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