01/27/2009 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB80 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 80 | TELECONFERENCED | |
| *+ | HB 5 | TELECONFERENCED | |
| *+ | HB 45 | TELECONFERENCED | |
| *+ | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
January 27, 2009
8:02 a.m.
MEMBERS PRESENT
Representative Bob Lynn, Chair
Representative Paul Seaton, Vice Chair
Representative Carl Gatto
Representative Peggy Wilson
Representative Max Gruenberg
Representative Pete Petersen
MEMBERS ABSENT
Representative Craig Johnson
COMMITTEE CALENDAR
HOUSE BILL NO. 80
"An Act relating to the Joint Armed Services Committee and its
Homeland Security and Emergency Management Subcommittee; and
providing for an effective date."
- MOVED CSHB 80(STA) OUT OF COMMITTEE
HOUSE BILL NO. 5
"An Act relating to certain investments of the Alaska permanent
fund, the state's retirement systems, the State of Alaska
Supplemental Annuity Plan, and the deferred compensation program
for state employees in companies that do business in Sudan, and
restricting those investments."
- BILL HEARING RESCHEDULED TO 01/29/09
HOUSE BILL NO. 45
"An Act relating to certain investments of the Alaska permanent
fund, the state's retirement systems, the State of Alaska
Supplemental Annuity Plan, and the deferred compensation program
for state employees in companies that do business in Sudan, and
restricting those investments."
- BILL HEARING RESCHEDULED TO 01/29/09
"An Act relating to certain investments of the Alaska Permanent
Fund, the state's retirement systems, the State of Alaska
Supplemental Annuity Plan, and the deferred compensation program
for state employees in companies that do business in Sudan, and
restricting those investments; and providing for an effective
date."
- Pending Introduction & Referral; Bill Hearing Rescheduled
to 01/29/09
PREVIOUS COMMITTEE ACTION
BILL: HB 80
SHORT TITLE: JOINT ARMED SERVICES COMMITTEE
SPONSOR(s): REPRESENTATIVE(s) DAHLSTROM
01/22/09 (H) READ THE FIRST TIME - REFERRALS
01/22/09 (H) STA
01/27/09 (H) STA AT 8:00 AM CAPITOL 106
WITNESS REGISTER
LAURA PIERRE, Staff
Representative Nancy Dahlstrom
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced HB 80 on behalf of
Representative Dahlstrom, prime sponsor.
McHUGH PIERRE, Director of Communications/Legislative Liaison
Office of the Commissioner/Adjutant General
Department of Military & Veterans Affairs (DMVA)
Fort Richardson, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
80.
ACTION NARRATIVE
8:02:13 AM
CHAIR BOB LYNN called the House State Affairs Standing Committee
meeting to order at 8:02 a.m. Representatives Gatto, Seaton,
Gruenberg, Peterson, and Lynn were present at the call to order.
Representative Wilson arrived as the meeting was in progress.
8:02:53 AM
[Each committee member present introduced him/herself and
related their involvement in other House committees, and Chair
Lynn relayed that information regarding Representative Johnson,
who was not present.]
8:07:43 AM
CHAIR LYNN shared the history behind his gavel, and talked about
the House State Affairs Standing Committee commonly being the
first committee of referral. He reviewed his method for hearing
bills and running the committee.
HB 80-JOINT ARMED SERVICES COMMITTEE
8:09:46 AM
CHAIR LYNN announced that the only order of business was HOUSE
BILL NO. 80, "An Act relating to the Joint Armed Services
Committee and its Homeland Security and Emergency Management
Subcommittee; and providing for an effective date."
8:10:45 AM
REPRESENTATIVE GRUENBERG moved to adopt the proposed committee
substitute (CS) for HB 80, Version 26-LS0394\R, Cook, 1/26/09,
as a work draft. There being no objection, Version R was before
the committee.
8:11:06 AM
REPRESENTATIVE GRUENBERG expressed concern that HB 80 repeals
and revises several sections of law, and the committee does not
have those changes in writing.
8:11:33 AM
LAURA PIERRE, Staff, Representative Nancy Dahlstrom, Alaska
State Legislature, introduced HB 80 on behalf of Representative
Dahlstrom, prime sponsor. She said the legislation "revives"
the Joint Armed Services Committee (JASC). She explained that
when the committee was introduced in 1999, there was a 10-year
sunset put in place, and that sunset took place on January 1,
2009. Ms. Pierre indicated that the reason for the sunset had
to do with not knowing how often the Base Realignment and
Closure (BRAC) Commission would consider closing military bases
in Alaska or across the country. The commission has closed
bases throughout the last 10 years, and will be considering more
closures in Alaska in another two years. She mentioned a
missile defense site at Fort Greely.
MS. PIERRE said the bill does not revive the JASC Homeland
Security and Emergency Management subcommittee. She explained
that members of that committee are required to get security
clearance from the U.S. Department of Defense, but since [the
terrorist attacks of September 11, 2001] the department no
longer issues security clearance to state legislatures. The
purpose of the subcommittee, she reviewed, is to hear
confidential information related to disasters or emergencies
that take place in Alaska - information that is presented by
state and federal officials. However, the subcommittee has not
met in two years. She stated that the bill sponsor and "some
other ... military officials" have determined that the Homeland
Security and Emergency Management subcommittee is no longer
needed. She urged support of HB 80.
8:13:53 AM
CHAIR LYNN announced that his staff soon would be supplying the
committee with the language pertaining to statute cited in the
bill.
8:14:09 AM
REPRESENTATIVE GRUENBERG observed that the Joint Armed Services
Committee does not have proportional representation. He cited
AS 24.20.650(b)(1) and (2), which read [from 1999 statute]:
(b) The committee is composed of
(1) five members of the senate, at least one of
whom is a member of the minority, appointed by the
president of the senate;
(2) five members of the house of representatives,
at least one of whom is a member of the minority,
appointed by the speaker of the house of
representatives;
REPRESENTATIVE GRUENBERG indicated the necessity for an
amendment to the bill to ensure proportional representation.
8:15:47 AM
CHAIR LYNN asked how many of each party are currently members on
the Joint Armed Services Committee, and how Representative
Gruenberg would like to see that changed.
REPRESENTATIVE GRUENBERG asked for time to look in the Uniform
Rules for an answer. In response to a follow-up question, he
said he became aware of this issue "quite awhile ago." He added
that he would not expect a change to be made to the make-up of
the committee until the Twenty-Seventh Alaska State Legislature.
In response to Chair Lynn, he said he has not yet approached the
chair of the Joint Armed Services Committee about this issue.
8:17:20 AM
REPRESENTATIVE SEATON observed that the language in Version R,
on page 1, line 8, read that AS 24.20.650 would be revived, and
that is the statute which Representative Gruenberg had just
cited; therefore, proportional representation would be
incorporated with the passage of Version R.
REPRESENTATIVE GRUENBERG explained that that would not happen
because of the five representatives on the Joint Armed Services
Committee, only one can be a member of the Minority. He said
his amendment would allow two members of the Minority in that
case.
8:19:11 AM
REPRESENTATIVE WILSON suggested that since the committee in
question has so many members, it likely would be made up of a
diverse group of people. She asked if HB 80 bill would make the
Joint Armed Services Committee a permanent committee in the
legislature.
CHAIR LYNN answered yes.
REPRESENTATIVE WILSON noted that it is often difficult for the
Senate to form new committees, because they have half the
members than the House.
MS. PIERRE said the sponsor is working closely with Vice Chair
Senator Wielechowski who is in full support of HB 80. She noted
that the Joint Armed Services Committee does not meet on a
regular basis; it meets for briefings by state and federal
military officials. She noted some topics for briefing are:
BRAC, missile defense, F-22s being moved into the state, and the
temporary grounding of F-15s a couple years ago.
CHAIR LYNN noted that he was a member of the Joint Armed
Services Committee, and during that time the committee met 1-3
times during an entire session.
8:21:37 AM
REPRESENTATIVE GATTO observed that the legislature sometime uses
the terms "not less than one" and "only one" interchangeably,
but they are not the same. He asked what would happen if there
is no Minority party.
REPRESENTATIVE GRUENBERG reported that according to the Uniform
Rules, the Minority has to be a certain size before it gets any
representation: a total of 15 or less gets 1 and a total of 16-
19 gets 2 in the House; and a total of 7 or less gets 1 and a
total of 8-9 gets 2 in the Senate. He noted that there are
several committees that are not under the Uniform Rules that
were not changed when the legislature adopted proportional
representation during the Fifteenth Alaska State Legislature.
In response to Chair Lynn, he said there is one member of the
Minority currently on the Joint Armed Services Committee, and
that member is Representative Peterson. He reemphasized that he
is not seeking to upset the current committee, but to "get it
right" in the future.
8:24:56 AM
REPRESENTATIVE SEATON stated his understanding that according
the Uniform Rules, there is no Minority representation necessary
on any Senate committee, because the minority is four on a
Senate committee and the Uniform Rules does not call for
proportional representation when there is a minority of four.
He recommended that the committee consider statute and figure
out how small a Minority guarantee it wants so that it does not
end up without any Minority seats.
8:26:39 AM
REPRESENTATIVE GRUENBERG confirmed that what Representative
Seaton said about the Senate seats is correct; there are no
guaranteed seats on any committee with less than five. In the
House there is no guarantee with less than 10. He said that is
something the committee can take into consideration; however, he
relayed that he is more concerned with proportion once the
numbers get higher.
8:27:50 AM
CHAIR LYNN expressed concern about delaying HB 80.
8:28:21 AM
MS. PIERRE, in response to Chair Seaton, agreed that the sponsor
knows nothing about this issue and would want to weigh in on the
matter, but is not available this morning. She said there is no
other committee of referral. She reiterated that the Joint
Armed Services Committee serves to receive briefings, and every
briefing has been held as a joint House and Senate committee
meeting, to which all members of the legislature are invited.
8:29:57 AM
REPRESENTATIVE GRUENBERG said he does not feel strongly about
the amendment, but is bringing the idea up to raise the
consciousness of the House State Affairs Standing Committee
members and the public to the issue of fairness to those in the
Minority. He reiterated his desire to see the statutes that
would be affected by the proposed legislation.
CHAIR LYNN reiterated his reluctance to bog down the process.
REPRESENTATIVE GRUENBERG stated that he would not [move to
adopt] the conceptual amendment.
8:31:58 AM
REPRESENTATIVE GATTO suggested Representative Gruenberg could
offer the amendment on the House floor.
REPRESENTATIVE GRUENBERG said he probably would bring up the
issue on the House floor, but he would not move an amendment.
8:32:37 AM
REPRESENTATIVE WILSON offered her understanding that a
preference has been expressed that legislators offer their
amendments during committee hearings rather than during floor
session.
The committee took an at-ease from 8:33:30 AM to 8:40:15 AM.
8:40:17 AM
REPRESENTATIVE GRUENBERG noted that [during the at-ease] the
committee had been given and looked at some handouts. He
directed attention to one of them, which is an Act from 1999.
He said the Act enacted the laws establishing the joint
committee. The findings, he said, are not a factor. He noted
that on page 2 of the 1999 Act, beginning on line 19, is
language that sets up the current statutes. He offered his
understanding that those statutes have not yet been amended. He
stated, "What we're doing here is repealing a repealer and
keeping these statutes on the books."
REPRESENTATIVE GRUENBERG turned to another handout, which is an
Act from 2004, which he explained is mentioned in the original
bill. He asked members to look at the language on page 1, line
4, of the original bill version, and contrast it to Version R.
On line 4, he said, the reference to the 2004 Act is eliminated.
The only other difference between the original bill and Version
R, he said, is that the original bill references AS 24.20.680,
while Version R does not. The language that was taken out was
Section 23. He directed attention to the language on page 19,
line 19, of the 2004 Act, which repealed Section 680. Page 2,
line 4, of the same Act, is the language of Section 680, which
established the Homeland Security and Emergency Management
Subcommittee of the Joint Armed Services Committee.
Representative Gruenberg clarified that the original bill
version would have revived that subcommittee, but the proposed
CS, Version R, would not do so.
8:43:58 AM
REPRESENTATIVE GRUENBERG said he takes issue with repealing that
subcommittee and asked why the repeal is being proposed.
8:44:25 AM
McHUGH PIERRE, Director of Communications/Legislative Liaison,
Office of the Commissioner/Adjutant General, Department of
Military & Veterans Affairs (DMVA), told Representative
Gruenberg that it is the department's view that in order to
facilitate this subcommittee, it would have to get security
clearances, as mandated in law, for the legislators. He echoed
Ms. Pierre's prior remark that the federal government does not
give those security clearances to state legislators; it is a
matter of confidentiality. He explained further:
The committee, as it is drafted, won't meet the needs
spelled out in statute, because you will not be able
to receive the confidential information that is
desired to be shared in that setting; therefore, from
the department's standpoint it's irrelevant. You can
receive this information through the traditional JASC
committee, as has already been happening.
MR. PIERRE offered his understanding that the subcommittee has
not met since 2004.
8:45:44 AM
REPRESENTATIVE SEATON noted that the House State Affairs
Standing Committee is the committee of jurisdiction for Homeland
Security, and in the past it has met in executive session to
receive briefings of a confidential nature.
8:46:24 AM
MR. PIERRE, in response to Chair Lynn, indicated that the type
of confidentiality to which the House State Affairs Committee
members are privy during an executive session is not the same
type of confidentiality level that would require the clearance
previously mentioned as necessary from the government.
REPRESENTATIVE SEATON explained that he had brought the subject
to the committee's attention because "eliminating that committee
does not eliminate the opportunity for the committee of
jurisdiction to get the information that we're legally entitled
to and to have oversight of anything in Homeland Security."
CHAIR LYNN asked if the administration agrees with that.
MR. PIERRE answered yes.
8:47:30 AM
REPRESENTATIVE WILSON pointed out that [the House State Affairs
Standing Committee] has oversight and has a balanced Minority.
8:48:20 AM
REPRESENTATIVE SEATON directed attention to "sec. 1, ch. 6, SLA
1999" on line 9 of Version R and asked what the purpose is of
reviving a finding.
MS. PIERRE said she does not know the answer to that question,
but proffered that Legislative Legal and Research Services could
provide an answer.
MR. PIERRE, in response to Chair Lynn, said [off microphone]
that he does not have an answer to that question.
REPRESENTATIVE SEATON read Chapter 6, Section 1, paragraph (6)
of the 1999 Act, which read as follows:
(6) the closure of Adak Naval Air Facility and
realignment of army activities at Fort Greely by the
1995 Base Realignment and Closure Commission continue
to create challenges for communities committed to
their productive reuse and integration into the
state's economy:
REPRESENTATIVE GRUENBERG told Mr. Pierre that he wants to ensure
that all the findings are still accurate.
MR. PIERRE said "finding 6," which would be deleted, is dated
and does not necessarily apply to current law. He said in 2005,
there was another base realignment and closure commission, in
which Kulis Air National Guard Base was closed and the 176th
Wing of the Air National Guard was being moved to Elmendorf. He
mentioned the contentious nature of discussion to decide whether
or not to close Eielson Air Force Base. He stated that the
department expects "another round of BRAC discussions during the
next couple of years of the Obama Administration." He said it
would be appropriate to leave out the language [in finding 6] or
simply to acknowledge that BRAC affects Alaska's communities.
He emphasized the importance of having an active, unified voice
within the legislature in taking on the interest of Alaskans.
8:52:08 AM
REPRESENTATIVE GRUENBERG concurred. He requested that Mr.
Pierre check that all the legislative findings are up to date
and "as persuasive as possible," because "this will constitute
the legislature's position on these BRACs." He suggested that
the committee repeal and reenact Section 1 to make it as
"persuasive and tough as possible."
MR. PIERRE commented that the Joint Armed Services Committee is
more powerful than the language in the bill. He said by simply
removing the dated information, the current committee members
could sponsor a resolution that brings that information before
the full body.
8:54:09 AM
REPRESENTATIVE GRUENBERG directed attention to page 1, line 7,
of the legislative findings in the 1999 Act, which mentions "two
new rounds of military base closures". He suggested that there
may be more or less than two rounds necessary now, and urged
careful consideration of the findings to avoid any problems.
8:55:32 AM
REPRESENTATIVE GRUENBERG, in response to Representative Seaton,
directed attention to lines 8-9 of Version R, which shows that
Section 6 of SLA 1999 would be revived. He strongly recommended
that the department and the sponsor's staff ensure that the
language contained within that Section is accurate.
8:56:43 AM
MR. PIERRE offered to look at that language. In response to
Chair Lynn, he said he could do so during an at-ease.
The committee took an at-ease from 8:57:01 AM to 8:58:39 AM.
8:58:39 AM
MR. PIERRE said he would not recommend any changes of the
current language, although some of it "was appropriate to 1995,
when the [U.S.] Department of Defense anticipated only two
future BRAC Commission meetings." Now, he said it is generally
accepted that those meetings will be ongoing. He stated his
belief that the language is strong and establishes strategic
location, continued, unparalleled training and maneuvering
abilities, and modern facilities of Alaska's military bases, as
well establishing the total income value.
8:59:33 AM
REPRESENTATIVE GRUENBERG asked if the figure of $1.7 billion, on
page 1, line 14, of Chapter 6, Section 1, of the 1999 Act, still
accurately represents the total economic value.
MR. PIERRE answered yes.
9:00:12 AM
REPRESENTATIVE SEATON suggested that the closure of Adak Naval
Base and the realignment at Fort Greely probably does continue
to create challenges for those communities. He said he does not
think the findings are dated, but recommended that the committee
ensure that they are correct. He stated his preference for
adopting the findings as they are.
9:01:57 AM
MR. PIERRE, in response to a question from Representative
Gruenberg, confirmed that the first finding is still accurate
and, thus, does not need to be changed.
9:02:34 AM
REPRESENTATIVE SEATON moved to report committee substitute (CS),
Version 26-LS0394\R, Cook, 1/26/09, out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, CSHB 80(STA) was reported out of the
House State Affairs Standing Committee.
9:03:31 AM
CHAIR LYNN announced the upcoming calendar.
9:05:37 AM
REPRESENTATIVE GRUENBERG asked that two ideas be sponsored as
legislation by the House State Affairs Standing Committee.
9:08:28 AM
REPRESENTATIVE GATTO mentioned another bill regarding gender
neutrality.
9:10:22 AM
REPRESENTATIVE ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 9:10
a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HSTA - HB 80 Backup - Econmic Impact on Alaska.pdf |
HSTA 1/27/2009 8:00:00 AM |
HB 80 |
| HSTA - HB 80 Backup - Portions of Missle Defense Program Overview.pdf |
HSTA 1/27/2009 8:00:00 AM |
HB 80 |
| HSTA - HB 80 Sponsor Statement FINAL.doc |
HSTA 1/27/2009 8:00:00 AM |
HB 80 |
| HSTA - HB80 - JASC Support Letter.pdf |
HSTA 1/27/2009 8:00:00 AM |
HB 80 |
| HSTA Blank CSHB 80. Version R.pdf |
HSTA 1/27/2009 8:00:00 AM |
HB 80 |