02/15/2022 03:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB136 | |
| SB92 | |
| SB145 | |
| SB152 | |
| HB148 | |
| HB123 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 136 | TELECONFERENCED | |
| *+ | SB 152 | TELECONFERENCED | |
| += | HB 148 | TELECONFERENCED | |
| += | SB 145 | TELECONFERENCED | |
| += | SB 147 | TELECONFERENCED | |
| += | SB 92 | TELECONFERENCED | |
| += | HB 123 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
February 15, 2022
3:32 p.m.
MEMBERS PRESENT
Senator Mike Shower, Chair
Senator Lora Reinbold, Vice Chair
Senator Mia Costello
Senator Roger Holland
Senator Scott Kawasaki
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 136
"An Act relating to firearms and other weapons restrictions."
- HEARD & HELD
SENATE BILL NO. 92
"An Act relating to missing persons under 21 years of age."
- HEARD & HELD
SENATE BILL NO. 145
"An Act relating to per diem for legislators; and providing for
an effective date."
- HEARD & HELD
SENATE BILL NO. 152
"An Act relating to the convening of the legislature at the
capital and in the Municipality of Anchorage; relating to the
location of legislative sessions; and relating to the emergency
relocation of functions of state government."
- HEARD & HELD
HOUSE BILL NO. 148 AM
"An Act relating to the Alaska Coordinate System of 2022."
- HEARD & HELD
HOUSE BILL NO. 123
"An Act providing for state recognition of federally recognized
tribes; and providing for an effective date."
- HEARD & HELD
SENATE BILL NO. 147
"An Act requiring the Department of Administration to allow
individuals to execute an anatomical gift when renewing a
driver's license; and establishing April of each year as Donate
Life Month."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: SB 136
SHORT TITLE: LIMITATIONS ON FIREARMS RESTRICTIONS
SPONSOR(s): SENATOR(s) MYERS
05/05/21 (S) READ THE FIRST TIME - REFERRALS
05/05/21 (S) CRA, STA
05/11/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
05/11/21 (S) -- MEETING CANCELED --
05/13/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
05/13/21 (S) Heard & Held
05/13/21 (S) MINUTE(CRA)
05/18/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
05/18/21 (S) Moved CSSB 136(CRA) Out of Committee
05/18/21 (S) MINUTE(CRA)
05/19/21 (S) CRA RPT CS 2DP 1DNP SAME TITLE
05/19/21 (S) DP: HUGHES, MYERS
05/19/21 (S) DNP: GRAY-JACKSON
02/01/22 (S) STA AT 3:30 PM BUTROVICH 205
02/01/22 (S) Heard & Held
02/01/22 (S) MINUTE(STA)
02/15/22 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SB 92
SHORT TITLE: MISSING PERSONS UNDER 21 YEARS OLD
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/22/21 (S) READ THE FIRST TIME - REFERRALS
02/22/21 (S) HSS, STA
03/23/21 (S) HSS AT 1:30 PM BUTROVICH 205
03/23/21 (S) Scheduled but Not Heard
03/30/21 (S) HSS AT 1:30 PM BUTROVICH 205
03/30/21 (S) Heard & Held
03/30/21 (S) MINUTE(HSS)
04/06/21 (S) HSS AT 1:30 PM BUTROVICH 205
04/06/21 (S) Moved SB 92 Out of Committee
04/06/21 (S) MINUTE(HSS)
04/07/21 (S) HSS RPT 2DP 1NR
04/07/21 (S) DP: WILSON, BEGICH
04/07/21 (S) NR: REINBOLD
04/27/21 (S) STA AT 3:30 PM BUTROVICH 205
04/27/21 (S) Heard & Held
04/27/21 (S) MINUTE(STA)
02/10/22 (S) STA AT 3:30 PM BUTROVICH 205
02/10/22 (S) Scheduled but Not Heard
02/15/22 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SB 145
SHORT TITLE: LEGISLATOR RETROACTIVE PER DIEM
SPONSOR(s): HOLLAND
01/18/22 (S) PREFILE RELEASED 1/7/22
01/18/22 (S) READ THE FIRST TIME - REFERRALS
01/18/22 (S) STA, FIN
02/01/22 (S) STA AT 3:30 PM BUTROVICH 205
02/01/22 (S) Heard & Held
02/01/22 (S) MINUTE(STA)
02/08/22 (S) STA AT 3:30 PM BUTROVICH 205
02/08/22 (S) Scheduled but Not Heard
02/15/22 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SB 152
SHORT TITLE: LEGISLATIVE SESSIONS IN ANCHORAGE
SPONSOR(s): SENATOR(s) SHOWER
01/18/22 (S) PREFILE RELEASED 1/7/22
01/18/22 (S) READ THE FIRST TIME - REFERRALS
01/18/22 (S) STA, FIN
02/15/22 (S) STA AT 3:30 PM BUTROVICH 205
BILL: HB 148
SHORT TITLE: ALASKA COORDINATE SYSTEM OF 2022
SPONSOR(s): REPRESENTATIVE(s) SHAW
03/24/21 (H) READ THE FIRST TIME - REFERRALS
03/24/21 (H) STA, RES
04/17/21 (H) STA AT 3:00 PM GRUENBERG 120
04/17/21 (H) Heard & Held
04/17/21 (H) MINUTE(STA)
04/22/21 (H) STA AT 3:00 PM GRUENBERG 120
04/22/21 (H) Moved HB 148 Out of Committee
04/22/21 (H) MINUTE(STA)
04/26/21 (H) STA RPT 6DP
04/26/21 (H) DP: VANCE, CLAMAN, STORY, KAUFMAN,
TARR, KREISS-TOMKINS
05/05/21 (H) RES AT 1:00 PM BARNES 124
05/05/21 (H) Moved HB 148 Out of Committee
05/05/21 (H) MINUTE(RES)
05/06/21 (H) RES RPT 4DP 1DNP 1NR 2AM
05/06/21 (H) DP: SCHRAGE, GILLHAM, CRONK, MCKAY
05/06/21 (H) DNP: RAUSCHER
05/06/21 (H) NR: FIELDS
05/06/21 (H) AM: HANNAN, PATKOTAK
05/15/21 (H) TRANSMITTED TO (S)
05/15/21 (H) VERSION: HB 148 AM
05/17/21 (S) READ THE FIRST TIME - REFERRALS
05/17/21 (S) STA, RES
02/03/22 (S) STA AT 3:30 PM BUTROVICH 205
02/03/22 (S) Heard & Held
02/03/22 (S) MINUTE(STA)
02/08/22 (S) STA AT 3:30 PM BUTROVICH 205
02/08/22 (S) Scheduled but Not Heard
02/15/22 (S) STA AT 3:30 PM BUTROVICH 205
02/15/22 (S) Heard & Held
02/15/22 (S) MINUTE(STA)
02/17/22 (S) STA AT 3:30 PM BUTROVICH 205
02/17/22 (S) Moved HB 148 am Out of Committee
02/17/22 (S) MINUTE(STA)
02/18/22 (S) STA RPT 3DP 2NR
02/18/22 (S) DP: SHOWER, COSTELLO, HOLLAND
02/18/22 (S) NR: REINBOLD, KAWASAKI
03/30/22 (S) RES AT 3:30 PM BUTROVICH 205
03/30/22 (S) <Bill Hearing Canceled>
04/04/22 (S) RES AT 3:30 PM BUTROVICH 205
04/04/22 (S) Moved HB 148 AM Out of Committee
04/04/22 (S) MINUTE(RES)
04/06/22 (S) RES RPT 4DP
04/06/22 (S) DP: MICCICHE, KIEHL, VON IMHOF, STEVENS
05/17/22 (S) RETURN TO (H), TRANSMIT TO GOV NEXT
05/17/22 (S) VERSION: HB 148 AM
BILL: HB 123
SHORT TITLE: STATE RECOGNITION OF TRIBES
SPONSOR(s): REPRESENTATIVE(s) ZULKOSKY
03/03/21 (H) READ THE FIRST TIME - REFERRALS
03/03/21 (H) TRB, STA
03/30/21 (H) TRB AT 8:00 AM DAVIS 106
03/30/21 (H) Heard & Held
03/30/21 (H) MINUTE(TRB)
04/01/21 (H) TRB AT 8:00 AM DAVIS 106
04/01/21 (H) Moved HB 123 Out of Committee
04/01/21 (H) MINUTE(TRB)
04/05/21 (H) TRB RPT 3DP 1NR
04/05/21 (H) DP: FIELDS, TARR, ZULKOSKY
04/05/21 (H) NR: CRONK
04/17/21 (H) STA AT 3:00 PM GRUENBERG 120
04/17/21 (H) Heard & Held
04/17/21 (H) MINUTE(STA)
04/22/21 (H) STA AT 3:00 PM GRUENBERG 120
04/22/21 (H) Moved HB 123 Out of Committee
04/22/21 (H) MINUTE(STA)
04/26/21 (H) STA RPT 5DP 1NR
04/26/21 (H) DP: VANCE, CLAMAN, STORY, TARR, KREISS-
TOMKINS
04/26/21 (H) NR: KAUFMAN
05/19/21 (H) LIMIT ALL DEBATE TO 2 MIN EACH Y23 N16
E1
05/19/21 (H) MOTION TO TABLE UC
05/19/21 (H) TAKEN FROM TABLE UC
05/19/21 (H) TRANSMITTED TO (S)
05/19/21 (H) VERSION: HB 123
01/18/22 (S) READ THE FIRST TIME - REFERRALS
01/18/22 (S) STA, CRA
02/10/22 (S) STA AT 3:30 PM BUTROVICH 205
02/10/22 (S) Heard & Held
02/10/22 (S) MINUTE(STA)
02/15/22 (S) STA AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
SENATOR ROBERT MYERS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 136
MICHAELLA ANDERSON, Staff
Senator Robert Myers
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided information about SB 136 on behalf
of the sponsor.
JOHN SULLIVAN representing self
Douglas, Alaska
POSITION STATEMENT: Raised a question about SB 136.
JAKE MCGUIGAN, Managing Director for State Affairs
National Shooting Sports Foundation (NSSF)
Massachusetts
POSITION STATEMENT: Testified in support of SB 136.
HOWARD APPEL, representing self
Ninilchik, Alaska
POSITION STATEMENT: Testified in support of SB 136.
AOIBHEANN CLINE, Northwest Regional Director
National Rifle Association (NRA)
POSITION STATEMENT: Testified in support of SB 136.
ANN GIFFORD, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to SB 136.
MARIAN CLOUGH, representing self
Auke Bay, Alaska
POSITION STATEMENT: Testified in opposition to SB 136.
ANNETTE MARLEY, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SB 136.
KELLY HOWELL, Special Assistant
Office of the Commissioner
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: Presented SB 92 on behalf of the
administration.
LISA PURINTON, Chief
Criminal Records and Identification Bureau
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on SB
92.
JAMES COCKRELL, Commissioner
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Answered questions and provided information
during the hearing on SB 92.
SHONDA ERICKSON, Staff
Senator Mike Shower
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for SB 152
on behalf of the sponsor.
WILLY KEPPEL, representing self
Quinhagak, Alaska
POSITION STATEMENT: Testified in support of SB 152.
SCOTT OGAN, Staff
Senator Mike Shower
Palmer, Alaska
POSITION STATEMENT: Discussed proposed changes to SB 152 on
behalf of the sponsor.
REPRESENTATIVE LADDIE SHAW
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 148.
JACQUELYN ARNACIAR BOYER, Policy and Campaign Director
Native Peoples Action and Native Peoples Action Community Fund
Palmer, Alaska
POSITION STATEMENT: Stated strong support for HB 123.
SHARON HILDEBRAND, Village Outreach Liaison
Doyon Limited
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 123.
LISA RUSH, representing
Alaska Black Caucus (ABC)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 123.
ALMERIA ALCANTRA, representing self
Palmer, Alaska
POSITION STATEMENT: Testified in support of HB 123.
JANINE AVNER, President
Board of Directors
Baan O Yeel Kon Corporation
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 123.
EDEN ROMEO, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 123.
CARRIE STEVENS, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 123.
DELORES LARSON, representing
United Tribes of Bristol Bay (UTBB)
Koliganek, Alaska
POSITION STATEMENT: Testified in full support of HB 123 on
behalf of UTBB.
MARGARET TARRANT, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 123.
RHONDA PITKA, Chief
Village of Beaver
Beaver, Alaska
POSITION STATEMENT: Stated support for HB 123 on behalf of the
Beaver Village Council.
BROOKE WOODS, representing self
Rampart, Alaska
POSITION STATEMENT: Testified in support of HB 123.
ROSE O'HARA-JOLLEY, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 123.
DEWEY HOFFMAN, Deputy Director
Tribal Government and Client Services
Tanana Chiefs Conference (TCC)
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 123.
MICHAEL GARVEY, Advocacy Director
American Civil Liberties Union (ACLU) of Alaska
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 123.
WILLY KEPPEL, representing self
Quinhagak, Alaska
POSITION STATEMENT: Testified in opposition to HB 123.
ACTION NARRATIVE
3:32:35 PM
CHAIR MIKE SHOWER called the Senate State Affairs Standing
Committee meeting to order at 3:32 p.m. Present at the call to
order were Senators Holland, Kawasaki, Costello, Reinbold, and
Chair Shower.
SB 136-LIMITATIONS ON FIREARMS RESTRICTIONS
3:33:33 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 136
"An Act relating to firearms and other weapons restrictions."
[This was the second hearing, public testimony was noticed, and
CSSB 136(CRA) was before the committee.]
3:34:11 PM
SENATOR ROBERT MYERS, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 136, refreshed the committee's recall of the bill.
He explained that SB 136 seeks to ensure that rules related to
the ownership or use of firearms do not change based on a
disaster declaration at either the state or municipal level.
3:35:16 PM
SENATOR KAWASAKI asked how the possession or use of illegal
firearms would be treated, should the bill pass.
SENATOR MEYER answered that the bill does not change any rules
relating to firearms, so an illegal firearm would still be
illegal if the bill were to pass. Similarly, the bill does not
propose to change the law prohibiting a felon from possessing or
using a firearm. SB 136 simply says that new firearm rules
cannot be created by executive authority when there is a
disaster declaration.
CHAIR SHOWER summarized that SB 136 would only be in effect
during the limited window of a disaster declaration.
SENATOR MEYER agreed that was correct.
3:36:17 PM
SENATOR KAWASAKI noted that the definition of "firearm" in AS
11.81.900 talks about things that use propulsion such as guns
and shotguns, but it is not specific. It does not talk about a
shotgun with a barrel shorter than 16 inches or a machine gun
that someone may not have a license to carry. He asked if that
might compromise the bill.
SENATOR MEYER replied he did not believe so. The definition is
intentionally broad and it does not change what is or is not
prohibited. The goal is to clarify that an executive authority
may not use the powers granted under a disaster declaration to
impose additional firearms rules. He acknowledged that the
legislature would still have the authority to change rules
during a disaster declaration.
3:37:50 PM
MICHAELLA ANDERSON, Staff, Senator Robert Myers, Alaska State
Legislature, Juneau, Alaska, added that the term "additional
rules" is defined as anything that removes Second Amendment
rights. This includes forbidding the use and carry of firearms
and closing gun and ammunition stores or firing ranges.
CHAIR SHOWER offered to invite the Department of Law to a future
meeting if there were follow-up questions.
3:38:38 PM
CHAIR SHOWER opened public testimony on SB 136.
3:39:12 PM
JOHN SULLIVAN representing self, Douglas, Alaska referenced
[page 2], line 9 and offered his understanding that the bill
allows someone to carry and shoot a gun in both emergency and
non-emergency situations, regardless of whether they can legally
possess a firearm. He mentioned hurricane Katrina and the people
on the bridge in New Orleans and restated that SB 136 says that
anybody is able to carry a gun in an emergency. He said that is
the "beef" he has with SB 136.
SENATOR COSTELLO said she understands the language on page 2,
line 9 to say the opposite. She read the new Sec. 44.99.510 (b):
(b) This section does not apply to the possession of a
firearm, a firearm accessory, ammunition, or other
weapon by a person who is prohibited from legally
possessing a firearm, a firearm accessory, ammunition,
or other weapon under state law
SENATOR COSTELLO suggested the legal drafters comment on this
subsection because it is an important part of the bill and
should be clarified.
CHAIR SHOWER concurred with her interpretation and said he would
hold the bill if the attorneys were not available.
3:44:16 PM
JAKE MCGUIGAN, Managing Director for State Affairs, National
Shooting Sports Foundation (NSSF), Massachusetts, testified in
support of SB 136. He stated that NSSF is the trade association
that represents manufacturers, distributors, and retailers in
the firearms industry. He thanked the sponsor for introducing
the bill to address the issue that has arisen the last two
years, which is retailers and shooting ranges being required to
close based on state or local emergency declarations. Texas is a
good example. It has strong preemption laws but local
governments, including in the Houston area, shut down firearms
retailers and shooting ranges during COVID-19 lockdowns. NSSF
supports SB 136 because many states did not deem the firearms
industry essential during the pandemic, so people who were
trying to exercise their Second Amendment rights were prevented
from doing so. Some states forced the issue by shutting down the
state background check system. He highlighted that about 40
states declared the firearms industry essential during the
pandemic, but that left 10 states that restricted both Second
Amendment rights and firearm retailers' ability to conduct
business.
MR.MCGUIGAN highlighted that the firearms industry is now open
nationwide and gun sales have broken records. Over 13 million
people became new gun owners over the last two years. He
surmised that the number would have been even higher if people
had been able to exercise their Second Amendment right in those
10 states. He reiterated support for SB 136.
3:47:57 PM
HOWARD APPEL, representing self, Ninilchik, Alaska, testified in
support of SB 136. He shared an observation he made when he was
visiting his son in Washington state during the pandemic. Every
time he passed by a particular gun shop it had a line of people
outside that extended past three storefronts. His son attributed
it to the restrictions that the City of Seattle imposed on
firearms businesses. He noted that churches were also closed,
but liquor stores and bars remained open. That made no sense;
thus his support for SB 136.
3:49:49 PM
AOIBHEANN CLINE, Northwest Regional Director, National Rifle
Association (NRA), testified in support of SB 136. She stated
that SB 136 does not change firearms laws in Alaska. Prohibited
persons would still be unable to possess firearms during an
emergency. The bill simply states that firearms businesses
cannot be infringed under the color of an emergency declaration.
This protects Alaskans' right to self-defense, firearms,
ammunition, and shooting ranges when there is an emergency
declaration. She said the bill is in response to real life
examples of restrictions based on emergency declarations from
across the country. She recounted that the NRA sued Los Angeles
County after it deemed firearms businesses were not essential.
The Ninth Circuit Court of Appeals ruled that unconstitutional.
She restated that SB 136 simply protects firearms businesses and
Alaskans' Second Amendment right to access firearms during an
emergency declaration.
3:51:57 PM}
ANN GIFFORD, representing self, Juneau, Alaska, stated that she
is a retired attorney who opposes SB 136, in part because it is
broader than restrictions on firearm businesses. She directed
attention to subsection (a)(1) on page 1 that forbids the
possession or use of a firearm. The concern is that this would
tie the hands of the governor and other state leaders during the
chaos of a disaster when it is not clear what action these
leaders might need to take. For example, curfews and other
limitations on people's activities are needed when Alaska
experiences an earthquake, tsunami, or large fire. Limiting
individuals' use of firearms in a specific area is one of the
time and place restrictions on Second Amendment rights that has
been recognized as constitutional. It is the kind of action a
government might need to take to maintain public order and
safety. She opined that ruling those options out would be a
mistake because it is not possible to anticipate all the ways
they may be needed. She urged the committee not to pass SB 136.
CHAIR SHOWER asked if it would improve the bill to delete the
word "use" on page 1, paragraphs (1) and (2).
MS. GIFFORD said yes, but the talk about any kind of rule that
forbids possession or use of a firearm is the greatest concern.
CHAIR SHOWER suggested she send any other thoughts on the bill
to [email protected].
3:55:01 PM
MARIAN CLOUGH, representing self, Auke Bay, Alaska, testified in
opposition to SB 136. She stated that as a mom, a grandma, and a
gun owner she does not believe SB 136 is about protecting gun
ownership. Rather, it is about giving special privileges to gun
dealers. She opined that it also invites endless and distracting
legal battles. She pointed out that government is supposed to
protect citizens during disasters and she questions how
guaranteeing gun stores and ranges the right to stay open helps
in the event of fires, tsunamis, landslides, or volcanic
eruptions. She asked if gun stores should remain open if there
were armed riots. She offered her belief that in an epidemic as
contagious as Omicron and lethal as Ebola, the only hope would
be the strictest of protocols with only essential facilities
such as grocery stores and medical facilities remaining open. By
contrast, SB 136 would mandate that gun shops and ranges remain
open even if they were super-spreaders. She urged the committee
to ensure that state and municipal agencies have the ability to
respond to disasters, unencumbered by the political agendas of
interest groups. She asked the committee not to pass SB 136.
3:57:08 PM
ANNETTE MARLEY, representing self, Anchorage, Alaska, stated
that as a mother and public health professional she was asking
the committee to oppose SB 136. It makes no sense to
preemptively force the governor and local communities to keep
shooting ranges and gun stores open during an emergency
declaration, she said. Measures to protect public safety are
needed during emergency situations, not a special law that
prohibits the regulation of guns. She opined that undermining
government authority to take such measures set the stage for
usurping other authorities. She suggested the committee instead
focus on legislation that prepares for emergencies, through
advanced food security, emergency shelters, and improving the
state's public health system. She said SB 136 does not merit
passage.
3:59:03 PM
CHAIR SHOWER closed public testimony on SB 136.
3:59:09 PM
At ease
4:00:05 PM
CHAIR SHOWER reconvened the meeting.
SENATOR COSTELLO referenced earlier testimony and urged the
committee to ask Legislative Legal Services to clarify that the
language on page 2, lines 9-11 states that a person who is not
allowed to possess a gun will not be able to possess a gun
during an emergency declaration under SB 136.
CHAIR SHOWER asked the sponsor to request Legislative Legal
Services and the Department of Law review the bill in light of
the questions that were raised and respond to the committee in
writing.
4:01:29 PM
SENATOR HOLLAND shared that he was living in Louisiana during
hurricane Katrina and he saw that the police were not prepared
to document property ownership so it could be returned. He noted
that murders were also committed in the city during that time.
He said that is the other side of the story and he believes that
disarming citizens during times like that is something to
consider.
CHAIR SHOWER mentioned that some of his friends who were members
of the guard and serving in the city at that time have some
horrific stories about what happened.
SENATOR KAWASAKI asked whether art. III, sec. 20 of the Alaska
Constitution on martial law would supersede the statute.
4:02:51 PM
SENATOR MEYER replied the bill is not about martial law, but he
believes those provisions in the state constitution would
override SB 156. He committed to follow up to make sure that was
correct.
4:03:22 PM
CHAIR SHOWER held SB 136 in committee.
SB 92-MISSING PERSONS UNDER 21 YEARS OLD
4:03:25 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 92
"An Act relating to missing persons under 21 years of age."
4:04:02 PM
KELLY HOWELL, Special Assistant, Office of the Commissioner,
Department of Public Safety (DPS), Anchorage, Alaska, presented
SB 92 on behalf of the administration. She explained that SB 92
shortens the timeframe in which law enforcement must file a
missing person's report from 24 hours to two hours and it
expands the age for missing children from age 18 to age 21. She
noted that the intention is to capture the vulnerable college-
age population. These changes comply with two federal laws that
passed after children went missing. One was a college student
who was never found and the other was for young Adam Walsh who
was abducted and murdered. The latter case elicited the law that
shortened the timeframe to two hours.
4:05:52 PM
MS. HOWELL presented the sectional analysis for SB 92.
Section 1: Includes conforming language related to the
duty of law enforcement agencies to reflect changes
made in Section 2.
Section 2: Adds a new subsection to AS 18.65.620,
requiring law enforcement agencies to transmit a
missing person's report for a person under the age of
21 to the Alaska Public Safety Information Network and
the National Crime Information Center as soon as
practicable, but not later than two hours after
completing the report. If the person is later found,
the agency shall remove that information from those
databases as soon as practicable, but not later than
24 hours after learning the person has been located.
Section 3: Contains conforming language to AS
47.10.141, runaway and missing children, to the
changes made in section 2. All reporting procedures
for persons under the age of 21 are moved to AS 18.65,
as amended in Section 2 of the bill.
The bill has no specific effective date and would
become effective 90 days after becoming law.
4:07:49 PM
CHAIR SHOWER referenced the document in the bill packets that
shows the data for missing persons under 21 years old broken
down by circumstance, race, and gender. He asked if the bill is
talking about the "unknown" circumstance for the missing child.
MS. HOWELL said the statistics include all the missing persons
under age 21, regardless of the circumstance for which they were
missing. The unknown circumstance reflects the cases that law
enforcement does not know why the child went missing.
SENATOR KAWASAKI referenced slide 5 and asked if she believes
that most law enforcement agencies are able to comply with the
more restrictive federal requirements.
MS. HOWELL answered yes; the more restrictive requirements are
part of the current training for the Public Safety Information
Network.
SENATOR KAWASAKI asked whether there is a penalty for non-
compliance.
MS. HOWELL deferred to Lisa Purinton who could talk about the
audits for the Public Safety Information Network and the
consequences of not entering the reports timely.
4:10:50 PM
LISA PURINTON, Chief, Criminal Records and Identification
Bureau, Department of Public Safety, Anchorage, Alaska,
explained that the FBI will review the records during its tri-
annual audit to ensure compliance with the two-hour federal
requirement. The penalty for non-compliance falls on the public
and the persons who are missing because it delays law
enforcement's ability to act.
SENATOR KAWASAKI asked if the state is exposed to any liability
if an agency does not enter the information into the state and
federal systems.
MS. PURINTON said she was not able to answer legal questions.
CHAIR SHOWER asked Ms. Howell to contact the Department of Law
(DOL) and get the answer before the next hearing.
4:12:40 PM
JAMES COCKRELL, Commissioner, Department of Public Safety,
Anchorage, Alaska, pointed out that this is already federal law
so the liability wouldn't change if it were also a requirement
under state law. He stressed the importance of shortening the
reporting timeframe to two hours, citing the hypothetical
example of an 18-year-old who disappears from the Fairbanks
campus when it is 40 degrees below zero. Waiting 24 hours for
that report to go out dramatically increases likelihood of a bad
outcome. If this change saves just one life, it is worthwhile,
he said.
SENATOR COSTELLO asked if other states have similar specifics in
statute and if the state could lose federal funding if the state
law doesn't match the federal law.
MS. HOWELL deferred the question to Ms. Purinton.
MS. PURINTON answered that she was unaware of any penalties
attached to noncompliance with the two-hour reporting
requirement. However, the national missing and murdered
indigenous peoples movement could change in the future.
SENATOR COSTELLO repeated her first question about the number of
states that have similar specifics in statute.
MS. PURINTON said she didn't know but she would follow up with
the FBI to get the information.
4:15:17 PM
SENATOR REINBOLD stated that she had been unsuccessful in her
efforts to track what happened to the millions of dollars that
were appropriated several years ago for missing and murdered
indigenous women. She asked if SB 92 mirrors that project or if
somebody could give an update on the disposition of those funds.
MS. HOWELL confirmed that the state received several million
dollars after former Attorney General William Barr visited the
state and declared a public safety crisis in Alaska. The state
has also received funding for the missing and murdered
indigenous women initiatives. She offered to provide the
information that DPS received from the U.S. Department of
Justice and the Community Oriented Policing Services (COPS)
Office regarding the federal funding the state received related
to the public safety emergency declaration.
SENATOR REINBOLD expressed appreciation and clarified for the
record that Kelly Howell was the last speaker.
4:16:58 PM
SENATOR KAWASAKI commented that vulnerable populations include
not only missing and murdered indigenous women and young people
under age 21, but also senior citizens. He acknowledged that SB
92 was not the right vehicle, but he would follow-up with DPS to
discuss vulnerabilities in the senior population.
CHAIR SHOWER agreed with Senator Kawasaki's assessment.
4:17:46 PM
CHAIR SHOWER held SB 92 in committee.
SB 145-LEGISLATOR RETROACTIVE PER DIEM
4:17:56 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 145
"An Act relating to per diem for legislators; and providing for
an effective date."
[The bill was previously heard on 2/1/2022.]
4:18:23 PM
SENATOR HOLLAND, speaking as sponsor of SB 145, recapped that
the current statute regarding per diem for legislators states
that legislators are not entitled to daily per diem for the
period that a budget is not in place [after the 121st day]. That
has somehow been interpreted to mean that legislators are
allowed retroactive per diem payments. SB 145 honors the intent
of a past ballot initiative and quells the concern that
legislators have a monetary incentive to go into special session
before passing the operating budget.
4:20:04 PM
SENATOR KAWASAKI questioned whether this would give the
executive branch an advantage when it negotiates the budget with
the legislative branch. He offered his experience that special
sessions are often because of the "Third Floor."
SENATOR HOLLAND replied he did not believe that separation of
powers was involved. The bill simply seeks to clarify what is
already in statute.
SENATOR COSTELLO asked whether the budget would need to pass
both bodies to be considered passed.
SENATOR HOLLAND offered his belief that both bodies would need
to pass the budget and send it to the governor.
CHAIR SHOWER pointed to the last sentence in Section 1, which is
in current statute.
In this subsection, "passed by the legislature" has
the meaning given in AS 01.10.070.
SENATOR COSTELLO asked the sponsor if he had contemplated that
if the budget is not passed before day 121, there could be an
incentive to move the special session to a community where a
majority of legislators live and would not collect per diem.
SENATOR HOLLAND said he wasn't sure what she was asking.
4:23:15 PM
SENATOR COSTELLO said she supports aligning laws with voters'
intent when they pass initiatives, but her concern is that some
people may not be able to afford to do without per diem and that
may have unintended consequences.
4:24:16 PM
SENATOR HOLLAND said the concern about creating a legislature of
elite incomes would not be a problem if legislators were to
prioritize the job of passing the budget in 121 days. He added
that he would support leaving the capital in Juneau but moving
the legislature to Anchorage.
CHAIR SHOWER pointed out that legislatures in some states, Texas
for example, meet every other year and get the job done.
SENATOR HOLLAND said the legislature does get distracted with
issues like the size of the permanent fund dividend (PFD) and
that should be fixed so it's automatic. He noted that the Fiscal
Plan Working Group pushed for that last year. He offered his
view that collecting $300 per day in per diem after day 121
could be a motivation to not pass the budget timely. He
disclosed that he did not collect per diem in the first or
second special session last year to honor the intent of the
voters when they passed the initiative on the topic of per diem.
SENATOR REINBOLD commented that leadership will have to lead to
ensure that the Senate receives the budget from the House before
it's down to the wire. She added that she believes the budget
process is backwards and the solution is to place a cap on the
budget. She voiced support for the bill and thanked the sponsor
for bringing it forward.
CHAIR SHOWER commented on the difference between talking about
moving the legislature as opposed to moving the capital.
4:29:16 PM
SENATOR HOLLAND summarized that SB 145 does not change the law;
it reinforces and clarifies the existing statute.
CHAIR SHOWER held SB 145 in committee.
SB 152-LEGISLATOR RETROACTIVE PER DIEM
4:29:59 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 152
"An Act relating to the convening of the legislature at the
capital and in the Municipality of Anchorage; relating to the
location of legislative sessions; and relating to the emergency
relocation of functions of state government."
CHAIR MIKE SHOWER, speaking as sponsor, introduced SB 152 by
paraphrasing the sponsor statement.
[Original punctuation provided with a minor formatting change.]
Senate Bill 152 envisions splitting the legislative
sessions between Juneau and Anchorage. The first half
of the 2-year session would be held in the Capital
City of Juneau. The second half of the session would
meet in the City of Anchorage. The idea came from the
Alaska Federation of Natives solution to their
conflict with competing constituencies. They decided
to split their annual conferences between Anchorage
and Fairbanks. It has been a resounding success. The
citizens of Alaska are frustrated and disillusioned
with their representatives hidden from reach in
Juneau. Covid has further exasperated this frustration
with Canadian travel restrictions and COVID concerns
with traveling by air. The capitol was locked down to
visitors all session in 2021.
Some major legislative issues seem to be decided with
little or no consideration to their constituents'
wishes. Special interest groups work the capitol to
protect their constituencies. Committees often have
public testimony with no one that shows up to make
comments. Many have simply given up and decided it's
not worth their time and money to talk to isolated
legislators.
Legislators often come back for brief 'town halls"
where the public is invited to testify for maybe two
or three minutes. Meanwhile back in the halls of
Juneau, professional lobbyists are paid six and seven
figures to influence legislators with unlimited access
and influence. Power is consolidated to a few senior
legislators in control of key committees that decide
what bills are heard and what bills die, and what they
can get for their district to make it happen. The
sponsor believes the best government is local
government. Working class people do not have the time
and money to meet face to face with their legislators
in Juneau during session. If a majority of legislators
were living within the community where the session is
held at least every two years, they would have no
choice but to hear from their neighbors, when they
shop in the grocery store, at the gas station, in
local eateries, and in the halls and committee rooms
where the legislature is meeting.
Many people that may serve are put off by the thought
of moving to Juneau for 3-4 months or longer every
year. It narrows down the pool of not only those that
serve in office, but their staff. A legislature that
is responsive to the will of the people they derive
their power from would be a refreshing thing. COVID
has exacerbated it even worse. The capitol was locked
down all year in 2021.
The goal is not to move the capitol, nor is it the
goal to move the primary administrative function of
government. The goal is to make lawmakers accessible
and thus accountable to their constituents, during the
critical last year of the session. Continuing to keep
the legislators sequestered in Juneau during session,
where the only real access is an expensive airplane
ticket and high-cost hotels for a person to show up
and visit, allows undue influence to a privileged
class of people and their professional lobbyists and
the administration.
4:33:33 PM
SHONDA ERICKSON, Staff, Senator Mike Shower, Alaska State
Legislature, Juneau, Alaska, presented the sectional analysis
for SB 152 on behalf of the sponsor.
[Original punctuation provided with minor formatting changes.]
Sec 1; Conforming language regarding the location of
session where election fundraising can occur.
Sec 2; Conforming language regarding including a
municipality where the legislature is convened as a
place where a contribution may not be solicited or
accepted while the legislature is convened.
Sec 3; Substantive part of the legislation; Authorizes
Legislative Council to designate a location for the
Anchorage legislative session.
Sec 4; Conforming language regarding the location of
the preceding session.
Sec 5; Conforming language regarding selecting a chief
clerk and secretary in the senate.
Sec 6; Conforming language regarding reimbursement of
moving expenses.
Sec 7; Conforming language regarding lobbyist
registration.
Sec 8; Conforming language regarding where a directory
of lobbyists is placed.
Sec 9; Conforming language regarding where an annual
student guest attends session.
Sec 10; Conforming language regarding location of
essay contest in the statute.
Sec 11; Conforming language in ethics statute using
non geo referenced language changes.
Sec 12; Conforming language in ethics statute about
use of a legislator's office and the location of said
office.
Sec 13; Conforming language using non-geo referenced
language changes in ethics statute about fundraising
events, and the location of said events.
Sec 14; Conforming language making non-geo referenced
language changes in ethics statute about welcome gifts
to the legislature.
Sec 15; Conforming language regarding where an
emergency transfer of seat of government would be held
CHAIR SHOWER highlighted that the bill actually makes very few
changes; much of it reflects conforming changes.
4:37:01 PM
CHAIR SHOWER opened public testimony on SB 152.
4:37:17 PM
WILLY KEPPEL, representing self, Quinhagak, Alaska, testified in
support of SB 152. He opined that there was no need to move the
capital, but there is a need to move the legislature. He said he
just flew from Quinhagak to Anchorage at a cost of $1,000, and
it would be even more expensive to buy another ticket to fly on
to Juneau. He described this as a double cost to visit the
legislature and be able to testify [in person]. He opined that
Alaskans should only have to take one plane to visit the
legislature.
4:39:57 PM
CHAIR SHOWER closed public testimony on SB 152.
He asked Mr. Ogan to talk about the changes he was proposing to
SB 152 and related his intention to adopt a committee substitute
at the next meeting.
4:40:16 PM
SCOTT OGAN, Staff, Senator Mike Shower, Palmer, Alaska,
discussed proposed changes to SB 152 on behalf of the sponsor,
describing them as technical. The original version eliminates
reference to the capital city or Juneau and that term would be
restored, he said.
CHAIR SHOWER asked if he had any comment after hearing the
sectional analysis.
MR. OGAN commented on grocery store politics and opined that
when legislators are in Juneau they are not exposed to their
constituents as they rub elbows at the grocery store. Face to
face encounters elicit topics that might not seem important
enough for a phone call. He described the bill as a good policy
idea.
4:42:49 PM
SENATOR HOLLAND asked if there was a particular reason that the
Municipality of Anchorage was selected as opposed to simply
identifying it as a location other than Juneau.
CHAIR SHOWER said he selected Anchorage because more than half
the legislature resides in the MatSu/Anchorage area, it would
provide the greatest bang for the buck, facilities are readily
available, and Anchorage is a travel hub. He added that he would
be open to any location that is on the road system.
4:44:03 PM
CHAIR SHOWER held SB 152 in committee.
HB 148-ALASKA COORDINATE SYSTEM OF 2022
4:44:11 PM
CHAIR SHOWER announced the consideration of HOUSE BILL NO. 148
am "An Act relating to the Alaska Coordinate System of 2022."
[This was the second hearing and public testimony was noticed.]
He asked the sponsor if he had any comments before he looked to
the will of the committee.
4:44:44 PM
REPRESENTATIVE LADDIE SHAW, Alaska State Legislature, Juneau,
Alaska, sponsor of HB 148, thanked the committee for hearing the
bill, which would help the state in many ways.
CHAIR SHOWER asked if there were any questions for the sponsor.
SENATOR HOLLAND said he views the bill as a technical correction
to advance technology so surveys are more accurate.
4:45:40 PM
CHAIR SHOWER opened public testimony on HB 148 and noted that
Gwen Gervelis was available to respond to questions.
4:46:10 PM
GWEN GERVELIS, Surveys Section Chief, Division of Mining, Land,
and Water, Department of Natural Resources, Anchorage, Alaska,
confirmed that she was available to answer questions.
4:46:34 PM
CHAIR SHOWER discerned that there was nobody in the room or
online who wished to comment and he closed public testimony on
HB 148.
CHAIR SHOWER noted that he had lost a quorum, so he would hold
HB 123 until the next meeting.
HB 123-STATE RECOGNITION OF TRIBES
4:47:11 PM
CHAIR SHOWER announced the consideration of HOUSE BILL NO. 123
"An Act providing for state recognition of federally recognized
tribes; and providing for an effective date."
4:47:47 PM
CHAIR SHOWER opened public testimony on HB 123.
4:48:10 PM
JACQUELYN ARNACIAR BOYER, Policy and Campaign Director, Native
Peoples Action and Native Peoples Action Community Fund, Palmer,
Alaska, stated strong support for HB 123. She said state
recognition of federally recognized tribes in Alaska through
legislative action is long overdue. It will heal and validate
the legitimacy of Native people in Alaska and the federally
recognized tribes to which they belong. It will mean so much,
she said.
4:49:38 PM
SHARON HILDEBRAND, Village Outreach Liaison, Doyon Limited,
Fairbanks, Alaska, testified in support of HB 123 on behalf of
Doyon Limited and as a tribal member of the Native Village of
Nulato that is located on the banks of the Yukon River. She
shared that she told her sons that she loved them before they
left for school. She does that because simple statements of
recognition do make a difference. If the state were to recognize
the tribes in Alaska, it would make a difference.
MS. HILDEBRAND related that Doyon Limited is celebrating its
50th anniversary this year as one of the original 13 Native
corporations established under the terms of the Alaska Native
Claims Settlement Act (ANCSA). The tribes have been instrumental
in making ANCSA a success. She highlighted that tribal powers
have been recorded throughout history. She recounted that in
early 1915 Judge Wickersham met with tribal chiefs from the
Interior to discuss issues of encroachment. He came to the
meeting in support of forming a reservation system in Alaska.
However, he listened to everybody who spoke and ultimately
supported the notion that tribes need to participate in their
relationship with the government to acquire medical,
educational, and employment opportunities. The reservation
system that Judge Wickersham initially supported was not
implemented because he chose to listen to the tribes. That made
a difference; telling her sons she loves them makes a
difference; and it will make a difference if the legislature
recognizes the 229 tribes in Alaska. It will make a difference
in her sons' future.
4:52:43 PM
LISA RUSH, Alaska Black Caucus (ABC), Anchorage, Alaska,
testified in support of HB 123. She stated that ABC advocates
for Black, indigenous, and other people of color to eliminate
all forms of racial prejudice and keep people aware of the
adverse effects of racial, educational, political, and economic
discrimination. She encouraged the committee and entire Senate
to pass HB 123 to require the state to formally recognize the
sovereign status of the 229 federally recognized tribes in
Alaska. She said this is a first step in unlocking Alaska's
problem-solving potential. The state and tribes can then
leverage their combined status to tackle the challenges facing
the state and enhance the lives of all Alaskans.
4:55:12 PM}
ALMERIA ALCANTRA, representing self, Palmer, Alaska, testified
in support of HB 123. She stated that her family has lived on
Ahtna land near what is known as Palmer for ten thousand years.
She grew up in the culture and learned from elders and family.
She said she wants to ensure that her children and all future
generations have access to traditional knowledge and ways of
life and that their history, culture, communities, government,
and relationship to the state are recognized. She said that
acknowledging tribal sovereignty and rights will create a safe
and sustainable future for the next generations.
4:56:20 PM
JANINE AVNER, President, Board of Directors, Baan O Yeel Kon
Corporation, Fairbanks, Alaska, stated that she was also
representing herself as an Athabaskan, Koyukon, and a Rampart
Village tribal member in the Doyon region. As a practicing
attorney she has worked with numerous entities on governance
issues and today she was advocating for passage of HB 123, which
would compel the State of Alaska to recognize the 229 federally
recognized tribes in Alaska. It is time for the state to
formalize and codify this recognition. It will bring clarity and
transparency, which is the vehicle for better communication,
partnership building, and better outcomes in all sectors. The
bottom line is that everyone wants to make a positive
difference. Ownership brings excellence as evidenced by the
success of the extraordinary tribal healthcare system in Alaska.
Having a voice and representation at the table will also bring
into focus the hardships Native communities face and the
services and infrastructure that are needed. Self-governance is
already taking place but it needs legitimacy. Some partnerships
with the state have been good and it is time to build on and
expand those in all departments.
MS. AVNER offered her belief that this is a pivotal time in the
country's history and it was time to listen and respect each
other and work together. Alaska tribes are competing daily with
tribes in the Lower 48 for federal funding and state support
would help to balance the scale. HB 123 is a win-win and could
be a game-changer for the state.
5:00:49 PM
EDEN ROMEO, representing self, Anchorage, Alaska, testified in
support of HB 123. She said she was pleased to see such support
for tribal recognition when HB 123 passed the House because she
believes that the recognition is an inherent sovereignty of
Alaska's 229 federally recognized tribes. It is long overdue.
Alaska's indigenous people have practiced their own cultures and
self-governance for time immemorial. The federal government has
recognized 574 tribes, including the 229 tribes in Alaska, but
the state recognizes none of these tribes as a sovereign. HB 123
recognizes tribes but it does not change any legal rights. State
recognition carries weight and will open opportunities for
federal funding and the potential for government-to-government
relationships. She concluded that the state has nothing to lose
by recognizing the inherent sovereignty of tribes in Alaska and
it is a little frustrating that this is not already policy. She
urged the committee to pass HB 123.
5:03:05 PM
CARRIE STEVENS, representing self, Fairbanks, Alaska, testified
in support of HB 123. She stated that HB 123 provides for the
wellness of all Alaskans. It creates a path forward of healing
and working together for the unified wellness of place and
people. She clarified that the bill does not give any new
status, legal authority, jurisdiction, funding, or rights to the
existing federally recognized tribes in Alaska. She urged the
members to reach out to UAF faculty, of which she is a member,
for more information on such issues. She highlighted that tribal
governments bring over $2 billion to the state each year in
health care and Bureau of Indian Affairs funding. This money
could be used to build a stronger Alaska together, she said.
Over $11 million was for climate resilience. Working together is
a path forward for all Alaska's children. The bill is about
recognition; it does not create any new jurisdictions. It
represents hope for all Alaska citizens and true recognition of
the First Alaskans.
5:05:09 PM
DELORES LARSON, representing United Tribes of Bristol Bay
(UTBB), Koliganek, Alaska, stated that UTBB's mission is to
protect the cultures and traditional ways of life of the Yupik,
Alutiiq, and Dena'ina people. It represents 15 tribal
governments and more than 80 percent of the population of
Bristol Bay. On behalf of UTBB, she voiced full support for HB
123 and the formal recognition of the 229 federally recognized
tribes in Alaska. This would allow the governments to work
cooperatively to better serve all Alaskans in the challenging
areas of public safety, health care, education and housing,
among others. Not recognizing tribes is a disservice to all
citizens. She pointed out that the inherent sovereignty of
Alaska's tribes was not granted by federal or state action
because it predates these governments. However, state
recognition of Alaska's tribes would acknowledge the added
strength of working together. She urged the committee to support
this landmark step and pass HB 123.
5:08:01 PM
MARGARET TARRANT, representing self, Anchorage, Alaska,
testified in support of HB 123. She stated that she is a tribal
citizen of the Mandan, Hidatsa, and Arikara nations of North
Dakota and the mother of Inupiaq children. She reported that she
grew up on the East Coast and witnessed first-hand the benefits
of state recognition of tribal nations when she visited her
sister-in-law's family that is part of the Shinnecock Indian
Nation of Long Island, New York. At the time the federal
government did not recognize these tribal nations but state
recognition made it possible for the nations to access federal
funding for educational, judicial, and health programs. Her
nieces and nephews were able to go to their own school and learn
about the history and culture of the Shinnecock Nation. Both a
health clinic and community center were built. Because of the
support from the State of New York, she has great-nieces and
great-nephews who know who they are and where they come from.
She questioned why the state did not recognize its tribes when
it would enable Alaska Natives to access programs that would
help preserve what culture they have left. She urged the
legislature to give her Inupiaq children the same opportunities
that indigenous children in other states enjoy.
5:10:22 PM
RHONDA PITKA, Chief, Village of Beaver, Beaver, Alaska, stated
support for HB 123 on behalf of the Beaver Village Council. She
described the legislation as an important step forward for the
state and tribal governments. She said the state has treated
tribal recognition differently from administration to
administration which led to a schizophrenic and often volatile
relationship between the state and tribal entities. In 1990,
Governor Steve Cowper issued Administrative Order 123
recognizing tribes in Alaska and Governor Walter Hickel
rescinded the order. Thereafter, Governor Tony Knowles
recognized tribes in Administrative Order 186 and through an
agreement that was intended to establish a lasting government-
to-government relationship with Alaska's sovereign tribes. The
three subsequent governors simply ignored both the Executive
Order and the agreement. In 2017 the attorney general in the
Walker administration analyzed the issue and found that tribes
do exist in Alaska and are governments with inherent
sovereignty. She pointed out that Alaska tribes have already
contributed to solutions on the issues related to health care,
public safety, child welfare, hunting and fishing, and food
security. Passing HB 123 will show the rest of the nation how
tribes in Alaska and the State of Alaska can work together for
the betterment of their citizens.
5:13:12 PM
BROOKE WOODS, representing self, Rampart, Alaska, testified in
support of HB 123. She described HB 123 as an important step in
strengthening the partnership between Alaska Native tribes and
the State of Alaska. It recognizes and enhances the ability of
tribes to continue the tradition of providing vital resources to
the state. With state recognition and support, tribes find more
support for their governmental and judicial activities. She said
the legislation does not change the status of tribes, but it
would affect the tumultuous relationship between the state and
its 229 federally recognized tribes. Passing the bill will show
tribal citizens that the state recognizes not just the problems,
but also the successes. It will force acknowledgment that tribes
in Alaska are leading the country in healthcare and that they
are working to retain Native languages and their intimate
knowledge of the land, rivers, animals, and fish. She urged the
committee to pass HB 123 in its current form.
5:15:14 PM
ROSE O'HARA-JOLLEY, representing self, Fairbanks, Alaska,
testified in support of HB 123. She said state recognition will
strengthen the existing government-to-government relationship.
She expressed appreciation for the stewardship of the land
called Alaska since time immemorial. Tribal recognition is one
step in ensuring that everyone works together to care for the
place that all Alaskans call home. She restated support for HB
123 and expressed hope that the committee would too.
5:16:14 PM
DEWEY HOFFMAN, Tribal Government and Client Services Deputy
Director, Tanana Chiefs Conference (TCC), Fairbanks, Alaska,
testified in support of HB 123. He stated that TCC is an Alaska
tribal health and social services consortium that provides a
unified voice to advance sovereign tribal governance through
promotion of physical and mental wellness, education,
socioeconomic development and culture of the Interior Alaska
Native community. He related that he was also offering testimony
on behalf of the Alaska Regional Coalition, which is a
consortium of four Alaska Native tribal nonprofits and one
regional tribe. Altogether, ARC represents about 160 communities
and 65,000 people. He explained that each tribe is a distinct
tribal government entity that works to define local goals and
priorities and build capacity. He said the policy of self-
determination is a powerful tool to define and meet ongoing
needs of tribes. Tribes work together to promote healing,
responsive planning and educational efforts. He stated full
support for HB 123 and the long-standing efforts to strengthen
the relationship between Alaska Native tribes and the State of
Alaska.
5:18:13 PM
MICHAEL GARVEY, Advocacy Director, American Civil Liberties
Union (ACLU) of Alaska, Anchorage, Alaska, testified in support
of HB 123. He stated that all people in the U.S. are entitled to
their constitutional rights and indigenous people also have the
right to tribal self-governance. He described HB 123 as an
overdue step to correct the state's history of denying the
existence of tribes. The tribes in Alaska have governed their
communities for millennia, yet state law still reflects the era
when Alaska denied the legitimacy of tribal governments.
Formally recognizing the tribes in Alaska in statute is a step
toward reconciliation and will allow state law to reflect their
inherent sovereignty. HB 123 is also good policy. It offers an
opportunity for Alaska to build a better relationship between
state government and tribes. The government-to-government
partnership will benefit the entire state. He stated particular
support for partnerships to further community health and safety
and work toward reducing the disproportionate rate of Alaska
Natives who are incarcerated. With an equal seat at the table,
Alaska Native leadership can help the state tackle these and
other long-standing issues. He restated support for HB 123.
5:20:19 PM
WILLY KEPPEL, representing self, Quinhagak, Alaska, stated total
opposition to HB 123 because it contains the word "sovereignty."
He opined that means that every Alaska Native who lives in the
Bush loses their right to use state courts to settle disputes
and challenge tribal courts. He charged that on the Yukon-
Kuskokwim Delta, the court routinely banished people from their
village and sent them to Bethel, Fairbanks, or Anchorage where
they became homeless. He stated support for tribes and villages
working together and then said the bill needs language that
gives Native children "American" rights. He concluded saying,
"This reservation status is a bad, bad idea."
5:22:05 PM
CHAIR SHOWER closed public testimony on HB 123 and held the bill
for future consideration.
5:23:13 PM
There being no further business to come before the committee,
Chair Shower adjourned the Senate State Affairs Standing
Committee meeting at 5:23 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 152 Sectional Analysis 1.pdf |
SSTA 2/15/2022 3:30:00 PM |
SB 152 |
| SB 152 sponsor statement 1.pdf |
SSTA 2/15/2022 3:30:00 PM |
SB 152 |
| sb136 non support emails.pdf |
SSTA 2/15/2022 3:30:00 PM |
SB 136 |
| SB 152 32-LS1306-B work draft.pdf |
SSTA 2/15/2022 3:30:00 PM |
SB 152 |
| I support SB136 7 emails.pdf |
SSTA 2/15/2022 3:30:00 PM |
SB 136 |
| fiscal note 2022.pdf |
SSTA 2/15/2022 3:30:00 PM |
HB 148 |
| SB 136 EMAILS OF SUPPORT 40 TOTAL.pdf |
SSTA 2/15/2022 3:30:00 PM |
SB 136 |
| SB 136 EMAILS OF SUPPORT 38 TOTAL.pdf |
SSTA 2/15/2022 3:30:00 PM |
SB 136 |
| sb136 support emails.pdf 44.pdf |
SSTA 2/15/2022 3:30:00 PM |
SB 136 |
| I support SB136 7 emails.pdf |
SSTA 2/15/2022 3:30:00 PM |
SB 136 |
| AK SB 136 - NRA Testimony - Emergency Powers - SUPPORT 2-31-22.pdf |
SSTA 2/15/2022 3:30:00 PM |
SB 136 |
| HB 123 support emails 3.pdf |
SSTA 2/15/2022 3:30:00 PM |
HB 123 |
| SB 136 3 e mails of support.pdf |
SSTA 2/15/2022 3:30:00 PM |
SB 136 |