cornerstone   issues  such  as  domestic                                                               
violence,  sexual assault  awareness, and  the victim's  right to                                                               
know what was going on.  He conceded that some incongruencies had                                                               
to be ironed out and protections  narrowed down a bit. He said to                                                               
be fair,  the commission had  a charge to  look at the  most cost                                                               
savings as well  as the best public safety and  they did the best                                                               
they could. He opined that  additional amendments being presented                                                               
that  dealt with  the handling  of misdemeanants,  probation, and                                                               
parole  would do  so fairly  well. He  commented that  additional                                                               
amendments would be presented when  the bill was in the Judiciary                                                               
Committee.                                                                                                                      
                                                                                                                                
SENATOR MCGUIRE  noted that three  committee members were  in the                                                               
Judiciary Committee  and would be up  to speed when the  bill was                                                               
addressed.                                                                                                                      
                                                                                                                                
9:31:26 AM                                                                                                                    
SENATOR COGHILL expressed  that Chair Stoltze had to  put up with                                                               
his petulance in trying to push the bill along.                                                                                 
                                                                                                                                
CHAIR STOLTZE said the bill had  a tighter timeline and was being                                                               
worked  on concurrently  in  both bodies  on  the various  fiscal                                                               
plans.                                                                                                                          
                                                                                                                                
SENATOR COGHILL  commented that the  House was watching  what the                                                               
committee was doing  and would probably take some of  the work to                                                               
heart. He  pointed out that 11  codes and court rules  were being                                                               
addressed,   a  massive   undertaking.  He   asserted  that   his                                                               
impatience was  related to  getting to the  "meat of  the issue,"                                                               
but conceded that time was required to work things out.                                                                         
                                                                                                                                
9:33:17 AM                                                                                                                    
CHAIR STOLTZE addressed a memo  to Mr. Steiner, [Quinlan Steiner,                                                               
Public Defender],  that critiqued  the Office of  Victims' Rights                                                               
previous  testimony.  He pointed  out  that  the Public  Defender                                                               
Agency represented a different constituency than victims.                                                                       
                                                                                                                                
SENATOR  COGHILL   noted  that   the  state   has  constitutional                                                               
provisions  that  deal  with  victims'  rights  as  well  as  the                                                               
correctional system.  He said the  intent was to try  and balance                                                               
between victims' rights and the correctional system.                                                                            
                                                                                                                                
CHAIR STOLTZE commented that he was  not in love with the subject                                                               
matter, but conceded that the  committee would endeavor to do its                                                               
part to do the work as quickly as it can.                                                                                       
                                                                                                                                
[SB 91 was held in committee.]                                                                                                  
                                                                                                                                
9:35:56 AM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Stoltze adjourned the Senate State Affairs Committee at                                                                   
9:35 a.m.                                                                                                                       

Document Name Date/Time Subjects
Resume for Governor's Appointment - AK Public Offices Commission - Thomas Temple.pdf SSTA 3/1/2016 8:30:00 AM
Appointment
Resume for Governor's Appointment - AK State Personnel Board - Keith Hamilton.pdf SSTA 3/1/2016 8:30:00 AM
Appointment
Resume for Governor's Appointment - Commission for Human Rights - Brandon Nakasato.pdf SSTA 3/1/2016 8:30:00 AM
Appointment
APOC Fact Sheet & Roster.pdf SSTA 3/1/2016 8:30:00 AM
Appointment
Commission for Human Rights Fact Sheet & Roster.pdf SSTA 3/1/2016 8:30:00 AM
Appointment
Personnel Board Fact Sheet & Roster.pdf SSTA 3/1/2016 8:30:00 AM
Appointment
SCR 20 Sponsor Statement.pdf SSTA 3/1/2016 8:30:00 AM
SCR 20
SCR 20 Backup Document - 2015 Alaska Victimization Survey Media Release.pdf SSTA 3/1/2016 8:30:00 AM
SCR 20
SCR 20 Backup Document - DVSA Dashboard 2015.pdf SSTA 3/1/2016 8:30:00 AM
SCR 20
SCR 20 Backup Document - Key Results 2015 AK Victimization Survey.pdf SSTA 3/1/2016 8:30:00 AM
SCR 20
SCR 20 Backup Document - Web Page of CDVSA Statewide Programs.pdf SSTA 3/1/2016 8:30:00 AM
SCR 20
SCR 20 Fiscal Note - SSTA 2-28-16.pdf SSTA 3/1/2016 8:30:00 AM
SCR 20
SCR 20 Backup Document - CDVSA Annual Report 2015.pdf SSTA 3/1/2016 8:30:00 AM
SCR 20
SCR 20 Support Letter - ANDVSA 2-29-16.pdf SSTA 3/1/2016 8:30:00 AM
SCR 20
SSSB 91 Department of Administration Public Defender Agency Internal Memo - Response to Office of Victim's Rights SB 91 Written Testimony to SSTA on Version N - 2-22-16.pdf SSTA 3/1/2016 8:30:00 AM
SB 91