Legislature(2017 - 2018)BUTROVICH 205

03/27/2018 03:30 PM STATE AFFAIRS

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Audio Topic
03:32:32 PM Start
03:33:38 PM Confirmation Hearing(s): Alaska Police Standards Council, Alaska Public Office Commission
03:50:42 PM HB44
04:30:01 PM SB186
04:39:56 PM HB138
05:02:35 PM SB210
05:15:00 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Consideration of Governor's Appointees
+ Alaska Public Office Commission TELECONFERENCED
- Anne Helzer
+ Alaska Police Standards Council TELECONFERENCED
- Michael Craig
- Justin Doll
- David Knapp
- Larry "Shane" Nicholson
-- Public Testimony on Appointees --
+ HB 138 MARCH: SOBRIETY AWARENESS MONTH TELECONFERENCED
Moved HB 138 Out of Committee
*+ SB 210 SEAFOOD MISREPRESENTATION ON MENUS TELECONFERENCED
Moved SB 210 Out of Committee
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 44 LEGISLATIVE ETHICS: VOTING & CONFLICTS TELECONFERENCED
Moved SCS CSSSHB 44(STA) Out of Committee
+= SB 186 VOTER REGISTRATION & PFD APP REGISTRATION TELECONFERENCED
Moved CSSB 186(STA) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         March 27, 2018                                                                                         
                           3:32 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Kevin Meyer, Chair                                                                                                      
Senator David Wilson                                                                                                            
Senator Cathy Giessel                                                                                                           
Senator John Coghill                                                                                                            
Senator Dennis Egan                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARINGS                                                                                                           
                                                                                                                                
     Alaska Police Standards Council                                                                                          
          Michael Craig - Anchorage                                                                                             
          Justin Doll - Anchorage                                                                                               
          David Knapp - Palmer                                                                                                  
          Larry "Shane" Nicholson - Kodiak                                                                                      
                                                                                                                                
     - CONFIRMATIONS ADVANCED                                                                                                   
                                                                                                                                
     Alaska Public Offices Commission                                                                                         
          Anne Helzer - Anchorage                                                                                               
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
HOUSE BILL NO. 44                                                                                                               
"An  Act  requiring  a  legislator  to  abstain  from  taking  or                                                               
withholding official  action or exerting official  influence that                                                               
could  benefit or  harm  an immediate  family  member or  certain                                                               
employers; and  requiring a legislator  to request to  be excused                                                               
from  voting in  an  instance  where the  legislator  may have  a                                                               
financial conflict of interest."                                                                                                
                                                                                                                                
     - MOVED SCS CSSSHB 44(STA) OUT OF COMMITTEE                                                                                
                                                                                                                                
SENATE BILL NO. 186                                                                                                             
"An Act relating to voter registration; and providing for an                                                                    
effective date."                                                                                                                
                                                                                                                                
     - MOVED CSSB 186(STA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 138                                                                                                              
"An Act establishing the month of March as Sobriety Awareness                                                                   
Month."                                                                                                                         
                                                                                                                                
     - MOVED HB 138 OUT OF COMMITTEE                                                                                            
                                                                                                                                
SENATE BILL NO. 210                                                                                                             
"An Act relating to the misrepresentation of seafood and seafood                                                                
ingredients by retail food establishments."                                                                                     
                                                                                                                                
     - MOVED SB 210 OUT OF COMMITTEE                                                                                            
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 44                                                                                                                   
SHORT TITLE: LEGISLATIVE ETHICS: VOTING & CONFLICTS                                                                             
SPONSOR(s): REPRESENTATIVE(s) GRENN                                                                                             
                                                                                                                                
01/18/17       (H)       PREFILE RELEASED 1/13/17                                                                               
01/18/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/17       (H)       JUD, FIN                                                                                               
01/23/17       (H)       SPONSOR SUBSTITUTE INTRODUCED                                                                          
01/23/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/23/17       (H)       JUD, FIN                                                                                               
01/25/17       (H)       STA REPLACES FIN REFERRAL                                                                              
01/25/17       (H)       BILL REPRINTED 1/25/17                                                                                 
01/25/17       (H)       JUD WAIVED PUBLIC HEARING NOTICE, RULE                                                                 
                         23(A) FOR SSHB 44                                                                                      
01/25/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
01/25/17       (H)       -- Meeting Postponed to 1/27/17 --                                                                     
01/27/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
01/27/17       (H)       -- Meeting Rescheduled from 1/25/17 --                                                                 
01/30/17       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
01/30/17       (H)       Heard & Held                                                                                           
01/30/17       (H)       MINUTE(JUD)                                                                                            
02/03/17       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
02/03/17       (H)       Moved CSSSHB 44(JUD) Out of Committee                                                                  
02/03/17       (H)       MINUTE(JUD)                                                                                            
02/08/17       (H)       JUD RPT CS(JUD) 1DP 3DNP 3AM                                                                           
02/08/17       (H)       DP: LEDOUX                                                                                             
02/08/17       (H)       DNP: KOPP, EASTMAN, REINBOLD                                                                           
02/08/17       (H)       AM: KREISS-TOMKINS, FANSLER, CLAMAN                                                                    
02/18/17       (H)       STA AT 11:00 AM GRUENBERG 120                                                                          
02/18/17       (H)       Heard & Held                                                                                           
02/18/17       (H)       MINUTE(STA)                                                                                            
02/21/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
02/21/17       (H)       Heard & Held                                                                                           
02/21/17       (H)       MINUTE(STA)                                                                                            
02/21/17       (H)       STA AT 5:30 PM GRUENBERG 120                                                                           
02/21/17       (H)       Heard & Held                                                                                           
02/21/17       (H)       MINUTE(STA)                                                                                            
03/02/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/02/17       (H)       Heard & Held                                                                                           
03/02/17       (H)       MINUTE(STA)                                                                                            
03/07/17       (H)       STA AT 5:30 PM GRUENBERG 120                                                                           
03/07/17       (H)       Heard & Held                                                                                           
03/07/17       (H)       MINUTE(STA)                                                                                            
03/28/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/28/17       (H)       Moved CS SSHB 44(STA) Out of Committee                                                                 
03/28/17       (H)       MINUTE(STA)                                                                                            
04/03/17       (H)       STA RPT CS(STA) NT 3DP 1DNP 3NR                                                                        
04/03/17       (H)       DP: LEDOUX, TUCK, KREISS-TOMKINS                                                                       
04/03/17       (H)       DNP: BIRCH                                                                                             
04/03/17       (H)       NR: JOHNSON, WOOL, KNOPP                                                                               
04/08/17       (H)       SUSTAINED RULING OF CHAIR Y23 N16 E1                                                                   
04/08/17       (H)       BEFORE HOUSE IN SECOND READING                                                                         
04/08/17       (H)       TRANSMITTED TO (S)                                                                                     
04/08/17       (H)       VERSION: CSSSHB 44(STA)                                                                                
04/10/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/10/17       (S)       STA, JUD                                                                                               
02/20/18       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
02/20/18       (S)       Heard & Held                                                                                           
02/20/18       (S)       MINUTE(STA)                                                                                            
02/22/18       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
02/22/18       (S)       Heard & Held                                                                                           
02/22/18       (S)       MINUTE(STA)                                                                                            
03/23/18       (S)       FIN REFERRAL ADDED AFTER JUD                                                                           
03/27/18       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 186                                                                                                                  
SHORT TITLE: VOTER REGISTRATION & PFD APP REGISTRATION                                                                          
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
02/16/18       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/16/18       (S)       STA, FIN                                                                                               
03/08/18       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
03/08/18       (S)       Heard & Held                                                                                           
03/08/18       (S)       MINUTE(STA)                                                                                            
03/22/18       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
03/22/18       (S)       Heard & Held                                                                                           
03/22/18       (S)       MINUTE(STA)                                                                                            
03/27/18       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HB 138                                                                                                                  
SHORT TITLE: MARCH: SOBRIETY AWARENESS MONTH                                                                                    
SPONSOR(s): REPRESENTATIVE(s) SPOHNHOLZ                                                                                         
                                                                                                                                
02/22/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/22/17       (H)       HSS, CRA                                                                                               
03/07/17       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
03/07/17       (H)       Heard & Held                                                                                           
03/07/17       (H)       MINUTE(HSS)                                                                                            
03/23/17       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
03/23/17       (H)       Moved HB 138 Out of Committee                                                                          
03/23/17       (H)       MINUTE(HSS)                                                                                            
03/24/17       (H)       HSS RPT 6DP 1NR                                                                                        
03/24/17       (H)       DP: JOHNSTON, TARR, EDGMON, SULLIVAN-                                                                  
                         LEONARD, KITO, SPOHNHOLZ                                                                               
03/24/17       (H)       NR: EASTMAN                                                                                            
04/04/17       (H)       CRA AT 8:00 AM BARNES 124                                                                              
04/04/17       (H)       Moved HB 138 Out of Committee                                                                          
04/04/17       (H)       MINUTE(CRA)                                                                                            
04/05/17       (H)       CRA RPT 5DP                                                                                            
04/05/17       (H)       DP:    WESTLAKE,   SADDLER,    TALERICO,                                                               
                         DRUMMOND, FANSLER                                                                                      
04/07/17       (H)       TRANSMITTED TO (S)                                                                                     
04/07/17       (H)       VERSION: HB 138                                                                                        
04/10/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/10/17       (S)       HSS, STA                                                                                               
02/12/18       (S)       RETURNED TO HOUSE PER REQUEST                                                                          
02/14/18       (H)       BILL RECEIVED IN HOUSE                                                                                 
02/14/18       (H)       BILL REPRINTED 2/14/18                                                                                 
02/14/18       (H)       RETURNED TO SENATE                                                                                     
03/14/18       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
03/14/18       (S)       Moved HB 138 Out of Committee                                                                          
03/14/18       (S)       MINUTE(HSS)                                                                                            
03/16/18       (S)       HSS RPT 4DP                                                                                            
03/16/18       (S)       DP: WILSON, BEGICH, VON IMHOF, MICCICHE                                                                
03/27/18       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 210                                                                                                                  
SHORT TITLE: SEAFOOD MISREPRESENTATION ON MENUS                                                                                 
SPONSOR(s): SENATOR(s) WIELECHOWSKI                                                                                             
                                                                                                                                
02/19/18       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/19/18       (S)       STA, JUD                                                                                               
03/27/18       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DAVID KNAPP, Appointee                                                                                                          
Alaska Police Standards Council                                                                                                 
Palmer, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as appointee to  the Alaska Police                                                             
Standards Council.                                                                                                              
                                                                                                                                
LARRY SHANE NICHOLSON, Appointee                                                                                                
Alaska Police Standards Council                                                                                                 
Kodiak, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as appointee to  the Alaska Police                                                             
Standards Council.                                                                                                              
                                                                                                                                
JUSTIN DOLL, Appointee                                                                                                          
Alaska Police Standards Council                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified as appointee to  the Alaska Police                                                             
Standards Council.                                                                                                              
                                                                                                                                
MIKE CRAIG, Appointee                                                                                                           
Alaska Police Standards Council                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified as appointee to  the Alaska Police                                                             
Standards Council.                                                                                                              
                                                                                                                                
ANNE HELZER, Appointee                                                                                                          
Alaska Public Offices Commission                                                                                                
Alaska Department of Administration                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified as appointee to  the Alaska Public                                                             
Offices Commission.                                                                                                             
                                                                                                                                
CHRISTINE MARASIGAN, Staff                                                                                                      
Senator Meyer                                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Addressed a  committee substitute (CS) for HB                                                             
44, a  legal memo from  Legislative Legal, and  Senate Concurrent                                                               
Resolution (SCR) for a title change to HB 44.                                                                                   
                                                                                                                                
DAN WAYNE, Legislative Counsel                                                                                                  
Division of Legal and Research Services                                                                                         
Legislative Affairs Agency                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION   STATEMENT:   Addressed    his   memo   regarding   the                                                             
constitutionality of HB 44 and the initiative called "The Alaska                                                                
Government Accountability Act."                                                                                                 
                                                                                                                                
LIBBY BAKALAR, Assistant Attorney General                                                                                       
Civil Division                                                                                                                  
Labor & State Affairs Section                                                                                                   
Alaska Department of Law                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION   STATEMENT:   Addressed   constitutionality   questions                                                             
regarding HB 44 and the initiative called "The Alaska Government                                                                
Accountability Act."                                                                                                            
                                                                                                                                
RYAN JOHNSTON, Staff                                                                                                            
Representative Grenn                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified on HB 44 and the initiative called                                                              
"The Alaska Government Accountability Act."                                                                                     
                                                                                                                                
CHRITINE MARASIGAN, Staff                                                                                                       
Senator Meyer                                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided an overview of the CS for SB 186.                                                                
                                                                                                                                
JOSE BAHNKE, Director                                                                                                           
Alaska Division of Elections                                                                                                    
Office of the Lieutenant Governor                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Addressed the division's amendment for SB                                                                 
186.                                                                                                                            
                                                                                                                                
REPRESENTATIVE IVY SPOHNHOLZ                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of HB 138, provided an overview.                                                                  
                                                                                                                                
TASHA ELIZARDE, Staff                                                                                                           
Representative Spohnholz                                                                                                        
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided the sectional analysis for HB 138.                                                               
                                                                                                                                
KIM ZELLO, Advocate                                                                                                             
Fallen Up Ministries                                                                                                            
Palmer, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of HB 138.                                                                           
                                                                                                                                
JULIE KITKA, President                                                                                                          
Alaska Federation of Natives                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of HB 138.                                                                           
                                                                                                                                
TIFFANY HALL, Executive Director                                                                                                
Recover Alaska                                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of HB 138                                                                            
                                                                                                                                
SENATOR BILL WIELECHOWSKI                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of SB 210.                                                                                        
                                                                                                                                
NATE GRAHAM, Staff                                                                                                              
Senator Wielechowski                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided a sectional analysis of SB 210.                                                                  
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:32:32 PM                                                                                                                    
CHAIR  KEVIN  MEYER  called the  Senate  State  Affairs  Standing                                                             
Committee meeting  to order at 3:32  p.m. Present at the  call to                                                               
order  were Senators  Giessel, Coghill,  Wilson, Egan,  and Chair                                                               
Meyer.                                                                                                                          
                                                                                                                                
^Confirmation  Hearing(s):   Alaska  Police   Standards  Council,                                                               
Alaska Public Office Commission                                                                                                 
                     CONFIRMATION HEARINGS                                                                                  
                Alaska Police Standards Council                                                                             
                Alaska Public Office Commission                                                                             
                                                                                                                                
3:33:38 PM                                                                                                                    
CHAIR  MEYER  announced  the   consideration  of  the  governor's                                                               
appointees.  He  asked the  conferees  to  state their  name  and                                                               
provide the  committee with  a brief  orientation about  why they                                                               
want  to  be  appointed  or  reappointed  to  the  Alaska  Police                                                               
Standards Council.                                                                                                              
                                                                                                                                
3:34:24 PM                                                                                                                    
DAVID KNAPP, Appointee, Alaska  Police Standards Council, Palmer,                                                               
Alaska,  disclosed  that  he  is   a  sergeant  with  the  Alaska                                                               
Department of Corrections. He detailed  that he has been with the                                                               
department for 13 years.                                                                                                        
                                                                                                                                
CHAIR MEYER asked  if Sergeant Knapp was currently  on the Alaska                                                               
Police Standard Council.                                                                                                        
                                                                                                                                
SERGEANT KNAPP  answered yes. He  disclosed that he  has attended                                                               
one meeting.                                                                                                                    
                                                                                                                                
3:35:03 PM                                                                                                                    
LARRY  SHANE   NICHOLSON,  Appointee,  Alaska   Police  Standards                                                               
Council, Kodiak,  Alaska, disclosed  that he  is a  sergeant with                                                               
the Alaska Wildlife  Troopers. He detailed that he  has been with                                                               
the  Alaska  State  Troopers  for 19  years  and  referenced  his                                                               
curriculum vitae.  He noted  that he  was recently  appointed and                                                               
has not attended any meetings.                                                                                                  
                                                                                                                                
3:35:57 PM                                                                                                                    
JUSTIN   DOLL,  Appointee,   Alaska  Police   Standards  Council,                                                               
Anchorage, Alaska, disclosed  that he is the chief  of police for                                                               
the Anchorage  Police Department.  He detailed  that he  has been                                                               
with the  Anchorage Police Department  for 22 years.  He revealed                                                               
that he has been newly appointed to the council.                                                                                
                                                                                                                                
3:36:41 PM                                                                                                                    
MIKE   CRAIG,  appointee,   Alaska   Police  Standards   Council,                                                               
Anchorage,  Alaska,  revealed  that  he has  worked  for  Alyeska                                                               
Pipeline for  35 years and  noted that for  the past 2  years has                                                               
acted as  the employee-concerns  coordinator. He opined  that his                                                               
current position with Alyeska Pipeline  fits well with the charge                                                               
of what  the council  is hearing  regarding conduct.  He detailed                                                               
that he filled a spot on the council  at the end of 2017 when Mr.                                                               
Richard Burton retired.                                                                                                         
                                                                                                                                
3:37:30 PM                                                                                                                    
CHAIR MEYER opened and closed public testimony.                                                                                 
                                                                                                                                
SENATOR COGHILL said  he had heard testimony  from the appointees                                                               
in the Senator Judiciary Committee  and noted that there were not                                                               
many questions but a lot of congratulations.                                                                                    
                                                                                                                                
CHAIR MEYER  agreed that all  four appointees are great  and will                                                               
do a fantastic job.                                                                                                             
                                                                                                                                
CHAIR MEYER read the following:                                                                                                 
                                                                                                                                
     In  accordance  with  AS 39.05.080,  the  Senate  State                                                                    
     Affairs  Committee  has  reviewed  the  appointees  and                                                                    
     recommends  the appointments  be forwarded  to a  joint                                                                    
     session  for  consideration;   this  does  not  reflect                                                                    
     intent  of  any members  to  vote  for or  against  the                                                                    
     confirmation  of  the  individuals during  any  further                                                                    
     sessions.                                                                                                                  
                                                                                                                                
CHAIR MEYER announced that the  next appointee is Anne Helzer for                                                               
the  Alaska Public  Office  Commission. He  asked  Ms. Helzer  to                                                               
provide  committee  members  with  a  brief  orientation  of  her                                                               
background and address why she would  like to serve on the Alaska                                                               
Public Office Commission.                                                                                                       
                                                                                                                                
3:39:53 PM                                                                                                                    
ANNE HELZER, Appointee, Alaska  Public Offices Commission (APOC),                                                               
Alaska   Department   of   Administration,   Anchorage,   Alaska,                                                               
disclosed  that she  is an  attorney who  practices primarily  in                                                               
trusts and  estates, and small  business formation  and guidance.                                                               
She noted  that she has attended  a couple of APOC  meetings. She                                                               
asserted  that  she  would  provide APOC  with  an  unbiased  and                                                               
impartial objective view on the  proceedings. She emphasized that                                                               
she is  not politically motivated  but has an interest  in things                                                               
that are  done correctly and  operating smoothly.  She summarized                                                               
that she is thrilled at the  opportunity to serve the state as an                                                               
APOC member.                                                                                                                    
                                                                                                                                
SENATOR GIESSEL noted  that the APOC fact sheet  details that the                                                               
commission has five  members, two from each of  the two political                                                               
parties  and one  member nominated  by the  majority vote  of the                                                               
members  of   the  commission.  She   asked  which  one   of  the                                                               
descriptions fits Ms. Helzer.                                                                                                   
                                                                                                                                
MS.  HELZER  revealed  that  she   is  a  registered  Republican;                                                               
however, she  opined that her  party affiliation would  not carry                                                               
any weight  in her role  with APOC.  She expressed that  the APOC                                                               
issues tend  to be statutory  and she  would have to  be familiar                                                               
with the  rules and laws.  She added that  she should be  able to                                                               
take  recommendations from  staff members  and other  people that                                                               
are providing information in each case.                                                                                         
                                                                                                                                
3:42:36 PM                                                                                                                    
SENATOR  GIESSEL  remarked that  party  affiliation  does play  a                                                               
role.  She  conceded that  Ms.  Helzer's  adjudication should  be                                                               
impartial,  but  noted  that  the  political  parties  put  names                                                               
forward for APOC. She asked how her name was put forward.                                                                       
                                                                                                                                
MS. HELZER answered  that her understanding is  she was nominated                                                               
by several people.                                                                                                              
                                                                                                                                
SENATOR GIESSEL  asked her  to clarify that  she really  does not                                                               
know  whether one  of  the  two political  parties  put her  name                                                               
forward as is customary for the APOC seats.                                                                                     
                                                                                                                                
MS. HELZER surmised that she  was appointed by Tuckerman Babcock,                                                               
the Chair of  the Alaska Republican Party, and  other people also                                                               
recommended  her.  She  reiterated   that  she  is  a  registered                                                               
Republican but  questioned her political affiliation  for serving                                                               
as an APOC member.                                                                                                              
                                                                                                                                
SENATOR GIESSEL suggested that Ms.  Helzer look at the Boards and                                                               
Commissions website  and review  APOC's fact sheet  regarding the                                                               
appointments  to  familiarize  herself   with  the  process.  She                                                               
thanked Ms. Helzer and noted  that she appreciated her discussion                                                               
about  impartiality  and following  the  law,  something that  is                                                               
important.                                                                                                                      
                                                                                                                                
3:44:16 PM                                                                                                                    
MS. HELZER  replied that  she would  review the  APOC appointment                                                               
process.                                                                                                                        
                                                                                                                                
CHAIR MEYER  noted Ms. Helzer's academic  and activity background                                                               
and asked what brought her to Alaska.                                                                                           
                                                                                                                                
MS. HELZER  detailed that  she went to  college in  New Hampshire                                                               
where she  met her  husband who is  from Anchorage.  She detailed                                                               
that  both  she  and  her  husband decided  to  move  to  Alaska,                                                               
something that  she considered both  as a risk and  an adventure.                                                               
She said she  loves Alaska and considers the state  her home even                                                               
though she was born in New York.  She said she is thrilled at the                                                               
possibilities that Alaska brings and  continues to bring her. She                                                               
disclosed that she has a  thriving law practice that is exciting.                                                               
She detailed  that she  serves on  the Anchorage  Bar Association                                                               
Board  as president  and  is active  in  many organizations.  She                                                               
summarized that  she is, "Very married  to the state and  will be                                                               
here for the rest of her life."                                                                                                 
                                                                                                                                
CHAIR  MEYER addressed  Ms. Helzer's  resume and  noted that  her                                                               
preference was to be a member  of the Alaska State Council on the                                                               
Arts,  Alaska  Commission on  Aging,  and  the Aviation  Advisory                                                               
Board, but was chosen to serve at APOC.                                                                                         
                                                                                                                                
MS. HELZER  replied that Chair  Meyer's remark was  not accurate.                                                               
She specified  that she was  asked during her interview  with the                                                               
Office  of the  Governor as  to what  other boards  she would  be                                                               
interested in  serving on and  the boards that Chair  Meyer noted                                                               
are boards that  she would be very interested in  serving on, but                                                               
she had come in for APOC.                                                                                                       
                                                                                                                                
3:47:16 PM                                                                                                                    
CHAIR MEYER opened and closed public testimony.                                                                                 
                                                                                                                                
CHAIR MEYER read the following:                                                                                                 
                                                                                                                                
     In  accordance  with  AS 39.05.080,  the  Senate  State                                                                    
     Affairs  Committee  has   reviewed  the  appointee  and                                                                    
     recommends  the appointment  be  forwarded  to a  joint                                                                    
     session  for  consideration;   this  does  not  reflect                                                                    
     intent  of  any members  to  vote  for or  against  the                                                                    
     confirmation  of  the  individual  during  any  further                                                                    
     sessions.                                                                                                                  
                                                                                                                                
3:49:01 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
         HB 44-LEGISLATURE: ETHICS, CONFLICTS, PER DIEM                                                                     
                                                                                                                              
3:50:42 PM                                                                                                                    
CHAIR  MEYER announced  the consideration  of House  Bill 44  (HB                                                               
44). He  noted that the bill  was heard on February  22 and there                                                               
was a Senate committee substitute (CS) for consideration.                                                                       
                                                                                                                                
3:51:07 PM                                                                                                                    
SENATOR GIESSEL  moved to  adopt the Senate  CS (SCS)  for CSSSHB                                                               
44, version 30-LS0208\N as the working document.                                                                                
                                                                                                                                
CHAIR MEYER objected for discussion purposes.                                                                                   
                                                                                                                                
3:51:45 PM                                                                                                                    
CHRISTINE   MARASIGAN,  Staff,   Senator   Meyer,  Alaska   State                                                               
Legislature,  Juneau, Alaska,  stated  that the  Senate CS  makes                                                               
some  substantive changes  to  the bill.  She  explained that  it                                                               
takes the  rest of  an initiative  called "The  Alaska Government                                                               
Accountability Act,"  Petition ID:  17AKGA, and puts  it squarely                                                               
into HB 44.                                                                                                                     
                                                                                                                                
She specified that there were five ideas in the initiative:                                                                     
                                                                                                                                
   • Declaration of conflict; specifically, if a legislator or                                                                  
     legislator's family has a financial interest of $10,000 or                                                                 
     more.                                                                                                                      
   • Acceptance of de minimis food or non-alcoholic beverage for                                                                
     immediate consumption.                                                                                                     
   • Banning foreign travel.                                                                                                    
   • Eliminating per diem after 121 days.                                                                                       
   • Not allowing foreign corporation or agents.                                                                                
                                                                                                                                
MS. MARASIGAN provided the following sectional analysis,                                                                        
pointing out where the "five ideas" are located:                                                                                
                                                                                                                                
     In  your CS,  version: N,  sections 1  and 2  are taken                                                                    
     from  the initiative,  it's basically  Section 9;  this                                                                    
     deals   with  the   foreign  corporation   or  national                                                                    
     language, and that's what is in those two sections.                                                                        
                                                                                                                                
     Sections 3, 4 and 5, found  on page 6 of version N, the                                                                    
     Section  3  addresses  the  issue  of  disallowing  any                                                                    
     foreign travel  to be funded  unless a report  is made.                                                                    
     Section  4  deals with  no  per  diem after  120  days.                                                                    
     Section 5 deals with moving expenses.                                                                                      
                                                                                                                                
     Section  6, we  have  the mention  of the  nonalcoholic                                                                    
     beverage piece.  The majority of  the rest of  the bill                                                                    
     was  in   your  original  version  R   that  you  heard                                                                    
     previously.                                                                                                                
                                                                                                                                
     Section 7,  that corresponds to  Section 1  that you've                                                                    
     heard previously about conflict of interest.                                                                               
                                                                                                                                
     Section 8 corresponds to Section 2.                                                                                        
                                                                                                                                
     Section 9 corresponds to Section 3.                                                                                        
                                                                                                                                
     Section 11 corresponds to section 4.                                                                                       
                                                                                                                                
     Section 10 addresses alcoholic beverages.                                                                                  
                                                                                                                                
     The  other major  addition is  having  a new  effective                                                                    
     date, which is found in Section 17.                                                                                        
                                                                                                                                
3:55:08 PM                                                                                                                    
She continued as follows:                                                                                                       
                                                                                                                                
     Taking this  initiative and  putting it  into statutory                                                                    
     language,  it  takes  some time  simply  because  each,                                                                    
     Department of  Law, the Legislature,  each organization                                                                    
     has  their  way  of  drafting  materials  in  order  to                                                                    
     conform  with  their  material   that  they  have  with                                                                    
     statute  or etcetera.  So,  there  was an  accompanying                                                                    
     legal  memo that  was produced  from Legislative  Legal                                                                    
     that points out  that while this version  N before you,                                                                    
     the CS  you have  adopted is not  absolutely identical,                                                                    
     it is very similar in  that both the initiative and the                                                                    
     bill also raise constitutional issues.                                                                                     
                                                                                                                                
     The memo  also points  out the differences  between the                                                                    
     bill drafted before  you and the initiative  in that it                                                                    
     can be  attributed to drafting styles  that I mentioned                                                                    
     previously but  it is  still substantive;  for example,                                                                    
     one  of little  changes is  that in  the initiative  we                                                                    
     talk about  a de minimis  for food and drink  where the                                                                    
     bill before  you simply states what  we've been abiding                                                                    
     by   in  our   ethics  language   as  $15.   Also,  the                                                                    
     applicability  of   the  initiative's   prohibition  on                                                                    
     campaign  contributions  and  expenditures  by  foreign                                                                    
     influenced corporations, that language  did not meet up                                                                    
     very  well  in the  bill  and  in the  initiative,  and                                                                    
     there's  some issues  with  constitutionality that  the                                                                    
     drafter  then  points out  in  the  legal memo  to  the                                                                    
     committee.  So, having  said that,  the memo  is pretty                                                                    
     clear   that   while   there   are   some   substantive                                                                    
     differences between the bill,  the real differences are                                                                    
     very  few   and  they  amount  to   different  ways  of                                                                    
     addressing   identical   issues.   So,   the   drafters                                                                    
     themselves said  therefore while you can't  predict the                                                                    
     certainty of the outcome of  potential litigation, if a                                                                    
     court were  to apply the  three-part test to  this that                                                                    
     the  bill would  in fact  displace the  initiative from                                                                    
     the election ballet.                                                                                                       
                                                                                                                                
     There  were four  areas of  constitutionality that  the                                                                    
     legal memo  addressed. One was the  salary and expenses                                                                    
     of  legislators,  second  was federal  preemption,  the                                                                    
     third was  freedom of speech  and association,  and the                                                                    
     fourth was equal protection.                                                                                               
                                                                                                                                
     I  do have  legislative  attorney Dan  Wayne online  to                                                                    
     answer  any   specific  questions.   Committee  members                                                                    
     should be aware  that this bill has  a further referral                                                                    
     to Senate Judiciary and has  had an additional referral                                                                    
     to Senate Finance.                                                                                                         
                                                                                                                                
3:58:03 PM                                                                                                                    
CHAIR MEYER asked Ms. Marasigan to verify that foreign travel is                                                                
not prohibited, but it must be approved as a legislative purpose                                                                
and a report must be filed after a legislator returns.                                                                          
                                                                                                                                
MS. MARASIGAN answered correct. She noted that the foreign                                                                      
travel stipulation is in both the bill and the initiative.                                                                      
                                                                                                                                
CHAIR MEYER commented on HB 44 and the initiative as follows:                                                                   
                                                                                                                                
     I want to  let the committee know HB 44  dealt with the                                                                    
     conflict  issue  which I  thought  did  a good  job  of                                                                    
     defining what a  conflict is, I believe  it is $10,000;                                                                    
     and  then   we  got   thinking  if  that   matches  the                                                                    
     initiative,  let's  look at  the  other  things on  the                                                                    
     initiative and  just see if  we can  combine everything                                                                    
     else into this one bill,  and if so then the initiative                                                                    
     wouldn't need to  go before the voters if  we are close                                                                    
     or close enough to the initiative.                                                                                         
                                                                                                                                
     So, looking at  the other four items in  the five parts                                                                    
     of that  initiative, they  all seem to  be, I  think, a                                                                    
     good  idea as  far as  I was  concerned and  I'm hoping                                                                    
     that the committee does as well,  and I did talk to the                                                                    
     sponsor both  of this bill,  HB 44, and also  I believe                                                                    
     he's  one of  the three  cosponsors on  the initiative,                                                                    
     that's  Representative   Grenn,  I  spoke  to   him  on                                                                    
     Thursday and asked him if he  was okay with this, and I                                                                    
     didn't get answer.                                                                                                         
                                                                                                                                
     So, I guess I don't know if  no news is good news or he                                                                    
     hadn't had a chance to talk  to the other two yet; but,                                                                    
     this bill does have two more  committees to go to and I                                                                    
     think   the  biggest   question   right   now  is   the                                                                    
     constitutionality of  the bill  and the  initiative and                                                                    
     so the bill  goes to Judiciary next which  I'm sure the                                                                    
     Judiciary chair will iron that all out.                                                                                    
                                                                                                                                
He  addressed Mr.  Wayne from  Legislative  Legal and  noted                                                                    
that he  wrote his opinion  making himself clear that  HB 44                                                                    
may be  unconstitutional; however,  he noted that  Mr. Wayne                                                                    
also    believed    that    the    initiative    was    also                                                                    
unconstitutional. He asked Mr. Wayne  how the initiative got                                                                    
approved if the initiative was unconstitutional.                                                                                
                                                                                                                                
4:00:51 PM                                                                                                                    
DAN WAYNE,  Legislative Counsel,  Division of Legal  and Research                                                               
Services, Legislative  Affairs Agency, Alaska  State Legislature,                                                               
Juneau,  Alaska, explained  that the  attorney general's  opinion                                                               
that  accompanied   the  initiative  does  not   talk  about  the                                                               
constitutionality of  the bill  other than  whether it  meets the                                                               
single-subject  requirement in  the constitution.  He added  that                                                               
the  same  requirement  that  it  applies  to  bills  before  the                                                               
Legislature was  addressed in the  document on page 4  that says,                                                               
"The  bill is  not clearly  unconstitutional." He  specified that                                                               
the document  did not certify  that there were  no constitutional                                                               
problems with the bill and continued as follows:                                                                                
                                                                                                                                
     They  are not  required to  do that,  they are  just, I                                                                    
     think,  required to  say  whether or  not  the bill  is                                                                    
     clearly  constitutional or  not;  they  said it  wasn't                                                                    
     clearly  unconstitutional, that's  not really  the same                                                                    
     thing as saying that the  bill is constitutional, and I                                                                    
     don't think that they would  disagree that there may be                                                                    
     constitutional issues raised by the initiative.                                                                            
                                                                                                                                
     One of the parts of  the initiative that we think might                                                                    
     have  constitutionality issues  is  the prohibiting  of                                                                    
     payment  of  legislative  per   diem  after  121  days.                                                                    
     There's  Article 11,  Section  7 that  says that,  "The                                                                    
     initiative shall  not be used  to dedicate  revenues or                                                                    
     make  or  repeal  appropriations."  If  the  initiative                                                                    
     passed  it  could  be   interpreted  as  tantamount  to                                                                    
     repealing an  appropriation, so we  think that  that is                                                                    
     one  constitutional   issue;  now,  that   issue  isn't                                                                    
     presented by  the bill  because the bill  is an  act by                                                                    
     the  Legislature, so  it's not  covered by  Article 11,                                                                    
     Section  7  of  the  constitution,  that  issue  wasn't                                                                    
     raised in  my memo of March  21 because that is  not an                                                                    
     issue with the bill.                                                                                                       
                                                                                                                                
4:04:44 PM                                                                                                                    
MR. WAYNE continued to address constitutional issues as follows:                                                                
                                                                                                                                
     The constitutional  issues raised in the  bill, there's                                                                    
     Article  2,  Section 7  of  the  constitution, it  says                                                                    
     that,  "Legislators shall  receive annual  salaries and                                                                    
     they may  receive a per  diem allowance." If  this bill                                                                    
     passed or  the initiative  passed, either one,  and the                                                                    
     Legislature  decided  not  to   follow  it,  the  court                                                                    
     probably  wouldn't   intervene,  they  would   say  the                                                                    
     payment of per diem  is an internal legislative matter,                                                                    
     it's a legislative  prerogative, it's "nonjusticiable."                                                                    
     I say  that based on  some past holdings of  the court,                                                                    
     they cited one of them here on page 4 of my memo.                                                                          
                                                                                                                                
     Another  constitutional  issue is  federal  preemption.                                                                    
     The  initiative   creates  something   called  "foreign                                                                    
     influence  corporation" and  defines what  that is  and                                                                    
     says  that, "Any  foreign  influence corporation  can't                                                                    
     donate anything to  a campaign or spend any  money on a                                                                    
     campaign  at all."  Federal law  already prohibits  any                                                                    
     foreign   national  from   contributing,  donating   or                                                                    
     spending  funds in  connection with  federal, state  or                                                                    
     local  elections  either   directly  or  indirectly.  A                                                                    
     contribution  or  expenditure  by  a  foreign-influence                                                                    
     corporation  which  is  defined  as one  that  takes  a                                                                    
     certain amount  of money from a  foreign national might                                                                    
     be  the  same  thing  as  an  indirect  expenditure  or                                                                    
     contribution  by  a  foreign nationals,  it's  probably                                                                    
     already covered by federal law  and so a state law that                                                                    
     does the same  thing might be preempted  by the federal                                                                    
     law, especially  if it conflicts  with the  federal law                                                                    
     and  that's  probably  one   of  the  main  substantive                                                                    
     differences  between the  bill, the  draft in  front of                                                                    
     you today,  and the initiative. The  initiative doesn't                                                                    
     limit   the   application   of  the   restrictions   on                                                                    
     expenditures  and  contributions  by  foreign-influence                                                                    
     corporations, the  bill does, it  says that in  a state                                                                    
     election  the  prohibition  on those  expenditures  and                                                                    
     contributions only  applies if it's allowed  by federal                                                                    
     law.  So, it  tries  to reconcile  that  the state  and                                                                    
     federal law  says that  if there  isn't a  conflict and                                                                    
     that's why  when they  drafted it,  I added  instead of                                                                    
     creating a new law section  like the initiative does. I                                                                    
     added  the language  to existing  law that  already had                                                                    
     some  of that  reconciliation  language in  it to  deal                                                                    
     with  contributions   by  foreign  nationals.   So,  it                                                                    
     addresses  the  same issue  which  is  a concern  about                                                                    
     campaign  contributions  or  expenditures  by  foreign-                                                                    
     influenced  corporations,  but  it addresses  it  in  a                                                                    
     slightly different  way and  also in  a way  that takes                                                                    
     care of part of a concern about federal preemption.                                                                        
                                                                                                                                
4:08:49 PM                                                                                                                    
MR. WAYNE continued to address constitutional issues as follows:                                                                
                                                                                                                                
     Under  "possible constitutional  issues" are  listed on                                                                    
     pages 6  and 7 of my  memo. The first one  was "freedom                                                                    
     of speech  in association" because it  is a fundamental                                                                    
     right   to  be   able  to   speak  out   and  to   make                                                                    
     contributions  and so  forth.  The  court looks  really                                                                    
     carefully whether or not the  action taken goes too far                                                                    
     in addressing  the government's concern.  So, as  I had                                                                    
     written on page  7, it says that the  bill's sections 1                                                                    
     and 2  have to do  with spending  by foreign-influenced                                                                    
     corporations might  go so  far that  a court  would say                                                                    
     that  they are  not sufficiently  narrowly tailored  to                                                                    
     the  state's interest  in protecting  its processes  of                                                                    
     self-government  because  it limits  all  expenditures,                                                                    
     even a  penny would be  limited. There's also  an equal                                                                    
     protection  concern;  again,   the  attorney  general's                                                                    
     opinion  as  I've read  it  doesn't  say there  are  no                                                                    
     constitutional concerns with  the initiative, just that                                                                    
     the  initiative is  not clearly  unconstitutional, it's                                                                    
     not a  slam dunk in  their opinion, so that's  why they                                                                    
     recommended certification.                                                                                                 
                                                                                                                                
4:10:42 PM                                                                                                                    
CHAIR  MEYER  asked Mr.  Wayne  how  a  foreign  corporation   is                                                               
defined.  He  asked  if  Apple Computer  would  be  considered  a                                                               
foreign-controlled  corporation if  people  outside  of the  U.S.                                                               
owned 10 percent  of its stock. If so, Apple  would be prohibited                                                               
from giving money to a political action committee (PAC).                                                                        
                                                                                                                                
MR.  WAYNE replied  that both  HB  44 and  the initiative  define                                                               
"foreign  corporations." He  conceded that  the definition  for a                                                               
foreign-influenced  corporation is  long,  but  in summary,  "Any                                                               
corporation would be foreign influenced  if a foreign national or                                                               
foreign owner  holds, owns,  controls or  has direct  or indirect                                                               
beneficial  ownership of  equity or  voting shares  in an  amount                                                               
equal to  or greater  than five percent  of all  corporate voting                                                               
shares  outstanding or  all corporate  equity."  He continued  as                                                               
follows:                                                                                                                        
                                                                                                                                
     There  are two  other ways  that something  could be  a                                                                    
     foreign-influenced corporation  also could be,  "Two or                                                                    
     more  foreign  nationals  or foreign  owners  combined,                                                                    
     holds,  owns,  controls  or  have  direct  or  indirect                                                                    
     beneficial ownership  or equity or voting  shares in an                                                                    
     amount  equal to  or  greater than  20  percent of  all                                                                    
     corporate  voting shares  outstanding or  all corporate                                                                    
     equity,  or   a  foreign  national  or   foreign  owner                                                                    
     participates  directly   or  indirectly   in  decisions                                                                    
     relating to covered  expenditures or contributions;" in                                                                    
     other words,  directly or  indirectly they  are somehow                                                                    
     involved in  the deciding  whether to  or how  to spend                                                                    
     money  on a  campaign.  So, it's  really a  super-broad                                                                    
     definition and one wonders how  it could be enforced. I                                                                    
     suppose you  could look at every  single corporation to                                                                    
     see if they  are on the date the  contribution was made                                                                    
     if  they   fit  into   one  of  these   three  possible                                                                    
     categories, it  might take some doing,  but that's what                                                                    
     the initiative does, and we put it into the bill.                                                                          
                                                                                                                                
CHAIR MEYER concurred  with Mr. Wayne that figuring  out who owns                                                               
what  shares  that  equated  to  more than  5  percent  would  be                                                               
difficult.  He asked  if it  was his  opinion that  inserting the                                                               
initiative  into HB  44 would  be close  enough to  not need  the                                                               
initiative on the ballot.                                                                                                       
                                                                                                                                
4:14:38 PM                                                                                                                    
MR. WAYNE answered yes. He explained as follows:                                                                                
                                                                                                                                
     I looked at the three-part  test, it was articulated in                                                                    
     Warren v.  Boucher, that 1975  case cited in  the memo,                                                                    
     and then  it is was elaborated  on 30 years later  in a                                                                    
     2005 case,  and it seemed  to me like those  cases make                                                                    
     it clear that  the Legislature has some  leeway in what                                                                    
     it  can  do   as  long  as  it   stays  within  certain                                                                    
     boundaries  that   the  court  will  consider   a  bill                                                                    
     substantially  similar for  the purposes  of displacing                                                                    
     the initiative from the ballot  if it meets that three-                                                                    
     part test  and one of  the parts that it  addresses the                                                                    
     same  general  concerns  that   are  addressed  in  the                                                                    
     initiative, and this bill certainly  does that; but, it                                                                    
     doesn't have to  be addressed in exactly  the same way.                                                                    
     I  think that  a bill  going even  further afield  than                                                                    
     this one  does could  probably still meet  those tests,                                                                    
     this one sticks pretty close.  A lot of the differences                                                                    
     are  just   in  style;  for  example,   combining  some                                                                    
     language with  a current statute instead  of creating a                                                                    
     whole  new statute,  putting  the substantive  changes,                                                                    
     putting that  limitation on how  the foreign-influenced                                                                    
     corporation provision  would work  in order  to address                                                                    
     the preemption issue is something  that the court would                                                                    
     say,  "Well  this was,  you  know,  done to  address  a                                                                    
     constitutional issue  and not to frustrate  the purpose                                                                    
     of  the initiative  makers," and  that's another  thing                                                                    
     that they  look for, is  the bill  just some kind  of a                                                                    
     sneak attack on  the initiative and I  don't think that                                                                    
     a court would  say that this bill is a  sneak attack on                                                                    
     the  initiative,   it  addresses   the  same   kind  of                                                                    
     concerns, does it a little  bit differently, I think in                                                                    
     some extent  probably does it  a little bit  better and                                                                    
     so it is substantially the same.                                                                                           
                                                                                                                                
SENATOR WILSON commented that he  was not sure why the Department                                                               
of Law  and the Office of  the Lieutenant Governor did  not raise                                                               
more questions  after having Mr. Wayne's  review regarding issues                                                               
and problems. He said he  was concerned and questioned whether he                                                               
could provide his support due to the issues he noted.                                                                           
                                                                                                                                
CHAIR  MEYER asked  Assistant Attorney  General Libby  Bakalar to                                                               
address the committee's constitutional  questions regarding HB 44                                                               
and the initiative.                                                                                                             
                                                                                                                                
4:18:07 PM                                                                                                                    
LIBBY BAKALAR, Assistant Attorney  General, Civil Division, Labor                                                               
&  State  Affairs  Section, Alaska  Department  of  Law,  Juneau,                                                               
Alaska, commented on HB 44 as follows:                                                                                          
                                                                                                                                
     I  did   author  that   attorney  general   opinion  on                                                                    
     "17AKGA,"   the  process   to   determine  whether   an                                                                    
     initiative  is   certified  as   to  see   whether  the                                                                    
     initiative complies  with Article 11, Section  7 of the                                                                    
     Alaska Constitution.  That means there are  four things                                                                    
     we  are allowed  to look  at: whether  a bill  makes an                                                                    
     appropriation, whether the bill  makes local or special                                                                    
     legislation,  whether it  creates rules  of court,  and                                                                    
     there is  one other that  I can't  think of off  of the                                                                    
     top of my  head right now; but, there may  very well be                                                                    
     constitutional  infirmities  with  an  initiative  bill                                                                    
     down  the  line, the  supreme  court  says we  are  not                                                                    
     supposed  to   look  at  that   stuff  in   advance  of                                                                    
     certification.  The  only  things  we  are  allowed  to                                                                    
     consider   when  we   certify  or   don't  certify   an                                                                    
     initiative  is   whether  Article  11,  Section   7  is                                                                    
     violated. So, this initiative bill  did not violate any                                                                    
     of  that.  So,  that's  the  basis  of  the  lieutenant                                                                    
     governor's  certification of  the  ballot measure.  So,                                                                    
     it's not that these issues  have not been identified or                                                                    
     looked at,  it's just that  we are not  permitted under                                                                    
     case  law to  deny  certification of  a ballot  measure                                                                    
     that  does  not  present  a  "Section  7,  Article  11"                                                                    
     problem.                                                                                                                   
                                                                                                                                
4:19:21 PM                                                                                                                    
CHAIR MEYER asked if an initiative is legal until it is                                                                         
challenged.                                                                                                                     
                                                                                                                                
SENATOR COGHILL added that he was going to remind Ms. Bakalar                                                                   
that she was referring to the single-subject rule.                                                                              
                                                                                                                                
MS. BAKALAR replied as follows:                                                                                                 
                                                                                                                                
     That's the  fifth one, actually.  There's a  fourth one                                                                    
     that  I'm  not   thinking  of,  appropriations,  local-                                                                    
     special, rules  of court, one  more that I  can't think                                                                    
     of, and the  single-subject rule which is  the Croft v.                                                                    
     Parnell  case,  but  in  any  event,  it  is  extremely                                                                    
     limited.  There are  many initiative  bills that  raise                                                                    
     potential  due   process  concerns,   contract  issues,                                                                    
     takings  issues, equal  protection problems,  those are                                                                    
     not things that  we are permitted to look  at under the                                                                    
     case  law  when  we  certify   a  measure,  that's  not                                                                    
     appropriate for pre-election review.                                                                                       
                                                                                                                                
CHAIR MEYER said he appreciated Ms. Bakalar's explanation.                                                                      
                                                                                                                                
4:20:08 PM                                                                                                                    
SENATOR WILSON commented as follows:                                                                                            
                                                                                                                                
     I guess  that question  would be on  the single-subject                                                                    
     in an appropriation that Mr. Wayne has in his memo.                                                                        
                                                                                                                                
MS. BAKALAR replied as follows:                                                                                                 
                                                                                                                                
     The  single-subject issue  was  looked at  specifically                                                                    
     related  to Section  9  of that  bill.  I'm going  from                                                                    
     memory here,  Section 9 of  the bill was the  part that                                                                    
     dealt  with  campaign finance  that  was  a little  bit                                                                    
     divergent  from  the other  sections  of  the bill.  We                                                                    
     concluded that  given the broad  scope under  which the                                                                    
     supreme court reviewed single-subject,  that it met the                                                                    
     single-subject requirement. So, that's  the one area in                                                                    
     the case law  that is developed around what  we look at                                                                    
     pre-election and that's the Croft v. Parnell case.                                                                         
                                                                                                                                
SENATOR GIESSEL asked if the constitutionality would only be                                                                    
settled by "taking it to court."                                                                                                
                                                                                                                                
MS. BAKALAR answered as follows:                                                                                                
                                                                                                                                
     Yes, other parts  of the initiative's constitutionality                                                                    
     would have  to be litigated in  an as-applied challenge                                                                    
     or  perhaps  a facial  challenge  but  some form  of  a                                                                    
     challenge  that   actually  looked   at  constitutional                                                                    
     issues  in the  bill post-enactment.  Initiatives don't                                                                    
     get the same vetting  that legislation does because the                                                                    
     supreme court  has said that  prior to an  election all                                                                    
     we are allowed to look  at, all the lieutenant governor                                                                    
     or  a municipal  clerk,  for example,  is permitted  to                                                                    
     look at is these four or five areas.                                                                                       
                                                                                                                                
SENATOR GIESSEL asked her to  address how the "salmon initiative"                                                               
is being challenged in court prior to passage.                                                                                  
                                                                                                                                
MS. BAKALAR  specified that "17FSH2" was  denied certification by                                                               
the lieutenant governor as follows:                                                                                             
                                                                                                                                
     It   is  our   position   that   that  ballot   measure                                                                    
     unconstitutionally    violates    the    appropriations                                                                    
     restriction  in  Article 11,  Section  7;  so, it  does                                                                    
     violate   one  of   the  four   core  restrictions   of                                                                    
     enactments  by initiative.  The constitution  says that                                                                    
     an  initiative cannot  make an  appropriation, make  or                                                                    
     repeal  an appropriation,  we  think  "17FSH2" does  do                                                                    
     that.  We recommended  against certifying  the measure,                                                                    
     that was  litigated, a trial-court  judge ruled  in the                                                                    
     sponsor's favor and now the state appealed.                                                                                
                                                                                                                                
CHAIR MEYER  noted that Senator  Coghill may have a  question. He                                                               
asked  if he  wanted  to wait  until  the bill  is  heard in  the                                                               
Senator Judiciary Committee.                                                                                                    
                                                                                                                                
SENATOR COGHILL answered yes.                                                                                                   
                                                                                                                                
CHAIR  MEYER thanked  Ms. Bakalar  for her  testimony. He  stated                                                               
that he had learned a lot  in the committee meeting. He asked Mr.                                                               
Johnston  if  he  had  any  feedback  from  Representative  Grenn                                                               
regarding combining the initiative into HB 44                                                                                   
                                                                                                                                
4:23:12 PM                                                                                                                    
RYAN   JOHNSTON,  Staff,   Representative  Grenn,   Alaska  State                                                               
Legislature, Juneau, Alaska, replied as follows:                                                                                
                                                                                                                                
     Representative  Grenn has  been trying  to work  to get                                                                    
     into communication  with the  other members,  trying to                                                                    
     get a  consensus. Again,  he's been  very busy,  and he                                                                    
     apologizes for the  delay. In my capacity  to speak for                                                                    
       him, he thinks this is a good avenue to go forward                                                                       
      with since the chair brought the motion forward, but                                                                      
     he hasn't heard back from the initiative yet.                                                                              
                                                                                                                                
CHAIR MEYER  asked who the  other two sponsors of  the initiative                                                               
are.                                                                                                                            
                                                                                                                                
MR. JOHNSTON replied that he did not know.                                                                                      
                                                                                                                                
CHAIR MEYER  stated that  he thought the  other two  sponsors are                                                               
Bonnie Jack and Representative Kreiss-Tompkins.                                                                                 
                                                                                                                                
MR. JOHNSTON answered correct.                                                                                                  
                                                                                                                                
CHAIR  MEYER  summarized  that the  committee  had  taken  public                                                               
testimony. He inquired if HB 44 had fiscal notes.                                                                               
                                                                                                                                
4:24:49 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
4:26:15 PM                                                                                                                    
CHAIR MEYER called  the committee back to order  and commented as                                                               
follows:                                                                                                                        
                                                                                                                                
     The fiscal notes  will be forthcoming with  the new CS,                                                                    
     but it's similar  to the original HB 44  which had zero                                                                    
     fiscal  notes.   Since  we  have  modified   this  bill                                                                    
     somewhat, there  will also  have to  be a  title change                                                                    
     resolution.                                                                                                                
                                                                                                                                
4:26:42 PM                                                                                                                    
SENATOR GIESSEL moved  to report SCS CSSSHB  44(STA), version 30-                                                               
LS0208\N  from  committee  with  individual  recommendations  and                                                               
attached zero fiscal note.                                                                                                      
                                                                                                                                
She  also made  a motion  to adopt  the forthcoming  title change                                                               
resolution. [Title  change resolution SCR  19 was read  the first                                                               
time on  3/29/18 and held  on the  Secretarys  desk until  it was                                                               
taken up on final passage on 5/8/18.]                                                                                           
                                                                                                                                
CHAIR MEYER  announced that without  objection, SCS  CSHB 44(STA)                                                               
and  forthcoming title  change resolution  was reported  from the                                                               
Senate State Affairs Standing Committee.                                                                                        
                                                                                                                                
4:27:49 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
        SB 186-VOTER REGISTRATION & PFD APP REGISTRATION                                                                    
                                                                                                                                
4:30:01 PM                                                                                                                    
CHAIR MEYER called the committee  back to order and announced the                                                               
consideration of Senate  Bill 186 (SB 186). He noted  that at the                                                               
previous meeting the committee adopted  an amendment from Senator                                                               
Coghill which made the bill an  opt-in rather than an opt-out. He                                                               
said his office has come back with a committee substitute (CS).                                                                 
                                                                                                                                
4:30:37 PM                                                                                                                    
SENATOR GIESSEL  moved to adopt  the CS  for SB 186,  version 30-                                                               
GS2097\D as the working document.                                                                                               
                                                                                                                                
CHAIR MEYER objected for discussion purposes.                                                                                   
                                                                                                                                
4:31:02 PM                                                                                                                    
CHRITINE   MARASIGAN,   Staff,   Senator  Meyer,   Alaska   State                                                               
Legislature,   Juneau,   Alaska,   explained   that   version   D                                                               
incorporates the  amendment that  Senator Coghill offered  in the                                                               
previous  meeting into  the  bill.  She noted  that  at the  same                                                               
meeting there  had been a  second amendment that was  a technical                                                               
amendment to  the bill, but  the amendment needed to  be reworked                                                               
considering the changes that Senator  Coghill's amendment made to                                                               
the original bill.  She said the CS makes the  voting option opt-                                                               
in versus an opt-out.                                                                                                           
                                                                                                                                
CHAIR MEYER asked if there was  an amendment from the Division of                                                               
Elections that was included or is forth coming.                                                                                 
                                                                                                                                
MR. MARASIGAN replied that there was a revised amendment.                                                                       
                                                                                                                                
CHAIR MEYER  removed his objection  to the CS and  announced that                                                               
the CS, version D, was adopted.                                                                                                 
                                                                                                                                
4:32:34 PM                                                                                                                    
JOSE BAHNKE,  Director, Alaska Division  of Elections,  Office of                                                               
the   Lieutenant   Governor,   Juneau,  Alaska,   announced   her                                                               
availability to address the division's amendment for SB 186.                                                                    
                                                                                                                                
4:32:49 PM                                                                                                                    
SENATOR GIESSEL moved Amendment 1 dated March 26, 2018.                                                                         
                                                                                                                                
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
          TO: CSSB 186(STA)                                                                                                     
                                                                                                                                
     Page 2, line 16, following "treat":                                                                                        
          Delete "an eligible"                                                                                              
          Insert "a"                                                                                                        
                                                                                                                                
     Page 2, line 26:                                                                                                           
         Delete "registration of the applicant's                                                                            
         registration status"                                                                                               
         Insert "voter registration"                                                                                        
                                                                                                                                
    Page 3, line 23, following "(9)":                                                                                           
          Insert "under the procedures established by the                                                                   
          director of the division of elections under AS                                                                    
          15.07.070(k)"                                                                                                     
                                                                                                                                
4:33:02 PM                                                                                                                    
SENATOR COGHILL objected to review the amendment.                                                                               
                                                                                                                                
4:33:07 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
4:33:35 PM                                                                                                                    
CHAIR MEYER called the committee back to order.                                                                                 
                                                                                                                                
MS.  BAHNKE specified  that the  amendment makes  three technical                                                               
changes. She  noted that the  first change  made on page  2, line                                                               
16, "an eligible"  to "a" was done because the  division does not                                                               
know if  a person  is eligible  at the time,  they apply  for the                                                               
permanent fund dividend (PFD).                                                                                                  
                                                                                                                                
She explained  that the second  technical change on page  2, line                                                               
26, was  made because of  Senator Coghill's amendment  to provide                                                               
conformity by  adding reference  to the  PFD statute  and clarity                                                               
relating to voter registration.                                                                                                 
                                                                                                                                
She said  the third technical change  on page 3, line  23, allows                                                               
the division director to adopt regulations.                                                                                     
                                                                                                                                
CHAIR  MEYER asked  if committee  members had  questions for  Ms.                                                               
Bahnke regarding Amendment 1.                                                                                                   
                                                                                                                                
SENATOR COGHILL stated that he had no objection.                                                                                
                                                                                                                                
SENATOR  MEYER  asked  if  the  CS  will  reduce  the  division's                                                               
workload related to sending out cards.                                                                                          
                                                                                                                                
4:36:15 PM                                                                                                                    
MS. BAHNKE explained that the  intent for the bill was threefold:                                                               
make  necessary legal  changes to  enhance efficiency,  harmonize                                                               
the  interaction  between the  division  and  the Permanent  Fund                                                               
Division, and reduce expenditures  by avoiding the opt-out mailer                                                               
from  the  PFD  registration  process. She  summarized  that  the                                                               
amendment  will   make  the   harmonizing  changes   and  enhance                                                               
efficiency, but  mailing will  still be required  as part  of the                                                               
division's work.                                                                                                                
                                                                                                                                
SENATOR  GIESSEL  addressed  the  third paragraph  of  the  third                                                               
fiscal note and  pointed out the sentence,  "Reoccurring costs of                                                               
$360,000  will be  needed to  hire temporary  workers to  process                                                               
notices."  She asked  if the  division is  willing to  absorb the                                                               
cost.                                                                                                                           
                                                                                                                                
MS. BAHNKE answered correct.                                                                                                    
                                                                                                                                
CHAIR MEYER removed his objection  and announced that Amendment 1                                                               
is adopted.                                                                                                                     
                                                                                                                                
4:38:19 PM                                                                                                                    
SENATOR  GIESSEL  moved  to report  CSSB  186(STA),  version  30-                                                               
GS2097\D    as   amended    from   committee    with   individual                                                               
recommendations and pending zero fiscal notes.                                                                                  
                                                                                                                                
4:38:33 PM                                                                                                                    
CHAIR MEYER announced  that there being no  objection, the motion                                                               
carried.                                                                                                                        
                                                                                                                                
4:38:47 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
             HB 138-MARCH: SOBRIETY AWARENESS MONTH                                                                         
                                                                                                                                
4:39:56 PM                                                                                                                    
CHAIR MEYER called the committee back to order and announced the                                                                
consideration of House Bill 138 (HB 138).                                                                                       
                                                                                                                                
4:40:41 PM                                                                                                                    
REPRESENTATIVE IVY SPOHNHOLZ, Alaska State Legislature, Juneau,                                                                 
Alaska, sponsor of HB 138, provided an overview of the bill as                                                                  
follows:                                                                                                                        
                                                                                                                                
     HB  138   permanently  designates  March   as  Sobriety                                                                    
     Awareness  Month. Sobriety  Awareness Month  recognizes                                                                    
     and  celebrates Alaskans  who choose  to  live a  sober                                                                    
     lifestyle and  provides an opportunity for  Alaskans to                                                                    
     promote  sobriety through  activities and  celebrations                                                                    
     throughout the state.                                                                                                      
                                                                                                                                
     This bill is  not a new idea and the  concept behind it                                                                    
     is  not a  new idea.  In  the 1980s  and 1990s,  native                                                                    
     Alaskan and  rural communities recognized  the negative                                                                    
     impact that alcohol and drug  abuse had in their lives,                                                                    
     so   they  sought   to  help   solve  the   problem  by                                                                    
     highlighting models  of sobriety in  their communities.                                                                    
     This movement  escalated in 1992 when  the first "Idita                                                                    
     Pledge"  event  was  undertaken by  Akiak  musher  Mike                                                                    
     Williams  who   was  a  musher  participating   in  the                                                                    
     Iditarod  and he  carried  signatures  of Alaskans  who                                                                    
     pledged to  live a sober  lifestyle with him  along the                                                                    
     Iditarod.  In 1995  the Legislature  adopted this  idea                                                                    
     for  the  first  time   declaring  its  first  sobriety                                                                    
     awareness  month,  but  really the  whole  concept  was                                                                    
     built  in the  Alaskan  native community  and has  been                                                                    
     carried by  the Alaska Federation of  Natives (AFN) for                                                                    
     many  years.  In  1996  there was  a  big  push  around                                                                    
     Sobriety  Awareness Month  and  the Alaska  Legislature                                                                    
     amended  the Uniform  Alcoholism and  Treatment Act  to                                                                    
     reaffirm   the  state's   commitment  to   sobriety  by                                                                    
     recognizing  that  it's  the policy  of  the  state  to                                                                    
     recognize, appreciate and reinforce  the example set by                                                                    
     its citizens  who lead  in, believe  in, and  support a                                                                    
     life  of sobriety.  Sobriety Awareness  Month continued                                                                    
     to  live  on as  sort  of  an  annual activity  of  the                                                                    
     Legislature  until 2006;  however,  sobriety remains  a                                                                    
     really important  topic in the state  as alcoholism and                                                                    
     drug addiction continue to plague us in many ways.                                                                         
                                                                                                                                
     Last year  the McDowell Group reported  through a study                                                                    
     that found that the economic  cost to the state in 2015                                                                    
     for  alcohol  and  drug abuse  was  about  $3  billion,                                                                    
     that's pretty significant  and we of course  have had a                                                                    
     lot of  conversations recently in  light of  your crime                                                                    
     problem  and the  opioid epidemic  about the  challenge                                                                    
     with addiction that  we continue to suffer  from in the                                                                    
     State of  Alaska. I would  argue that even in  spite of                                                                    
     the  scope  and  the  growth of  the  opioid  epidemic,                                                                    
     alcohol is still the number-one  drug of choice of most                                                                    
     Alaskans and remains probably our number-one problem.                                                                      
                                                                                                                                
     Many  of you  may know  that I  made a  personal choice                                                                    
     about 15-and-a-half years ago  to become sober and have                                                                    
     raised my family  with a sober mom and  really proud of                                                                    
     that. I  think that as  a public person  it's important                                                                    
     to use  my position  to help  educate people  about the                                                                    
     doors  that  sobriety can  open  to  one if  you  allow                                                                    
     yourself to  walk through  and that in  fact it  can be                                                                    
     far from a burden but  in fact can be quite liberating.                                                                    
     So, I'm pleased  to be able to present  this concept to                                                                    
     you.                                                                                                                       
                                                                                                                                
4:44:10 PM                                                                                                                    
SENATOR  COGHILL commented  that his  mind goes  to the  times of                                                               
year where  alcohol consumption seems  to "rev up."  For example,                                                               
the holiday  seasons like the  Fourth of July, Christmas  and New                                                               
Year's.  He asked  if she  did a  study on  the placement  of the                                                               
Sobriety Awareness Month to get more public attention.                                                                          
                                                                                                                                
REPRESENTATIVE  SPOHNHOLZ   answered  that  choosing   March  was                                                               
founded   on  tradition.   She  explained   that  the   tradition                                                               
originally  came from  the "Idita  Pledge." She  opined that  the                                                               
sobriety message  might be missed  during the holidays  when many                                                               
activities  occur.  She  said  the decision  was  to  stick  with                                                               
tradition and  pick March for  the Sobriety Awareness  Month. She                                                               
disclosed  that  she  inherited  the bill  from  a  former  House                                                               
representative and decided to take the concept and run with it.                                                                 
                                                                                                                                
4:45:51 PM                                                                                                                    
TASHA  ELIZARDE, Staff,  Representative  Spohnholz, Alaska  State                                                               
Legislature, Juneau,  Alaska, explained  that HB  138 establishes                                                               
March as "Sobriety Awareness Month" in the state.                                                                               
                                                                                                                                
She said  Section 1 clarifies in  codified law that the  State of                                                               
Alaska  recognizes  the  importance  of sobriety  in  the  state.                                                               
Section 2  adds a section  to AS 44.12.150, designating  March as                                                               
Sobriety Awareness  Month that allows schools,  community groups,                                                               
public   and   private   agencies,   other   organizations,   and                                                               
individuals  who  are  invested  in  the  cause  of  sobriety  to                                                               
celebrate with activities.                                                                                                      
                                                                                                                                
CHAIR MEYER commented  that there seems to be a  lot of bills for                                                               
awareness months and  days. He agreed that  establishing March as                                                               
Sobriety   Awareness   Month   is   important   and   appreciated                                                               
Representative Spohnholz for bringing the legislation forward.                                                                  
                                                                                                                                
SENATOR GIESSEL stated  that she appreciated March  as the chosen                                                               
month because March  is the month of the Iditarod  where the race                                                               
goes through  many rural villages.  She said sobriety is  a topic                                                               
that  could  be  spotlighted  by the  Iditarod's  platform  where                                                               
everyone, even outside the state follows.                                                                                       
                                                                                                                                
CHAIR MEYER noted  that the intent is to make  the designation in                                                               
statute rather than  a resolution that is brought  up annually to                                                               
serve as  a reminder versus  passing a bill and  forgetting about                                                               
it. He  pointed out that  Representative Spohnholz has  chosen to                                                               
dedicate her life to encourage people who need to be sober.                                                                     
                                                                                                                                
4:48:31 PM                                                                                                                    
REPRESENTATIVE SPOHNHOLZ  explained that  she inherited  the bill                                                               
and concurred  that the  intent is  to designate  the legislation                                                               
into law, a philosophy that she  agreed with. She opined that the                                                               
sobriety message  from advocates and community  members should be                                                               
focused  on  Alaskans  rather  than  educating  legislators.  She                                                               
asserted that Alaskans need to  hear the message that sobriety is                                                               
a positive and  powerful choice that can lead to  a vibrant life.                                                               
She emphasized  that the sobriety  choice does not move  a person                                                               
away   from  fun,   self-realization  and   great  relationships;                                                               
however, sobriety  moves an individual towards  those things. She                                                               
asserted   that  the   bill  will   provide  advocates   with  an                                                               
opportunity to move  away from legislators and  focus on building                                                               
a community of support around  the sobriety topic, something that                                                               
she believes is a good use of their precious time as a resource.                                                                
                                                                                                                                
4:49:53 PM                                                                                                                    
CHAIR MEYER opened public testimony.                                                                                            
                                                                                                                                
4:50:18 PM                                                                                                                    
KIM  ZELLO,  Advocate,  Fallen  Up  Ministries,  Palmer,  Alaska,                                                               
testified  in support  of HB  138. She  explained that  Fallen Up                                                               
Ministries  is a  nonprofit  that advocates  for  those who  have                                                               
addictions, seek sobriety and need peer support or transitional-                                                                
living services.  She set forth that  HB 138 will give  notice to                                                               
the  state and  nation  that Alaska  recognizes important  issues                                                               
that have affected residents like addiction and sobriety.                                                                       
                                                                                                                                
4:52:10 PM                                                                                                                    
JULIE  KITKA,  President,  Alaska Federation  of  Natives  (AFN),                                                               
Anchorage, Alaska, testified in support  of HB 138. She disclosed                                                               
that  AFN historically  has been  very involved  in the  sobriety                                                               
movement.  She  said  making  a  permanent  month  dedication  to                                                               
sobriety  would be  very constructive.  She explained  that AFN's                                                               
work  in supporting  the  sobriety movement  over  the years  has                                                               
shown to  change the stigma  of people, attitudes and  lives. She                                                               
emphasized  that   the  legislation   is  not  the   end-all  for                                                               
everything but will be positive and will make a difference.                                                                     
                                                                                                                                
CHAIR MEYER thanked AFN for their resolution.                                                                                   
                                                                                                                                
MS.  KITKA  explained  that  the  resolution  was  from  the  AFN                                                               
convention.                                                                                                                     
                                                                                                                                
4:55:16 PM                                                                                                                    
TIFFANY  HALL,  Executive  Director, Recover  Alaska,  Anchorage,                                                               
Alaska,  testified  in support  of  HB  138. She  disclosed  that                                                               
Recover Alaska is  a multi-sector action group  working to reduce                                                               
excessive alcohol  use and harm  throughout Alaska.  She asserted                                                               
that Recover  Alaska's vision is  for Alaskans to live  free from                                                               
the consequences of alcohol misuse  and to empower individuals to                                                               
achieve their full potential.                                                                                                   
                                                                                                                                
She stated  that Recover  Alaska wants  to correct  the falsehood                                                               
that addiction  is a moral  failing and emphasize  that addiction                                                               
is a  chronic disease. She  remarked that Alaska has  a pervasive                                                               
drinking culture and noted statistics  connected to alcohol where                                                               
the state  is at  the top  in terms  of sexual  assault, domestic                                                               
violence,  child abuse,  and suicide.  She pointed  out that  the                                                               
state's alcohol mortality rate is over  twice as high as the rest                                                               
of  the  nation  and  six-times higher  with  the  Alaska  native                                                               
population.                                                                                                                     
                                                                                                                                
She  thanked AFN's  sobriety movement  for  initiating March  for                                                               
sobriety  as well  as their  year-round involvement  in promoting                                                               
healthy, sober  lifestyles. She thanked  Representative Spohnholz                                                               
for taking  up HB 138  and for serving  as a strong  and positive                                                               
role model of what a full, healthy, sober life can look like.                                                                   
                                                                                                                                
5:00:12 PM                                                                                                                    
CHAIR MEYER closed public testimony.                                                                                            
                                                                                                                                
5:00:47 PM                                                                                                                    
SENATOR GIESSEL moved to report HB 138, version 30-LS0488\D from                                                                
committee with individual recommendations and attached zero                                                                     
fiscal note.                                                                                                                    
                                                                                                                                
5:01:01 PM                                                                                                                    
CHAIR MEYER announced that there being no objection, the motion                                                                 
carried.                                                                                                                        
5:01:13 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
           SB 210-SEAFOOD MISREPRESENTATION ON MENUS                                                                        
                                                                                                                                
5:02:35 PM                                                                                                                    
CHAIR MEYER called the committee back to order and announced the                                                                
consideration of Senate Bill 210 (SB 210).                                                                                      
                                                                                                                                
5:03:09 PM                                                                                                                    
SENATOR BILL WIELECHOWSKI, Alaska State Legislature, Juneau,                                                                    
Alaska, sponsor of SB 210, provided an overview as follows:                                                                     
                                                                                                                                
     This bill  adds a  civil penalty  for misrepresentation                                                                    
     of seafood  at a  retail food establishment.  There has                                                                    
     been quite a  bit of research across  the country about                                                                    
     seafood mislabeling.                                                                                                       
                                                                                                                                
     In  2105, Oceana,  which is  a nonprofit  organization,                                                                    
     collected  82  salmon   samples  from  restaurants  and                                                                    
     grocery stores  and DNA sampling found  that 43 percent                                                                    
     was mislabeled, and diners were  5 times more likely to                                                                    
     be mislead in restaurants than grocer stores.                                                                              
                                                                                                                                
     In 2013  another Oceana study  of 1,200  samples across                                                                    
     the  U.S.  found that  52  percent  of the  samples  in                                                                    
     certain parts  of the country  were mislabeled,  of 120                                                                    
     samples of fish claimed to  be red snapper, only 7 were                                                                    
     red snapper.                                                                                                               
                                                                                                                                
     In   2011  the   Boston  Globe   tested  fish   at  123                                                                    
     Massachusetts    restaurants,    nearly    half    were                                                                    
     mislabeled.                                                                                                                
                                                                                                                                
     In  2016 Oceana  tested 25,000  seafood samples  across                                                                    
     the world  and found  the 1 in  5 were  mislabeled, and                                                                    
     that  58  percent  of the  substitute  species  carried                                                                    
     health risks, often parasites and toxins.                                                                                  
                                                                                                                                
     The   University  of   California-Los  Angeles   (UCLA)                                                                    
     conducted a  study of 26 Los  Angeles sushi restaurants                                                                    
     from  2012 to  2015 and  found that  47 percent  of the                                                                    
     sushi was mislabeled.                                                                                                      
                                                                                                                                
     We don't have Alaska-specific data,  but I can relate a                                                                    
     personal  experience  of  being  wrongly  served  at  a                                                                    
     restaurant mislabeled  seafood and they  knowingly told                                                                    
     me it was something wrong.                                                                                                 
                                                                                                                                
     We have a  letter of support from  the United Fishermen                                                                    
     of Alaska.  This bill is aimed  at protecting consumers                                                                    
     and  the state's  seafood  industry,  an industry  that                                                                    
     employs  tens  of  thousands  of   people  and  has  an                                                                    
     economic output of around $5 billion.                                                                                      
                                                                                                                                
5:05:31 PM                                                                                                                    
CHAIR MEYER  opined that the  most common  mislabeling occurrence                                                               
happens in  restaurants both in  Alaska and outside of  the state                                                               
where  they say,  "this is  Alaska  wild salmon,"  and you  don't                                                               
agree, the  same goes for  king crab, etcetera. He  remarked that                                                               
mislabeling can have a serious  detrimental effect on the state's                                                               
economy and the fishing industry.                                                                                               
                                                                                                                                
SENATOR  WILSON   asked  Senator  Wielechowski  to   address  the                                                               
enforcement  piece in  the  bill. He  asked if  the  bill is  for                                                               
people to file  a complaint before fines are enacted  or will the                                                               
Alaska Department  of Environmental Conservation (DEC)  go around                                                               
doing random testing.                                                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI  replied that he  does not believe  DEC will                                                               
be  enforcing  outside  of  what they  normally  do  because  the                                                               
department  does not  have the  resources to  sample; however,  a                                                               
provision  was included  in  the bill  that  allows employees  of                                                               
retail establishments to  report anonymously without retaliation.                                                               
He  opined that  employees are  in  the best  position to  report                                                               
mislabeling and then DEC can decide whether to act.                                                                             
                                                                                                                                
CHAIR MEYER  noted that a  representative from DEC  was available                                                               
to answer committee members' questions.                                                                                         
                                                                                                                                
5:07:28 PM                                                                                                                    
NATE   GRAHAM,   Staff,   Senator  Wielechowski,   Alaska   State                                                               
Legislature,  Juneau, Alaska,  provided  the following  sectional                                                               
analysis of SB 210:                                                                                                             
                                                                                                                                
     Section 1(a):                                                                                                          
     States  that  a  retail  food  establishment,  which  a                                                                    
     restaurant or  sushi bar, may  not misrepresent  a menu                                                                    
     item or  the identity or  the origin of the  seafood or                                                                    
     seafood ingredient.                                                                                                        
                                                                                                                                
     Section 1(b) and 1(c):                                                                                                 
     Allow  an employee  to report  a violation  as well  as                                                                    
     protects the employee from retaliation.                                                                                    
                                                                                                                                
     Section 1(d):                                                                                                          
     Provides an  exception if  a retail  food establishment                                                                    
     informs   a  consumer   that   they  are   substituting                                                                    
     something  on  the menu  that  they  are not  violating                                                                    
     this. It  also allows if  a customer does  complain and                                                                    
     there's  been a  misrepresentation that  the restaurant                                                                    
     or  industry could  provide the  customer  with a  full                                                                    
     refund and that would prevent  DEC from needing to take                                                                    
     action on this.                                                                                                            
                                                                                                                                
     Section 1(e):                                                                                                          
     Establishes a  fine of  up to $500  for each  fine, but                                                                    
     not to exceed $50,000 in total fines.                                                                                      
                                                                                                                                
     Section 1(f):                                                                                                          
     Defines "menu" and "seafood."                                                                                              
                                                                                                                                
     Sections 2 and 3:                                                                                                      
     Section 2  takes two  definitions that  were previously                                                                    
     under AS 17.20.049 (b)(3) and  (b)(4) and moves them to                                                                    
     AS  17.20.075;  it  says  in the  bill  that  they  are                                                                    
     repealed but they are just being moved.                                                                                    
                                                                                                                                
CHAIR MEYER addressed employer retaliation  in Section 1(c) where                                                               
an  employer  cannot  directly  or  indirectly  dismiss,  layoff,                                                               
suspend, etcetera.  He asked  what would  happen if  someone laid                                                               
off or fired an employee.                                                                                                       
                                                                                                                                
5:10:07 PM                                                                                                                    
SENATOR WIELECHOWSKI  replied that an employee  potentially could                                                               
have other  claims, but they  would be completely  independent of                                                               
the  statutes.  He said  all  that  would statutorily  exist  for                                                               
dismissing an employee would be the $500 fine.                                                                                  
                                                                                                                                
SENATOR COGHILL asked  him to address "verbal  warning," noted on                                                               
top  of  page  2.  He  noted  that he  has  read  menus  where  a                                                               
restaurant puts  on the menu,  "May be substituted by."  He asked                                                               
if the bill allows for the substitution admission on menus.                                                                     
                                                                                                                                
SENATOR WIELECHOWSKI explained that  "verbally warns customer" is                                                               
noted in the  bill so the substitutions noted on  a menu would be                                                               
prohibited.  He said  he was  open to  discussion to  change what                                                               
Senator Coghill addressed.                                                                                                      
                                                                                                                                
SENATOR COGHILL  replied that  he was  just wondering  because he                                                               
has seen  the substitution admission  and avoids the  noted items                                                               
in restaurants                                                                                                                  
                                                                                                                                
SENATOR   WIELECHOWSKI  reiterated   that  the   bill  does   say                                                               
"verbally."                                                                                                                     
                                                                                                                                
SENATOR COGHILL responded that he would watch that provision.                                                                   
                                                                                                                                
5:12:01 PM                                                                                                                    
SENATOR  GIESSEL addressed  Senator  Coghill's  point and  opined                                                               
that misrepresentation  might be taken  care of in  Section 1(a),                                                               
"A retail food  establishment may not misrepresent on  a menu the                                                               
identity  or origin  of  a  seafood or  seafood  ingredient in  a                                                               
prepared food product."                                                                                                         
                                                                                                                                
SENATOR COGHILL  clarified that  he intended  to say  would there                                                               
still be  a requirement for  a verbal  warning. He noted  that he                                                               
would address  Section 1(e) regarding  violations and  fines with                                                               
Senator Wielechowski in the Senate Judiciary Committee.                                                                         
                                                                                                                                
SENATOR WIELECHOWSKI  replied that there is  another section that                                                               
deals with  misleading labeling or  advertisement that  is within                                                               
the section that Senator Coghill referenced.                                                                                    
                                                                                                                                
5:13:52 PM                                                                                                                    
CHAIR MEYER opened and closed public testimony.                                                                                 
                                                                                                                                
5:14:07 PM                                                                                                                    
SENATOR GIESSEL moved to report  SB 210, version 30-LS1413\D from                                                               
committee  with  individual  recommendations  and  attached  zero                                                               
fiscal note.                                                                                                                    
                                                                                                                                
5:14:37 PM                                                                                                                    
CHAIR MEYER announced  that there being no  objection, the motion                                                               
carried.                                                                                                                        
                                                                                                                                
5:15:00 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Meyer adjourned the Senate State Affairs Standing                                                                         
Committee at 5:15 p.m.                                                                                                          

Document Name Date/Time Subjects
APOC Alaska Public Office Commission HELZER.pdf SSTA 3/27/2018 3:30:00 PM
Confirmation Hearing
Police Standards Council DOLL.pdf SSTA 3/27/2018 3:30:00 PM
Confirmation Hearing
Police Standards Council KNAPP.pdf SSTA 3/27/2018 3:30:00 PM
Confirmation Hearing
Police Standards Council NICHOLSON.pdf SSTA 3/27/2018 3:30:00 PM
Confirmation Hearing
Police Standards Council CRAIG.pdf SSTA 3/27/2018 3:30:00 PM
Confirmation Hearing
HB 138 Version D.PDF SSTA 3/27/2018 3:30:00 PM
HB 138
HB 138 Sponsor Statement.pdf SSTA 3/27/2018 3:30:00 PM
HB 138
HB 138 Sectional Analysis .pdf SSTA 3/27/2018 3:30:00 PM
HB 138
HB 138 Legislative Research History of Sobriety Awareness Month in Alaska.pdf SSTA 3/27/2018 3:30:00 PM
HB 138
HB 138 Letter of Support Set Free Alaska (1).pdf SSTA 3/27/2018 3:30:00 PM
HB 138
HB 138 Support Resolutions and Letters.pdf SSTA 3/27/2018 3:30:00 PM
HB 138
HB 138 Fiscal Note.pdf SSTA 3/27/2018 3:30:00 PM
HB 138
SB 210 Sponsor Statement.pdf SSTA 3/27/2018 3:30:00 PM
SB 210
SB 210 Version D.PDF SSTA 3/27/2018 3:30:00 PM
SB 210
SB 210 Sectional Analysis.pdf SSTA 3/27/2018 3:30:00 PM
SB 210
SB 210 Supporting Doc 1 Oceana Study 2015 Press Release Mislabeling Salmon.pdf SSTA 3/27/2018 3:30:00 PM
SB 210
SB 210 Supporting Doc 2 Oceana Study 2015 Fact Sheet Mislabeling Salmon.pdf SSTA 3/27/2018 3:30:00 PM
SB 210
SB 210 Supporting Doc 3 Oceana Study 2015 Full Report Mislabeling Salmon.pdf SSTA 3/27/2018 3:30:00 PM
SB 210
SB 210 Supporting Doc 4 Mislabeled Fish a National Problem - Boston Globe (2013).pdf SSTA 3/27/2018 3:30:00 PM
SB 210
SB 210 Supporting Doc 5 Bait and switch - UCLA Study (2017).pdf SSTA 3/27/2018 3:30:00 PM
SB 210
SB 210 Supporting Doc 6 Seafood Fraud is Literally Everywhere - Eater (2016).pdf SSTA 3/27/2018 3:30:00 PM
SB 210
SB 210 Supporting Doc 7 Mislabeled Foods Find Their Way to Dinner Tables - NYT (2012).pdf SSTA 3/27/2018 3:30:00 PM
SB 210
SB 210 Supporting Doc 8 Letter of Support - United Fishermen of Alaska (March 2018).pdf SSTA 3/27/2018 3:30:00 PM
SB 210
SB 210 Fiscal Note.pdf SSTA 3/27/2018 3:30:00 PM
SB 210
CSSB 186 Version D.pdf SSTA 3/27/2018 3:30:00 PM
SB 186
CSHB 44 Version N.pdf SSTA 3/27/2018 3:30:00 PM
HB 44
CSHB 44 Legal Memo 3.21.18.pdf SSTA 3/27/2018 3:30:00 PM
HB 44
CSSB 186 Amendment DOE 3.27.2018.pdf SSTA 3/27/2018 3:30:00 PM
SB 186
HB 138 Support American College of Emergency Physicians.pdf SSTA 3/27/2018 3:30:00 PM
HB 138
HB 138 Support email.pdf SSTA 3/27/2018 3:30:00 PM
HB 138
HB 138 Support John Green.pdf SSTA 3/27/2018 3:30:00 PM
HB 138
HB 138 Support Letter Chugach Alaska Corporation.pdf SSTA 3/27/2018 3:30:00 PM
HB 138
HB 138 Support Letter Eklutna Fallen Up.pdf SSTA 3/27/2018 3:30:00 PM
HB 138
HB 138 Support Email Kelly Marre.pdf SSTA 3/27/2018 3:30:00 PM
HB 138
HB 138 Sobriety Awareness Month Presentation.pdf SSTA 3/27/2018 3:30:00 PM
HB 138
HB 138 Alcohol and Drug Abuse Research in AK Summary.pdf SSTA 3/27/2018 3:30:00 PM
HB 138