03/04/2025 03:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Presentation: Andvsa- Alaska's Support for Those Experiencing Sexual and Domestic Violence | |
| SB40 | |
| SJR10 | |
| SJR6 | |
| SCR1 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 40 | TELECONFERENCED | |
| += | SJR 10 | TELECONFERENCED | |
| += | SJR 6 | TELECONFERENCED | |
| *+ | SCR 1 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
March 4, 2025
3:33 p.m.
MEMBERS PRESENT
Senator Scott Kawasaki, Chair
Senator Jesse Bjorkman, Vice Chair
Senator Bill Wielechowski
Senator Elvi Gray-Jackson
Senator Robert Yundt
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
PRESENTATION: ANDVSA- ALASKA'S SUPPORT FOR THOSE EXPERIENCING
SEXUAL AND DOMESTIC VIOLENCE
- HEARD
SENATE BILL NO. 40
"An Act establishing the period between September 15 and October
15 of each year as Hispanic Heritage Month."
- MOVED SB 40 OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 10
Encouraging the United States Congress to award Hmong veterans
of the Vietnam War the Congressional Gold Medal.
- MOVED SJR 10 OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 6
Supporting the admittance of Washington, D.C., into the Union as
a state of the United States of America.
- MOVED SJR 6 OUT OF COMMITTEE
SENATE CONCURRENT RESOLUTION NO. 1
Relating to the procedure that the Thirty-Fourth Alaska State
Legislature will use to reconsider bills and items vetoed by the
governor.
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 40
SHORT TITLE: HISPANIC HERITAGE MONTH
SPONSOR(s): SENATOR(s) GRAY-JACKSON
01/17/25 (S) PREFILE RELEASED 1/17/25
01/22/25 (S) READ THE FIRST TIME - REFERRALS
01/22/25 (S) STA
02/25/25 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
02/25/25 (S) Heard & Held
02/25/25 (S) MINUTE(STA)
03/04/25 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
BILL: SJR 10
SHORT TITLE: HMONG VETERANS; CONGRESSIONAL GOLD MEDAL
SPONSOR(s): SENATOR(s) WIELECHOWSKI
02/20/25 (S) READ THE FIRST TIME - REFERRALS
02/20/25 (S) STA
02/25/25 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
02/25/25 (S) Heard & Held
02/25/25 (S) MINUTE(STA)
03/04/25 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
BILL: SJR 6
SHORT TITLE: WASHINGTON D.C. STATEHOOD
SPONSOR(s): SENATOR(s) TOBIN
01/24/25 (S) READ THE FIRST TIME - REFERRALS
01/24/25 (S) STA, JUD
02/25/25 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
02/25/25 (S) Heard & Held
02/25/25 (S) MINUTE(STA)
03/04/25 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
BILL: SCR 1
SHORT TITLE: ART. II, SEC. 16, CONST: VETO RECON
SPONSOR(s): SENATOR(s) CLAMAN
01/24/25 (S) READ THE FIRST TIME - REFERRALS
01/24/25 (S) STA, JUD
03/04/25 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
BRENDA STANFILL, Executive Director
Alaska Network on Domestic Violence and Sexual Assault (ANDVSA)
Juneau, Alaska
POSITION STATEMENT: Provided slides on Alaska's support for
those experiencing sexual and domestic violence.
KEELEY OLSON, Executive Director
Standing Together Against Rape (STAR)
Anchorage, Alaska
POSITION STATEMENT: Provided slides on Alaska's support for
those experiencing sexual and domestic violence.
RANDI BREAGER, Executive Director
Alaska Women's Aid in Crisis (AWAIC)
Anchorage, Alaska
POSITION STATEMENT: Provided slides on Alaska's support for
those experiencing sexual and domestic violence.
EILEEN ARNOLD, Executive Director
Tundra Women's Coalition (TWC)
Bethel, Alaska
POSITION STATEMENT: Provided slides on Alaska's support for
those experiencing sexual and domestic violence.
JOSHUA MCHOES, Staff
Senator Bill Wielechowski
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified in support of SJR 10.
REPRESENTATIVE DAVID NELSON, District 18
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified in support of SJR 10.
MIKE MASON, Staff
Senator Loki Tobin
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided a recap for SJR 6.
WENDY HAMILTON, Reverend
Washington, D.C.
POSITION STATEMENT: Testified by invitation on SJR 6.
SENATOR MATT CLAMAN, District H
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SCR 1.
DOUG GARDNER, representing self
Olympia, Washington
POSITION STATEMENT: Testified by invitation on SCR 1.
ED MARTIN, representing self
Kenai, Alaska
POSITION STATEMENT: Testified with concerns on SCR 1.
ACTION NARRATIVE
3:33:50 PM
SENATOR GRAY-JACKSON, acting as chair, called the Senate State
Affairs Standing Committee meeting to order at 3:33 p.m. Present
at the call to order were Senators Bjorkman, Gray-Jackson, and
Yundt. Senator Wielechowski and Chair Kawasaki arrived shortly
thereafter.
SENATOR GRAY-JACKSON handed the gavel to Vice Chair Bjorkman at
3:34 p.m.
^PRESENTATION: ANDVSA- ALASKA'S SUPPORT FOR THOSE EXPERIENCING
SEXUAL AND DOMESTIC VIOLENCE
PRESENTATION: ANDVSA- ALASKA'S SUPPORT FOR THOSE EXPERIENCING
SEXUAL AND DOMESTIC VIOLENCE
3:35:33 PM
CHAIR BJORKMAN announced the Presentation: ANDVSA- Alaska's
Support for Those Experiencing Sexual and Domestic Violence.
3:35:50 PM
CHAIR KAWASAKI and Senator Wielechowski joined the meeting.
3:36:05 PM
VICE CHAIR BJORKMAN handed the gavel to Chair Kawasaki.
3:36:24 PM
BRENDA STANFILL, Executive Director, Alaska Network on Domestic
Violence and Sexual Assault (ANDVSA), Juneau, Alaska, provided a
presentation on Alaska's Support for those Experiencing Sexual
and Domestic Violence and moved to slide 3, History of the
Movement:
[Original punctuation provided.]
History of the Movement
1976 - concerned women who saw the need for services
for battered women and victims of rape established the
Alaska Women's Resource Center in Anchorage- Rape
rates in Alaska were 2x that of the US average.
Domestic violence was not yet a crime.
1977 - State's first shelter was established in
Anchorage - followed by Fairbanks, Juneau, Kenai,
Nome, Bethel, Kodiak, and Ketchikan.
1980 Formed the Alaska Network on Domestic Violence
and Sexual Assault Non-profit membership
organization made up of direct service providers.
1981- In Alaska, general funds for shelters increased
to 1.8 million and the Council on Domestic Violence
and Sexual Assault was formed first statutory
purpose - create, support and maintain direct service
providers across the state to assist victims of
domestic violence and sexual assault.
Mid 1990's Criminalization of DV, Mandatory arrest
laws, and passage of first Violence Against Women act
in Congress.
3:39:46 PM
MS. STANFILL moved to slide 4, Why Safe Shelter and Supports,
and stated that safe shelters were started because domestic
violence was deadly for both women and men. She said in 1975,
men and women were dying at similar rates, sometimes victims
acted in self-defense. She stated that when shelters opened,
male deaths declined, likely because victims had an alternative
to violence. Women's deaths didn't drop until the 1990s, when
accountability measures were added. The lesson: one strategy
isn't enough; multiple approaches are needed.
3:40:51 PM
MS. STANFILL moved to slide 5, Not all Domestic Violence is a
criminal act and stated that her agency found that not all
domestic violence is criminal. Tactics like emotional or
economic abuse, denial, and blame, known as coercive control,
aren't crimes on their own but are still harmful. She said while
police can't act, support agencies can help those affected.
3:41:31 PM
MS. STANFILL moved to slide 6 and stated that only about 30
percent of domestic violence victims report domestic violence
and 70 percent don't report domestic violence, but many victims
seek help from support programs.
3:41:46 PM
MS. STANFILL moved to slide 7 and stated that from ANDVSA's
experience, the agency learned that providing shelter and
support is only part of the solution. She said to truly reduce
violence, people must also focus on accountability and
prevention approaches that proved effective during the five-year
Choose Respect campaign.
3:42:11 PM
MS. STANFILL moved to slide 8, Changes Over Time 2010-2020, and
stated that in 2010, a needs assessment showed where ANDVSA
stood on intimate partner violence. By 2015, focused efforts in
intervention, prevention, and accountability reduced lifetime
rates from 47.6 percent to 40.4 percent, and the past-year rates
dropped from 9.4 percent to 6.4 percent. She said that after
2015 top-level support for the Choose Respect campaign faded and
slowed. Although past-year rates rose slightly in the 2020
assessment, overall there was steady proof that continued
intervention helps maintain gains.
3:43:30 PM
MS. STANFILL moved to slide 9 and showed a map of the 24
providers of safe and support shelters in Alaska.
3:43:42 PM
MS. STANFILL moved to slide 10 and stated that the list shows
all of the services the safe shelters provide.
3:43:58 PM
KEELEY OLSON, Executive Director, Standing Together Against Rape
(STAR), Anchorage, Alaska, presented informational slides on
STAR and moved to slide 11. She said at the core of STAR's
program is a 24/7 statewide sexual assault crisis line. STAR
provides crisis intervention, advocacy, long-term support,
counseling, and case management. She said while STAR also offers
community prevention and education, today's focus is on
intervention.
3:44:31 PM
MS. OLSON moved to slide 12, Crisis Line, and stated that the
crisis line is staffed by STAR staff during business hours and
by trained volunteers after hours, weekends, and holidays. STAR
has 39 active volunteers with some having over 20 years of
experience, who provide support, resources, referrals, and help
connect with community partners.
3:45:14 PM
MS. OLSON moved to slide 13, Who Calls the Crisis Line, and
stated that the crisis line is used by survivors, loved ones,
potential and current clients, law enforcement, nurses, clinics,
ER staff, counselors, and community partners seeking support or
next steps for getting more support. The crisis line is also a
key contact point for the staff of STAR.
3:45:49 PM
MS. OLSON moved to slide 14, What is a SART, and stated that
STAR's coordinated community response, called Sexual Assault
Response Team (SART), includes law enforcement, forensic nurses,
and advocacy. She said in Anchorage, that's typically APD,
troopers, or military police, with nursing services from
Providence and STAR. STAR also offers anonymous reporting,
required by Violence Against Women Act (VAWA) since 20092010,
for survivors uncomfortable about reporting assault. Forensic
evidence may be collected within 7 days and preserved, allowing
survivors to decide later whether to involve law enforcement.
She said STAR explains the pros and cons of reporting options.
She said victim's are informed that there are three crime scenes
- the victim's body, the location of the assault, and the
offender's body- and that waiting to report can result in loss
of evidence. She stated that viable prosecutions have occurred
through anonymous victim reporting (AVR). AVR allows advocacy to
wrap services around the survivor.
3:48:38 PM
MS. OLSON moved to slide 15, Direct Services Advocacy, and
stated that STAR's advocacy services include personalized safety
planning, legal support (both civil and criminal), counseling,
and financial aid. STAR helps with protective orders, court
accompaniment, and connect clients to pro bono legal help,
housing support, and more. For criminal cases, STAR attends all
key court events. She said STAR offers one-on-one sessions,
support through reporting, and emergency aidlike fixing damage
from an assailant or covering rent if the primary earner is
arrested. She stated that all services are client-driven and
focused on helping them meet their goals.
3:51:17 PM
SENATOR BJORKMAN stated that some of his constituents have
contacted him with concerns about trial delays. The constituents
have been victims in some form, and communication with
prosecutors has been inconsistent. He inquired about STAR's
experience regarding individuals encountering delayed justice
from the department of law and the courts.
3:51:57 PM
MS. OLSON answered that pretrial delays are a serious concern.
Despite research and recommendations, none have been
implemented, mostly due to defense requests. She said delays
hurt evidence and victims, only the defendant benefits. She said
as recent reports show people and witnesses can die waiting for
justice, and key investigators may retire or move, weakening the
case.
3:53:16 PM
SENATOR BJORKMAN asked if the trial delays are requested by
defense counsel.
3:53:28 PM
MS. OLSON answered yes.
3:53:31 PM
SENATOR BJORKMAN asked who made the suggestions from the studies
and are the suggestions listed in a report somewhere.
3:53:43 PM
MS. OLSON answered that the suggestions are in the Phoenix
Report, presented to the State Justice Commission in 2009 and,
she believes the report is funded by the state. She said other
studies may exist, but that's the primary one.
3:54:15 PM
MS. OLSON moved to slides 16 and 17, Direct Services Advocacy
Data FY24, and stated that last year, STAR served 542 people,
with numbers rising this year. She said of those people 439 were
on-scene crisis responses through SART, anonymous reporting, or
ER visits when patients were too injured to transfer to a STAR
facility. She said each case averages six to eight hours of
response time. STAR focuses on client choice and empowerment
throughout the process. With just six full-time and 11 on-call
advocates available 24/7, it's a heavy workload. STAR also
provides ongoing case management and legal advocacy, including
court support and crisis line follow-up.
3:56:26 PM
RANDI BREAGER, Executive Director, Alaska Women's Aid in Crisis
(AWAIC), Anchorage, Alaska, presented informational slides on
AWAIC. She stated that Domestic violence advocacy in Alaska is
mostly community-based, meaning AWAIC supports victims directly,
separate from the criminal justice system. Unlike prosecutors,
who focus on public safety, AWAIC offers confidential support
protected by state law. AWAIC meets basic needs like housing,
food, and childcare to help victims stay safe and engaged in
long legal processes. In Anchorage, STAR handles sexual
violence, and AWAIC handles domestic violence, unlike other
areas where programs cover both.
3:59:41 PM
MS. BREAGER moved to slide 19, Mission, and stated that AWAIC's
mission is to provide domestic violence safe shelter,
intervention, and prevention.
4:00:00 PM
MS. BREAGER moved to slide 20, AWAIC History and Services, and
stated that last year, over 1,000 people came through AWAIC's
doors, and AWAIC provided nearly 16,000 safe bed nights. Another
320 received services like transitional housing, legal advocacy,
and other support.
4:00:37 PM
MS. BREAGER moved to slide 21, AWAIC services and stated that
AWAIC has a full range of services, starting with low-barrier
emergency shelter. As clients heal, they can move to
transitional housing like Harmony House or, if chosen, permanent
independent housing. She said she is the incoming board vice-
president VP of Alaska Society of Prevention to the Cruelty of
Animals (SPCA) because of the link between animal abuse and
domestic violence. AWAIC runs a safe haven housing program for
pets, since children and pets often influence victims' decisions
to stay or leave abusive homes. She said besides housing, AWAIC
provides a 24-hour crisis line, education, support groups,
counseling referrals, case management (even without shelter
residency), and financial aid. She said AWAIC Alaska Domestic
Violence and Sexual Assault Intervention Program (ADVSAIP),
partnered with the Municipal Prosecutor's Office, to help keep
victims engaged in the criminal justice system by meeting basic
needs.
4:02:50 PM
MS. BREAGER moved to slide 22, Funding Sources FY25 Budget, and
stated that she wanted to note AWAIC's funding is different from
other state programs with mostly federal pass-through grants,
making up 71 percent of the budget. She said any federal funding
issues greatly impact AWAIC.
4:03:45 PM
EILEEN ARNOLD, Executive Director, Tundra Women's Coalition
(TWC), Bethel, Alaska, provided slides on TWC information. She
stated that TWC is a dual domestic violence and sexual assault
agency servicing the Yukon-Kuskokwim (YK) Delta region.
4:04:08 PM
MS. ARNOLD moved to slide 24, History, and stated that TWC
provides all the same services as urban programs just with the
added challenges of running the program in rural areas, which
are harder, costlier, and more complex. TWC also has a
children's advocacy center. She said TWC has operated since
1978, starting in a Quonset hut. In 2009, TWC built the largest
Alaska shelter that is secure, comfortable and has space for 43
people to accommodate the higher rates of domestic and sexual
violence in Western Alaska.
4:05:13 PM
MS. ARNOLD moved to slide 25, Classic Services, and stated that
TWC offers core services like shelter, on average 10,000 nights
a year, transitional housing, and a multi-disciplinary team for
adult and child sexual assault cases, that include about 6070
adults and 200+ youth cases annually. She said the legal
advocacy program supports around 140 people with protective
orders, court help, and the Violent Crimes Compensation Board
(VCCB). As a community-based organization, TWC adapts to what
the community and survivors need. TWC is proud to have supported
children through their programs, into teenage years, and
eventually hired them as staff. TWC's services grow based on
identified needs.
4:06:29 PM
MS. ARNOLD moved to slide 26, Sexual Assault Response Team
(SART), and stated that typically, survivors must travel to
Bethel for care. To reduce that burden, TWC expanded services to
five larger villages, so people don't have to choose between
catching a flight or preserving evidence in poor weather.
Through Tel-a-SAFE and sub-regional clinics, TWC is improving
access, though staffing remains a challenge. She said TWC also
responds to frequent strangulation cases and has two on-site
clinics: one for Children's Advocacy Center (CAC) medical needs,
especially for village children who lack regular care, and
another for shelter residents. CAC offers private, convenient
care, especially valuable in a small community where going to
the hospital can feel unsafe or embarrassing. She stated that
staff and their children also use this service.
4:08:28 PM
MS. ARNOLD moved to slide 27 and stated that TWC prioritizes
input from those who've used their services to shape how TWC
designs and improves them.
4:08:55 PM
MS. ARNOLD moved to slide 28 and stated that TWC focuses heavily
on healing, since TWC can't control whether cases are reported,
charged, or prosecuted. TWC has invested in wellness, with an
on-site clinician available for drop-ins. TWC also offers
subsistence activities like hunting, fishing, sewing, and
gathering. These activities provide comfort, connection, and a
chance to heal and thrive beyond victimization. The activities
are among the most popular and meaningful services.
4:09:56 PM
MS. ARNOLD moved to slide 29 and stated that many choose a
violent relationship over homelessness. She said TWC has seen
people return to the shelter repeatedly due to lack of options,
so TWC invested in solutions. TWC broke ground on permanent
supportive housing and opened the Tundra Youth Home for ages 18
24. The housings first model worked with the local jail
reporting repeat inmates not returning to jail after moving into
stable housing. As a community-based agency, TWC serves their
own families and neighbors. That's why TWC builds housing to
reduce harm and meet real, local needs with compassion and
purpose.
4:11:34 PM
MS. ARNOLD moved to slide 30 and stated that TWC runs a thrift
store, reflecting Bethel's high cost of living. The thrift store
started in a small blue shack and now operates in a slightly
better gray one. She said the thrift store is widely used by the
whole community, including doctors who are looking for
affordable items like jackets left behind by others who've moved
away.
4:12:08 PM
MS. ARNOLD moved to slide 31 and read the following:
[Original punctuation provided.]
A Snapshot: April 7th, 2024 from Midnight to Midnight
-17 women and 24 children in our shelter,
-Transitional housing for three women six children,
-Three non-resident adults with three children were
helped with housing vouchers,
-One survivor of sexual assault got updates on her
legal case from our staff,
-8 youth attended our TAV program.
-28 cases were reviewed by the multi-disciplinary team
(MDT) member at the CAC case review.
-A SART call out happened at five o'clock.
-Local law enforcement dropped off a mom with a baby
at the shelter around 11 o'clock PM.
-And 12 full time staff came to work, and eight of
whom are survivors of interpersonal violence
themselves.
4:13:16 PM
CHAIR KAWASAKI asked what Telesafe does.
4:13:30 PM
MS. ARNOLD answered that TWC received a federal grant from the
Office of Victims of Crime, joining three other states in
addressing a national issue: many hospitals lack trained
forensic examiners. She said in sub-regional clinics TWC placed
a picture taking device called Cortex Flow so Bethel providers
can remotely guide evidence collection. The challenge is
staffing with only a few medical providers wanting to live in
remote areas. She said now TWC is training itinerant providers
to carry mobile units when visiting villages, so providers can
collect evidence if an assault occurs. She said this approach
helps overcome travel barriers that often prevent survivors from
reporting.
4:15:17 PM
CHAIR KAWASAKI stated that regarding funding, one of the earlier
slides showed about 40 percent funding from federal sources, 30
percent from the state, and the rest from local government or
smaller contributions. He asked if ANDVSA knows what the next
few years looks like for filling the gaps caused by limited
funding.
4:15:59 PM
MS. STANFILL answered that right now, federal funding is
uncertain, but grants ADNVSA normally applies for in March
aren't even open to be written. She said in a typical year,
victim services funding in Alaska has sharply declined from $9.5
million to about $2 million. While the state added $3.7 million
last year to the general fund, ADNVSA still faces a $4.2 million
shortfall next year to fund the core services. She said this is
a 25 percent cut, which many programs can't survive. She said
the Council on Domestic Violence and Sexual Assault may be
forced to close some of the 24 existing programs. Since ANDVSA
isn't asking for funding this year, so there maybe support for
the Child Advocacy Centers that are struggling. ANDVSA hopes to
seek funding help next year.
4:19:16 PM
At ease.
SB 40-HISPANIC HERITAGE MONTH
4:20:54 PM
CHAIR KAWASAKI reconvened the meeting and announced the
consideration of SENATE BILL NO. 40 "An Act establishing the
period between September 15 and October 15 of each year as
Hispanic Heritage Month."
4:22:47 PM
CHAIR KAWASAKI solicited the will of the committee.
4:22:51 PM
SENATOR BJORKMAN moved to report SB 40, work order 34-LS0077\N,
from committee with individual recommendations and attached zero
fiscal note(s).
4:23:10 PM
CHAIR KAWASAKI found no objection and SB 40 was reported from
the Senate State Affairs Standing Committee.
SJR 10-HMONG VETERANS; CONGRESSIONAL GOLD MEDAL
4:23:29 PM
CHAIR KAWASAKI announced the consideration of SENATE JOINT
RESOLUTION NO. 10 Encouraging the United States Congress to
award Hmong veterans of the Vietnam War the Congressional Gold
Medal.
4:23:53 PM
SENATOR WIELECHOWSKI stated that SJR 10 urges Congress to award
the Congressional Gold Medal to Hmong veterans of the Vietnam
War, similar to the recognition given to Filipino World War II
veterans for their bravery and sacrifice. SJR 10 outlines the
details of why the State of Alaska should honor the Hmong
veterans. He stated that SJR 10 is a bipartisan effort at both
the state and federal levels.
4:24:44 PM
JOSHUA MCHOES, Staff, Senator Bill Wielechowski, Alaska State
Legislature, Juneau, Alaska, testified in support of SJR 10 and
stated his belief that the Congressional Gold Medal is well
deserved. Hmong veterans made a significant contribution to the
U.S., and the Hmong community in Alaska is vibrant, active, and
deeply engaged in supporting both Anchorage and their own
members.
4:25:18 PM
CHAIR KAWASAKI opened public testimony on SJR 10.
4:25:41 PM
REPRESENTATIVE DAVID NELSON, District 18, Alaska State
Legislature, Juneau, Alaska, testified in support of SJR 10 and
stated that the sacrifices of Hmong veterans during the Vietnam
War were vital to U.S. efforts and must not be overlooked. He
said after the war, many faced brutal retaliation from a north
Vietnamese army, forcing hundreds of thousands to flee as
refugees. He said 50,000 now live in the U.S., including many in
Alaska, which has the third-largest Hmong population. These
veterans and their families continue to preserve their culture
and contribute to society. He stated that honoring them with the
Congressional Gold Medal is a bipartisan, bicameral effort that
recognizes their legacy. Alaska has long acknowledged their
service, including designating May 15 as Hmong American Veterans
Day.
4:28:06 PM
CHAIR KAWASAKI closed public testimony on SJR 10.
4:28:16 PM
CHAIR KAWASAKI solicited the will of the committee.
4:28:19 PM
SENATOR BJORKMAN moved to report SJR 10, work order 34-LS0618\A,
from committee with individual recommendations and attached zero
fiscal note(s).
4:28:37 PM
CHAIR KAWASAKI found no objection and SJR 10 was reported from
the Senate State Affairs Standing Committee.
SJR 6-WASHINGTON D.C. STATEHOOD
4:29:00 PM
CHAIR KAWASAKI announced the consideration of SENATE JOINT
RESOLUTION NO. 6 Supporting the admittance of Washington, D.C.,
into the Union as a state of the United States of America.
4:29:23 PM
MIKE MASON, Staff, Senator Loki Tobin, Alaska State Legislature,
Juneau, Alaska, provided a recap of SJR 6 and read the
following:
[Original punctuation provided.]
The people that live in our nation's capital have many
of the same rights as you and I. However, they don't
have all the same rights. Senate Joint Resolution 6
seeks to change that.
Right now, the people of Washington, D.C. pay more in
federal taxes per capita than any other state in the
Union despite that fact that they are not fully
represented in Congress. If taxation without
representation is wrong, then the people of
Washington, D.C. are being wronged.
Right now, the people of Alaska are represented by two
U.S. Senators. The people of Washington, D.C. have no
representation in the U.S. Senate. Right now, the
people of Alaska are represented in the U.S. House of
Representatives by a single congressperson with all
the rights and responsibilities of a member of
Congress. Thanks to legislation passed in 1970, the
people of Washington, D.C. are allowed to send a
delegate to Congress. However, that person does not
get to vote on bills, resolutions, and other matters
before Congress. All they can do is talk.
I believe the will of the people that live in
Washington, D.C. is missing from the deliberations and
decisions made in the U.S. Congress. As a result, the
roughly 700,000 people that live in the District of
Columbia are disenfranchised from our federal
government despite that fact that they live in and
around the seat of the federal government.
4:31:08 PM
CHAIR KAWASAKI announced invited and public testimony on SJR 6.
4:31:31 PM
WENDY HAMILTON, Reverend, Washington D.C., testified by
invitation on SJR 6 and stated that this legislation would give
representation in Congress to the 700,000 hardworking, taxpaying
residents of Washington, D.C. She stated that D.C is her home,
she lives, works, volunteers, and raises her family in D.C.,
like many others who contribute to the vibrant community. Yet,
D.C. residents have no vote in Congress, despite paying more
federal taxes per capita than any state and having a larger
population than Vermont or Wyoming. She said the local laws and
the budget can be overturned by Congress, which often uses D.C.
for political battles. D.C. residents have fought in every U.S.
war but still lack full representation. This isn't about
partisanship; it's about fairness and democracy. She stated that
D.C. isn't asking for anything special, just the same
representation every other state enjoys. D.C. statehood is about
giving a voice to Americans who have been denied their voice for
too long.
4:37:19 PM
SENATOR BJORKMAN stated that Washington, D.C. was originally
designed as a square, spanning both sides of the Potomac River.
He asked why Washing D.C is no longer a square and why didn't
Virginia provide the portion of land as originally intended for
the capital.
4:38:07 PM
MS. HAMILTON answered her belief that the founders never
expected hundreds of thousands of people to permanently live in
D.C. but as the population grew, it became clear that D.C. had
to account for those residents outside the federal district. She
said what D.C. is asking for now is representation for those
residents, while still preserving the federal district itself.
4:38:45 PM
SENATOR BJORKMAN asked whether it would be acceptable for
Washington, D.C. residents to gain congressional representation
by becoming part of Maryland, similar to how the Virginia
portion of D.C. was returned to that state.
4:39:09 PM
MS. HAMILTON answered that Maryland is not interested in having
Washington D.C. merge with the state of Maryland. She restated
her previous testimony.
4:41:32 PM
CHAIR KAWASAKI closed invited and public testimony on SJR 6.
4:41:46 PM
SENATOR WIELECHOWSKI asked whether there are any other United
States citizens that pay federal taxes but aren't represented in
Congress.
4:41:57 PM
MR. MASON answered the United States citizens in Puerto Rico.
4:42:30 PM
CHAIR KAWASAKI solicited the will of the committee.
4:42:38 PM
SENATOR GRAY-JACKSON moved to report SJR 6, work order 34-
LS0263\N, from committee with individual recommendations and
attached zero fiscal note(s).
4:42:52 PM
SENATOR BJORKMAN objected.
4:42:53 PM
CHAIR KAWASAKI found the objection was maintained and asked for
a roll call vote.
4:43:21 PM
A roll call vote was taken. Senators Gray-Jackson, Wielechowski
and Kawasaki voted in favor of moving SJR 6 and Senators
Bjorkman and Yundt voted against it. The vote was 3:2.
4:44:22 PM
CHAIR KAWASAKI announced that SJR 6 was reported from committee
on a vote of 3 yeas and 2 nays.
4:44:34 PM
At ease.
SCR 1-ART. II, SEC. 16, CONST: VETO RECON
4:45:12 PM
CHAIR KAWASAKI reconvened the meeting and announced the
consideration of SENATE CONCURRENT RESOLUTION NO. 1 Relating to
the procedure that the Thirty-Fourth Alaska State Legislature
will use to reconsider bills and items vetoed by the governor.
4:45:37 PM
SENATOR MATT CLAMAN, District H, Alaska State Legislature,
Juneau, Alaska, sponsor of SCR 1, introduced his legislation:
[Original punctuation provided.]
Senate Concurrent Resolution 1 relates to Article II,
Section 16 of the Alaska Constitution, which is the
section that governs the legislature's "action upon
veto," to use the formal title of the section.
This resolution originated in January of 2024,
following the Governor's veto of $87 million in public
education funding from the FY 24 budget in June of
nd
2023. Upon convening the second session of the 32
legislature, the House of Representatives voted not to
convene a joint session to consider overriding that
veto. It has been the Legislature's general practice
for each chamber to vote on whether or not to convene
a joint session to consider overriding a veto. The
Alaska Constitution, however, lays out a different,
straightforward procedure.
Legal research often ends in ambiguous and unclear
territory, where there is no one correct
interpretation of a statute or constitutional
provision, and advocates might reasonably argue either
side.
With regard to Legislative procedure following a veto,
however, there is only one sensible answer. Here,
there is complete consistency between the explicit
language of the constitution, the constitutional
convention minutes explaining the intent of the
framers, and the rules and practices adopted by the
very first legislature, which included some people who
had been delegates to the constitutional convention,
who therefore had a unique understanding of what the
framers intended the legislature to do in response to
a veto.
4:47:28 PM
SENATOR CLAMAN continued with the introduction of SCR 1:
Article II, Section 16 of the Constitution, states
explicitly: "Upon receipt of a veto message during a
regular session of the legislature, the legislature
shall meet immediately in joint session and reconsider
passage of the vetoed bill or item."
Later sentences address what happens if the
legislature is not in session when the Governor vetoes
a bill. They provide that, if that legislature
reconvenes in either a regular or special session, the
legislature shall reconsider the vetoed bill in joint
session no later than the fifth day after reconvening.
This language was the result of a 1976 amendment to
the Alaska Constitution.
The constitutional language requires the legislature
to meet in joint session. There is no discretion to
refuse to meet.
Further, the constitution requires the joint session
to be held promptly "immediately" if the legislature
is in session when the Governor delivers a veto and
"within five days of reconvening" if the legislature
is not in session when the Governor delivers the veto.
The only question is what exactly does "immediately"
mean. There is no definitive answer to that question
but the constitutional language and the
constitutional convention minutes suggest some
guidelines.
At one extreme, the framers did not intend to require
both houses to literally drop everything and move
immediately into joint session. But the framers meant
the legislature to hold that joint session promptly,
without undue delay. The first legislature, dealing
with the first vetoes, met in joint session on the
same day the Governor delivered the vetoes.
An outside limit for what could be considered prompt
enough to meet the spirit of the constitutional
requirement of "immediately" is suggested by the five-
day limit for meeting in joint session if the
legislature has adjourned and needs to reconvene for
the next regular or special session.
4:49:40 PM
SENATOR CLAMAN continued with the introduction of SCR 1:
The last point I want to make is that all of this
analysis is consistent with this legislature's current
Uniform Rule 45. This is the rule titled "Vetoed
Bills." It provides that, after the governor returns
a vetoed bill with his objections to the house of
origin while the legislature is in session, that house
shall note the veto message in its journal and then
"the other house is promptly requested to meet in
joint session to reconsider passage of the vetoed bill
or item."
If the legislature is not in session when Governor
delivers the veto, Rule 45 tracks the constitution and
states that the Legislature must consider the bill in
joint session within five days of that legislature's
reconvening in a regular or special session.
I understand that in the recent past, the legislature
sometimes has turned to Uniform Rule 51, rather than
Rule 45, for procedures on responding to a veto. That
is a mistake. Rule 51 is a general rule on joint
sessions and it provides for how a joint session may
be called by agreement of the presiding officer of
both houses or by a majority of one house.
It is well accepted in law that a more specific rule
controls over a general rule, which is why it is a
mistake to be guided by the general rule on calling a
joint session instead of the very specific rule Rule
45 which is written precisely to define the
legislature's required procedure in response to a
vetoed bill.
The legislature has taken different approaches in the
past about how to proceed following a governor's veto.
Alaskans deserve to have predictability and certainty
regarding the process to override a veto. SCR 13 will
establish consistency and clarity for all Alaskans and
ensure that the legislature carefully considers all
vetoes moving forward. The resolution addresses how we
address reconsideration of the governor's vetoes under
Article II, Section 16 of the Alaska Constitution.
4:52:01 PM
CHAIR KAWASAKI opened invited and public testimony on SCR 1.
4:52:15 PM
DOUG GARDNER, representing self, Olympia, Washington, testified
by invitation on SCR 1 and stated that he can't predict how the
Supreme Court would rule, but he opined there's a strong
likelihood the Supreme Court would interpret "shall immediately"
to mean immediate action, as defined in the legislative drafting
manual and reflected in 1959 constitutional convention minutes.
The intent was for both chambers to meet in joint session
promptly after a veto to consider an override. He stated that
this differs from today's Uniform Rule 51 process, which allows
either chamber to block a joint session. The framers of the 1959
constitutional convention minutes wanted to ensure legislators
who supported a bill would have a chance to amend or revive a
bill post-veto, rather than have a bill die due to inaction. He
said his memo (available on the documents page) covers this in
more detail. He stated his belief that the 1959 Senate Rules
Committee ruling, authored by constitutional delegates
themselves, carries significant weight and affirms this
interpretation. He said that precedent has eroded over time,
what he called a "legislative procedural migration" but the
original intent was clear. He stated that after researching and
reviewing the historical context and precedent, it's his opinion
that a court would likely rule that the legislature is obligated
to meet in joint session immediately after a veto, as originally
intended.
5:00:40 PM
ED MARTIN, representing self, Kenai, Alaska, testified with
concerns on SCR 1 and stated that the Constitution clearly says
"shall immediately," and ignoring that is a failure to uphold
the oath of office. This isn't just about one issue, it's
happening across all levels of government. He said he's tired of
officials sitting back while the Constitution is sidestepped. He
stated that there doesn't need to be more clarification and the
law is clear. He said it's time to honor the oath, follow the
Constitution, and act before trust is lost completely.
5:03:09 PM
CHAIR KAWASAKI closed invited and public testimony on SCR 1.
5:03:17 PM
CHAIR KAWASAKI held SCR 1 in committee.
5:04:28 PM
There being no further business to come before the committee,
Chair Kawasaki adjourned the Senate State Affairs Standing
Committee meeting at 5:04 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SCR 1 Version A.pdf |
SSTA 3/4/2025 3:30:00 PM |
SCR 1 |
| SCR 1 Version A Sponsor Statement 1.29.2025.pdf |
SSTA 3/4/2025 3:30:00 PM |
SCR 1 |
| SCR 1 Supporting Document- Senate Majority Counsel Memo with Exhibits 3.11.2024.pdf |
SSTA 3/4/2025 3:30:00 PM |
SCR 1 |
| SCR 1 Supporting Document - S. Orlansky memo to D. Gardner 03.21.2024.pdf |
SSTA 3/4/2025 3:30:00 PM |
SCR 1 |
| SCR 1 Supporting Document - Alaska Constitution, Article II Section 16.pdf |
SSTA 3/4/2025 3:30:00 PM |
SCR 1 |
| SSA Alaska's support for those experiencing sexual and domestic violence.pdf |
SSTA 3/4/2025 3:30:00 PM |
|
| SCR1-LEG-SESS-03-03-2025.pdf |
SSTA 3/4/2025 3:30:00 PM |
SCR 1 |