Legislature(2015 - 2016)BUTROVICH 205
03/29/2016 09:00 AM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SJR12 | |
| HB128 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SJR 12 | TELECONFERENCED | |
| + | HB 128 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
March 29, 2016
9:00 a.m.
MEMBERS PRESENT
Senator Bill Stoltze, Chair
Senator John Coghill, Vice Chair
Senator Charlie Huggins
Senator Lesil McGuire
Senator Bill Wielechowski
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE JOINT RESOLUTION NO. 12
Proposing amendments to the Constitution of the State of Alaska
relating to the office of attorney general.
- MOVED SJR 12 OUT OF COMMITTEE
HOUSE BILL NO. 128
"An Act establishing August 10 of each year as Alaska Wild
Salmon Day."
- MOVED SCS HB 128(STA) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SJR 12
SHORT TITLE: CONST. AM: ELECTED ATTORNEY GENERAL
SPONSOR(s): SENATOR(s) STOLTZE
02/06/15 (S) READ THE FIRST TIME - REFERRALS
02/06/15 (S) STA, JUD, FIN
03/03/15 (S) STA AT 9:00 AM BUTROVICH 205
03/03/15 (S) Heard & Held
03/03/15 (S) MINUTE(STA)
03/29/16 (S) STA AT 9:00 AM BUTROVICH 205
BILL: HB 128
SHORT TITLE: ALASKA WILD SALMON DAY
SPONSOR(s): REPRESENTATIVE(s) EDGMON
02/27/15 (H) READ THE FIRST TIME - REFERRALS
02/27/15 (H) FSH, RES
03/12/15 (H) FSH RPT 4DP
03/12/15 (H) DP: HERRON, FOSTER, MILLETT, STUTES
03/12/15 (H) FSH AT 10:00 AM CAPITOL 120
03/12/15 (H) Moved HB 128 Out of Committee
03/12/15 (H) MINUTE(FSH)
03/25/15 (H) RES AT 1:00 PM BARNES 124
03/25/15 (H) Moved HB 128 Out of Committee
03/25/15 (H) MINUTE(RES)
03/27/15 (H) RES RPT 8DP
03/27/15 (H) DP: OLSON, TARR, SEATON, JOHNSON,
JOSEPHSON, HERRON, TALERICO, NAGEAK
03/31/15 (H) TRANSMITTED TO (S)
03/31/15 (H) VERSION: HB 128
04/01/15 (S) READ THE FIRST TIME - REFERRALS
04/01/15 (S) STA
03/29/16 (S) STA AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
STUART THOMPSON, representing himself
Wasilla, Alaska
POSITION STATEMENT: Testified in opposition of SJR 12.
LAURA BONNER, representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition of SJR 12.
KRISTINA ANDREW, Staff
Representative Bryce Edgmon
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided an overview of HB 128.
ACTION NARRATIVE
9:00:37 AM
CHAIR BILL STOLTZE called the Senate State Affairs Standing
Committee meeting to order at 9:00 a.m. Present at the call to
order were Senators Coghill, Huggins, and Chair Stoltze.
SJR 12-CONST. AM: ELECTED ATTORNEY GENERAL
9:01:36 AM
CHAIR STOLTZE announced the consideration of SJR 12. He noted
that the resolution was heard during the previous session and
public testimony was left open.
SENATOR COGHILL remarked that electing an attorney general was
something that the people of Alaska could and should decide. He
said he was in agreement with the forward motion on electing an
attorney general and noted that the legislation had been
proposed in the past by Republicans and Democrats alike. He
declared that the state has a very strong gubernatorial office,
but remarked that quite often a tension exists between an
advocate for the people of Alaska and an advocate for the
governor. He said his understanding was that under the Alaska
Constitution, the attorney general would be both an advocate for
the people of Alaska as well as the governor. He remarked that
tensions had clearly occurred in the past between the general
population and what the governor wanted. He opined that electing
an attorney general was one good way of a check and balance, a
concept that the government was built upon. He summarized that
he supported SJR 12 and noted that the 21st Legislature
initially proposed voting for an attorney general.
9:03:27 AM
CHAIR STOLTZE shared a quote from November 7, 1955 by Senator
William Egan of Valdez, territorial senator and chairman of the
Constitutional Convention as follows:
I am in favor of a strong executive branch of
government in order that the people might be able to
place the finger of responsibility without buck-
passing. There should be a minimum of other elected
officials. One office I feel should most certainly
remain elective is that of state attorney general. It
would seem to me that this would provide a safeguard
against a strong chief executive usurping the powers
of his office.
He noted that the attorney general was elected during
territorial days.
He remarked that Governor Egan was certainly a visionary given
that he was the state's first governor. He remarked that
Governor Egan certainly believed in a strong executive branch
and opined that a strong executive branch has largely served
Alaska well. He said as one of the state's founders, Governor
Egan predicted many of the things that did happen, but added
that he did not know if Governor Egan's position changed when he
was appointed attorney general.
SENATOR COGHILL asserted that one of the things that people felt
very strongly about was being able to have their voice. He
remarked that voting for an attorney general may place the
position into a political area, but electing an attorney general
was more about the people of Alaska getting their voice. He said
his experience throughout the years has been that the office of
the attorney general has been highly political based on what
governors want. He said SJR 12 may be a better approach to find
out what the people of Alaska want.
9:05:21 AM
SENATOR WIELECHOWSKI joined the committee meeting.
CHAIR STOLTZE announced that the committee would hear public
testimony.
9:06:36 AM
STUART THOMPSON, representing himself, Wasilla, Alaska,
testified in opposition of SJR 12. He said there was no need to
reinvent the wheel and suggested that the materials reviewed by
the framers during the Constitutional Convention be looked at
first. He summarized that having the people vote was a very
standard idea, but noted that he was concerned as to what
happens if the attorney general position was made an elected
office and its effect on people trying to get elected.
9:08:29 AM
SENATOR MCGUIRE joined the committee meeting.
9:10:34 AM
At ease.
9:10:58 AM
CHAIR STOLTZE called the committee back to order.
9:11:31 AM
LAURA BONNER, representing herself, Anchorage, Alaska, stated
that she opposed SJR 12 for the following reasons: removal would
require a recall, current confirmation process provided a more
thorough vetting process, politicizing the attorney general
position may result in legal positions being swayed by public
pressure, and a possible issue due to campaign contributions.
She noted that running for office costs a lot of money. She set
forth that she preferred the arms-length distance from the
political process for the selection of the attorney general.
9:13:57 AM
SENATOR MCGUIRE noted that she has heard previous testimony that
the idea of electing an attorney general would be more
political. She noted that a governor was politically elected and
asked how the act of a governor selecting the attorney general
was not political.
9:15:00 AM
MS. BONNER concurred that the governor selecting the attorney
general was political. She specified that the Legislature has
its own legal counsel and the governor should have a close
relationship with the attorney general as his or her own
counsel. She said she was mostly concerned about campaign
contributions and how an attorney general may be swayed, just as
judges should never be elected as well.
SENATOR MCGUIRE replied that Ms. Bonner's argument held weight
where having an attorney general and governor on opposite
philosophical or political positions would not be desired. She
opined that she was concerned that Alaska's attorney generals
have been acting less as the attorney general and more as the
legal counsel for the governor. She asked if Ms. Bonner would
consider allowing a governor to have their own legal counsel.
MS. BONNNER replied that Senator McGuire's proposal would cost
the state more and she remained opposed to SJR 12.
9:18:33 AM
CHAIR STOLTZE closed public testimony on SJR 12.
He related that in the past, constitutional amendments have had
a standard $1500 fiscal note for election pamphlet printing. He
revealed that the resolution's fiscal note was zeroed out and
the administration stated that they would absorb the cost. He
remarked that he did not mind if the resolution proceeded to
Senate Finance with a zero fiscal note, but pointed out that the
procedure was a change in policy within the administration.
SENATOR MCGUIRE asked Chair Stoltze if he had considered putting
language in the election pamphlet that said the governor was
entitled to legal counsel on his/her cabinet that could replace
another cabinet position.
9:20:00 AM
CHAIR STOLTZE replied that he thought the governor has all of
the ability to hire legal counsel and the act was probably being
done already.
SENATOR MCGUIRE responded that she would not hold the resolution
up, but added that she would continue to contemplate the topic.
CHAIR STOLTZE pointed out that the next committee of assignment
for SJR 12 was Senate Judiciary and remarked that he welcomed
Senator McGuire to do what she liked as Chair for the committee.
He admitted that SJR 12 had a deliberative journey, but noted
that only 20 days remained in the session. He pointed out that
hearing the resolution was delayed due to the committee's
deference to larger bills. He said Senator McGuire's proposition
was a good discussion point that had to be fleshed out and
formalized. He reiterated that he thought the governor was
currently entitled to legal counsel.
SENATOR MCGUIRE replied that she considers the number one
complaint would be from Alaskans saying that electing an
attorney general would be too political and that the governor
should be entitled to legal counsel. She asked if Chair Stoltze
had looked at other joint resolutions that were further along in
the process. She remarked that SJR 12 addressed legislation that
was ripe for consideration and she was troubled that the
resolution was so late in the session coming forward.
9:22:28 AM
CHAIR STOLTZE noted that the House's version had 18 or 20 co-
sponsors and that a lot of support was present in both bodies.
He conceded that getting two-thirds vote in both bodies was
always a big hurdle. He facetiously remarked that he was glad
that there were no politics in the attorney general's position,
that the current attorney general was not a major contributor to
the governor, was not the governor's business partner, and was
not a political operative in the governor's campaign. He
declared that the attorney general was his friend and the
information he previously recited was factual.
SENATOR HUGGINS remarked that Chair Stoltze's comment was a good
point. He noted that a district attorney based in Nome, June
Stein, was recently fired by the governor and added that the
attorney general was unaware of the firing. He asked if an
elected attorney general would have changed the dynamic where
the governor fires a district attorney.
CHAIR STOLTZE responded that what Senator Huggins pointed out
would be an enabling statute as well. He surmised that creating
a third constitutional officer would put the attorney general on
par with the lieutenant governor and governor. He detailed that
the attorney general would have the same constitutional powers
and autonomy that both the lieutenant governor and governor
have. He specified that a constitutional officer could not be
fired or hired.
9:25:18 AM
SENATOR HUGGINS moved to report SJR 12, [29-LS0095\W], from
committee with individual recommendations and attached fiscal
note.
9:25:25 AM
CHAIR STOLTZE announced that hearing no objection, SJR 12 moved
out of committee.
9:25:46 AM
At ease
HB 128-ALASKA WILD SALMON DAY
9:27:28 AM
CHAIR STOLTZE called the committee back to order and announced
the consideration of HB 128.
9:27:40 AM
KRISTINA ANDREW, Staff, Representative Bryce Edgmon, Alaska
State Legislature, Juneau, Alaska, read the sponsor statement
for HB 128 as follows:
Alaskans prize wild salmon. No other of our fish plays
such a prevalent role in our lives and no other is so
nourishing and appetizing. According to a survey
conducted during the summer of 2011, 96 percent of
Alaskans feel that salmon is essential to their way of
life.
Salmon subsistence fishing has sustained Alaska Native
people for thousands of years. Recreational fishing
for salmon is a lifelong pursuit and passion for urban
and rural residents alike, along with many visitors to
our state. Commercial salmon fishing has been a
mainstay industry in Alaska for more than a hundred
years.
By establishing August 10th as Alaska Wild Salmon Day,
HB 128 will encourage the celebration of these Alaska
pastimes, professions, and ways of life. Alaska Wild
Salmon Day will also provide opportunities to promote
our wild salmon's deliciousness, purity, and
healthfulness to visitors from across the country and
around the world.
Prior to introducing this bill, our office has
consulted with people involved in the Alaska seafood
marketing industry, the Alaska restaurant and tourism
industries, and even representatives from Alaska's
airlines, and they all agree that Alaska Wild Salmon
Day can create endless opportunities to make salmon
lovers out of countless visitors to Alaska.
We are confident in upcoming support from the Alaska
Travel Industry Association, Visit Alaska, the Alaska
Seafood Marketing Institute (ASMI), the United
Fishermen of Alaska, and Alaska Airlines.
9:29:40 AM
CHAIR STOLTZE asked why August 10th was chosen as the day to
celebrate Alaska Wild Salmon Day.
MS. ANDREW answered that the intent was to select a day that was
in the midst of the tourism season. She explained that July was
crowded with state holidays and early August was chosen.
CHAIR STOLTZE suggested that July 10th might be more appropriate
because the date coincided with the start of the Kenai-Kasilof
Personal Use Salmon Fishery.
MS. ANDREW pointed out that July 9th was Alaska Flag Day.
SENATOR MCGUIRE stated that she supported Alaska Wild Salmon
Day. She said she had two questions, the first was the status on
U.S. Senator Lisa Murkowski's challenge for the U.S. Food and
Drug Administration (FDA) to rule on genetically modified
methods for farmed salmon. Second, she asked what the sponsor
envisioned for activities that would take place on Alaska Wild
Salmon Day. She inquired if local community councils would come
up with their own ideas and how would children be involved.
MS. ANDREW replied that she did not have an answer regarding a
FDA ruling on farmed salmon. She addressed Alaska Wild Salmon
Day and explained that the intent was to establish a day that
could be celebrated by the state, private industry, communities,
and families. She opined that HB 128 would be liken to a
birthday party for salmon that would be celebrated with cook-
offs and merchandise. She said HB 128 would let Alaskans and
visitors know that August 10th was a day to celebrate the
beloved salmon.
9:32:50 AM
SENATOR MCGUIRE recounted that the Legislature in the past had
grown tired of created new "days." She opined that "days" had
merit and her intent was to consider what the "days" were. She
suggested that Alaska Wild Salmon Day address a commercial
element where the cruise ship and tourism industries get
involved as was done with the Iditarod. She added that an
educational element for children be integrated as well during
the final month of school. She opined that children should learn
about "wild versus farmed" and why wild salmon was important in
one's diet.
MS. ANDREW revealed that the bill's original draft mentioned the
educational component. She concurred that both promotion and
education should be explored for Alaska Wild Salmon Day.
CHAIR STOLTZE remarked that HB 128 identified salmon in both
formal and less formal terms. He noted that Chinook was
identified as "king." He asked what provenance was used in
deciding on names for specific salmon species.
MS. ANDREW replied that there was not much behind choosing the
word "king" and offered that the name could be changed to
"Chinook."
CHAIR STOLTZE stated that his intent was to provide consistency.
MS. ANDREW noted that a previous committee debated "chum" versus
"keta," but chum was chosen.
CHAIR STOLTZE revealed that "keta" was considered for marketing
purposes.
9:36:31 AM
SENATOR HUGGINS suggested that Alaska Wild Salmon Day be thought
of in a broader sense where fishery shortages were addressed as
well. He opined that a broader-context approach would bring
attention to wild salmon's plight.
9:39:15 AM
CHAIR STOLTZ announced that he would offer an amendment to
change "king" to "Chinook" for consistency's sake.
9:39:32 AM
SENATOR COGHILL objected for discussion purposes. He noted that
he was almost an adult before he knew king salmon had a
different name because on the Yukon River, "kings" were what the
particular salmon was called. He suggested that if the bill's
intent had an educational component, that "known as" be
incorporated to provide colloquial salmon species names in order
to avoid confusion.
CHAIR STOLTZE announced that he would withdraw his amendment and
offered a conceptual amendment to draft the formal name and in
parenthesis indicate the common usage. He noted that "chum" or
"dog" salmon was changed to "keta" for marketing purposes. He
asked Ms. Andrew if she preferred "keta" or "dog."
MS. ANDREW replied that she had not heard the word "keta" until
she worked for the Legislature. She stated that she preferred
"chum" or "dog" salmon.
CHAIR STOLTZE stated that both would be used. He revealed that
he has been on the Alaska Seafood Marketing Institute's (ASMI)
board of directors for 10 years and noted that ASMI made a
concerted effort to market keta salmon versus dog salmon.
SENATOR WIELECHOWSKI shared that he had reviewed the Alaska
Department of Fish and Game's (ADFG) website and pointed out
that ADFG identified salmon as: king, coho, sockeye, chum, and
pink. He added that ADFG noted salmon's other names in
parenthesis as well.
CHAIR STOLTZE replied that ADFG interchangeably used formal and
common names. He pointed out that the Legislature put money in
the budget for "Chinook" studies and "Chinook" enhancement. He
added that fishermen refer to the "sockeye" stamp and not the
"red" stamp.
9:42:25 AM
SENATOR MCGUIRE stated that she supported Chair Stoltze's
conceptual amendment because the change addressed both salmon
education and marketing. She suggested that the committee agree
on the scientific and commonly used names.
CHAIR STOLTZE asked if Representative Edgmon's office had any
objections to expanding salmon names for educational purposes.
MS. ANDREW replied that she personally liked the idea of
including the names for salmon, but noted that she could not
answer for Representative Edgmon. She remarked that she did not
anticipate an objection from Representative Edgmon.
CHAIR STOLTZE commented that he would not bow at the altar of
Fish and Game. He stated that he would make the "executive
decision" to move forward with his amendment and remarked that
he thought Senator Wielechowski would concur.
SENATOR WIELECHOWSKI opined that no one would read the
resolution, but people would celebrate Alaska Wild Salmon Day by
whatever name the salmon were called.
SENATOR MCGUIRE stated that her hope was the amendment would
inspire Representative Edgmon's office to think of educational
and marketing ideas to celebrate Alaska Wild Salmon Day.
9:45:55 AM
CHAIR STOLTZE restated his motion and detailed Conceptual
Amendment 1 as follows:
CONCEPTUAL AMENDMENT 1
Line 6 will read: Chinook (king), sockeye (red), coho
(silver), chum (dog/keta), and pink (humpy).
9:46:31 AM
CHAIR STOLTZE moved Conceptual Amendment 1. He announced that
hearing no objection, the amendment was adopted.
He referenced data from 2015 and asserted that over 36,000
Alaskan households benefited from the "Alaskan resident only"
personal-use Kenai-Kasilof and Chitina fisheries. He stated that
he could not think of a more unique fishery that benefited from
the wild bounty of Alaska's salmon.
9:48:25 AM
SENATOR COGHILL moved to report HB 128, as amended from
committee with individual recommendations and attached zero
fiscal note.
9:48:35 AM
CHAIR STOLTZE announced that hearing no objection, SCS HB
128(STA) is reported from committee.
9:49:29 AM
There being no further business to come before the committee,
Chair Stoltze adjourned the Senate State Affairs Committee at
9:49 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 128 Sponsor Statement.pdf |
SSTA 3/29/2016 9:00:00 AM |
HB 128 |
| HB 128 Support Document - Letter Alaska Seafood Marketing Institute 3-11-15.pdf |
SSTA 3/29/2016 9:00:00 AM |
HB 128 |
| HB 128 Support Document - Letter Alaska Trollers Association 3-16-15.pdf |
SSTA 3/29/2016 9:00:00 AM |
HB 128 |
| HB 128 Support Document - Letter United Fishermen of Alaska 3-16-15.pdf |
SSTA 3/29/2016 9:00:00 AM |
HB 128 |
| HB 128 Fiscal Note DOA-DGS 03-25-16 (Replaces #1 from 2015).pdf |
SSTA 3/29/2016 9:00:00 AM |
HB 128 |
| SJR 12 Support Document - CSG Attorneys General & Qualifications for Office (2015 Update).pdf |
SSTA 3/29/2016 9:00:00 AM |
SJR 12 |
| SJR 12 Current Governors and Attorneys General (Updated 03-28-16).pdf |
SSTA 3/29/2016 9:00:00 AM |
SJR 12 |
| SJR 12 Fiscal Note - LEG-SESS 03-28-2016 (Updated to 2016).pdf |
SSTA 3/29/2016 9:00:00 AM |
SJR 12 |