04/08/2008 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| State Commission for Human Rights | |
| HB414 | |
| HB368 | |
| HJR40 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 305 | TELECONFERENCED | |
| + | HB 414 | TELECONFERENCED | |
| + | HB 368 | TELECONFERENCED | |
| + | HJR 40 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
April 8, 2008
9:09 a.m.
MEMBERS PRESENT
Senator Lesil McGuire, Chair
Senator Gary Stevens, Vice Chair
Senator Hollis French
Senator Lyda Green
MEMBERS ABSENT
Senator Con Bunde
COMMITTEE CALENDAR
CONFIRMATION HEARING: State Commission for Human Rights
Grace Merkes
Robert B. Sawyer, Jr.
Mark S. Fish
CONFIRMATIONS ADVANCED
HOUSE BILL NO. 414
"An Act relating to the crime victim compensation fund."
MOVED HB 414 OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 368(FIN) am
"An Act amending the Legislative Ethics Act to modify the
limitation on political fund raising by legislators and
legislative employees during legislative sessions, to allow
legislators and legislative employees to accept certain gifts
from lobbyists, to clarify the Legislative Ethics Act as it
relates to legislative volunteers and educational trainees, to
reduce the frequency of publication of summaries by the Select
Committee on Legislative Ethics, and to revise procedures and
fines related to the late filing of disclosures required by the
Legislative Ethics Act."
HEARD AND HELD
HOUSE JOINT RESOLUTION NO. 40 am
Relating to defending the state from electromagnetic pulse
attacks.
MOVED HJR 40 am OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 305(RLS) am
"An Act relating to campaign fund raising during a regular or
special legislative session; and providing for an effective
date."
SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: HB 414
SHORT TITLE: CRIME VICTIM COMPENSATION FUND
SPONSOR(S): JUDICIARY
02/25/08 (H) READ THE FIRST TIME - REFERRALS
02/25/08 (H) JUD, FIN
03/03/08 (H) JUD AT 1:00 PM CAPITOL 120
03/03/08 (H) Moved Out of Committee
03/03/08 (H) MINUTE(JUD)
03/04/08 (H) JUD RPT 5DP 1NR
03/04/08 (H) DP: GRUENBERG, DAHLSTROM, SAMUELS,
HOLMES, RAMRAS
03/04/08 (H) NR: COGHILL
03/11/08 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/11/08 (H) Scheduled But Not Heard
03/12/08 (H) FIN RPT 6DP 1NR
03/12/08 (H) DP: HAWKER, NELSON, GARA, CRAWFORD,
THOMAS, MEYER
03/12/08 (H) NR: KELLY
03/12/08 (H) FIN AT 8:30 AM HOUSE FINANCE 519
03/12/08 (H) Scheduled But Not Heard
03/12/08 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/12/08 (H) Moved Out of Committee
03/12/08 (H) MINUTE(FIN)
03/27/08 (H) TRANSMITTED TO (S)
03/27/08 (H) VERSION: HB 414
03/28/08 (S) READ THE FIRST TIME - REFERRALS
03/28/08 (S) STA
04/08/08 (S) STA AT 9:00 AM BELTZ 211
BILL: HB 368
SHORT TITLE: ETHICS: LEGISLATIVE & GOV/LT GOV
SPONSOR(S): STATE AFFAIRS
02/19/08 (H) READ THE FIRST TIME - REFERRALS
02/19/08 (H) STA, JUD, FIN
02/26/08 (H) STA AT 8:00 AM CAPITOL 106
02/26/08 (H) Moved CSHB 368(STA) Out of Committee
02/26/08 (H) MINUTE(STA)
02/27/08 (H) STA RPT CS(STA) NT 3DP 4NR
02/27/08 (H) DP: ROSES, GRUENBERG, LYNN
02/27/08 (H) NR: JOHNSON, JOHANSEN, COGHILL, DOLL
03/19/08 (H) JUD AT 1:00 PM CAPITOL 120
03/19/08 (H) Heard & Held
03/19/08 (H) MINUTE(JUD)
03/26/08 (H) JUD AT 1:00 PM CAPITOL 120
03/26/08 (H) Moved CSHB 368(JUD) Out of Committee
03/26/08 (H) MINUTE(JUD)
03/27/08 (H) JUD RPT CS(JUD) NT 4DP 3NR
03/27/08 (H) DP: GRUENBERG, LYNN, HOLMES, RAMRAS
03/27/08 (H) NR: COGHILL, DAHLSTROM, SAMUELS
03/31/08 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/31/08 (H) Heard & Held
03/31/08 (H) MINUTE(FIN)
04/02/08 (H) FIN AT 8:30 AM HOUSE FINANCE 519
04/02/08 (H) Moved CSHB 368(FIN) Out of Committee
04/02/08 (H) MINUTE(FIN)
04/03/08 (H) FIN RPT CS(FIN) NT 7DP 2NR 1AM
04/03/08 (H) DP: HAWKER, CRAWFORD, JOULE, KELLY,
NELSON, GARA, MEYER
04/03/08 (H) NR: STOLTZE, CHENAULT
04/03/08 (H) AM: THOMAS
04/05/08 (H) TRANSMITTED TO (S)
04/05/08 (H) VERSION: CSHB 368(FIN) AM
04/06/08 (S) READ THE FIRST TIME - REFERRALS
04/06/08 (S) STA
04/08/08 (S) STA AT 9:00 AM BELTZ 211
BILL: HJR 40
SHORT TITLE: ELECTROMAGNETIC PULSE ATTACK DEFENSE
SPONSOR(S): RULES BY REQUEST OF JOINT ARMED SERVICES COMMITTEE
03/27/08 (H) READ THE FIRST TIME - REFERRALS
03/27/08 (H) RLS
03/31/08 (H) RLS AT 5:00 PM CAPITOL 120
03/31/08 (H) Moved Out of Committee
03/31/08 (H) MINUTE(RLS)
04/01/08 (H) RLS RPT 5DP 2NR
04/01/08 (H) DP: FAIRCLOUGH, SAMUELS, GUTTENBERG,
HARRIS, COGHILL
04/01/08 (H) NR: KERTTULA, JOHNSON
04/01/08 (H) TRANSMITTED TO (S)
04/01/08 (H) VERSION: HJR 40 AM
04/02/08 (S) READ THE FIRST TIME - REFERRALS
04/02/08 (S) STA
04/08/08 (S) STA AT 9:00 AM BELTZ 211
BILL: HB 305
SHORT TITLE: CAMPAIGN FUND RAISING DURING SESSIONS
SPONSOR(S): REPRESENTATIVE(S) MEYER
01/11/08 (H) PREFILE RELEASED 1/11/08
01/15/08 (H) READ THE FIRST TIME - REFERRALS
01/15/08 (H) STA
01/22/08 (H) STA AT 8:00 AM CAPITOL 106
01/22/08 (H) Moved CSHB 305(STA) Out of Committee
01/22/08 (H) MINUTE(STA)
01/23/08 (H) STA RPT CS(STA) NT 4DP 2NR
01/23/08 (H) DP: JOHNSON, JOHANSEN, ROSES, LYNN
01/23/08 (H) NR: COGHILL, DOLL
02/04/08 (H) RLS AT 4:30 PM CAPITOL 106
02/04/08 (H) Moved CSHB 305(RLS) Out of Committee
02/04/08 (H) MINUTE(RLS)
02/06/08 (H) RLS RPT CS(RLS) NT 5DP 2AM
02/06/08 (H) DP: FAIRCLOUGH, HARRIS, KERTTULA,
SAMUELS, COGHILL
02/06/08 (H) AM: GUTTENBERG, JOHNSON
02/06/08 (H) RETURNED TO RLS COMMITTEE
02/19/08 (H) MOVED TO RETURN TO SECOND TO RESCIND
ACTION
02/19/08 (H) LEDOUX ABSTAIN VOTING FLD Y18 N17 E5
PER UR 34(B)
02/20/08 (H) TRANSMITTED TO (S)
02/20/08 (H) VERSION: CSHB 305(RLS) AM
02/21/08 (S) READ THE FIRST TIME - REFERRALS
02/21/08 (S) STA
02/21/08 (S) JUD REFERRAL ADDED BEFORE STA
04/05/08 (S) JUD AT 9:00 AM BUTROVICH 205
04/05/08 (S) Heard & Held
04/05/08 (S) MINUTE(JUD)
04/07/08 (S) JUD AT 2:15 PM BELTZ 211
04/07/08 (S) Moved SCS CSHB 305(JUD) Out of
Committee
04/07/08 (S) MINUTE(JUD)
04/08/08 (S) STA AT 9:00 AM BELTZ 211
WITNESS REGISTER
GRACE MERKES, Confirmee candidate
State Commission for Human Rights
POSITION STATEMENT: Spoke to her confirmation.
ROBERT SAWYER, Confirmee candidate
State Commission for Human Rights
POSITION STATEMENT: Spoke to his confirmation.
MARK S. FISH, Confirmee candidate
State Commission for Human Rights
POSITION STATEMENT: Spoke to his confirmation.
REPRESENTATIVE JAY RAMRAS
Alaska State Legislature
Juneau AK
POSITION STATEMENT: Presented HB 414.
GERAD GODFREY, Chair
Violent Crime Compensation Board
Juneau AK
POSITION STATEMENT: Spoke in favor of HB 414.
SUSAN BROWNE, Member
Violent Crime Compensation Board
Juneau AK
POSITION STATEMENT: Spoke in favor of HB 414.
REPRESENTATIVE BOB LYNN
Alaska State Legislature
Juneau AK
POSITION STATEMENT: Presented HB 386.
MIKE SICA, Staff
to Representative Lynn
Alaska State Legislature
POSITION STATEMENT: Presented HB 386.
JOYCE ANDERSON, Administer
Select Committee on Legislative Ethics
Anchorage AK
POSITION STATEMENT: Answered questions regarding HB 386.
JENNIFER BAXTER, Staff
to Representative Nancy Dahlstrom
Alaska State Legislature
POSITION STATEMENT: Presented HJR 40.
MCHUGH PIERRE, Legislative Liaison
Department of Military and Veterans Affairs (DMVA)
Juneau AK
POSITION STATEMENT: Presented HJR 40.
MEAD TREADWELL, Chairman and CEO
Venture Ad Astra
Anchorage AK
POSITION STATEMENT: Spoke in support of HJR 40.
JUDY KOMOROWSKI
Tok AK
POSITION STATEMENT: Expressed concern over HJR 40.
ACTION NARRATIVE
CHAIR LESIL MCGUIRE called the Senate State Affairs Standing
Committee meeting to order at 9:09:18 AM. Senators French,
Stevens, and McGuire were present at the call to order. Senator
Green arrived shortly thereafter.
^CONFIRMATION HEARINGS
^State Commission for Human Rights
CHAIR MCGUIRE announced that the committee would first consider
the appointment of Grace Merkes to the State Commission for
Human Rights.
9:10:00 AM
GRACE MERKES, Appointee to the State Commission for Human
Rights, said she has served on the commission for five years. It
is a very important group, which serves the public in
discrimination cases, especially for those who can't afford to
go to court. It helps prevent rampant discrimination.
SENATOR FRENCH asked where the commission meets.
MS. MERKES said it usually meets three times per year. The
upcoming meetings will be in Ketchikan, Nome, and Anchorage.
9:12:05 AM
SENATOR FRENCH asked if anyone has trouble getting to the
meetings.
MS. MERKES said sometimes that happens, but she is retired and
able to make most meetings. Generally at least six out of the
seven commissioners show up at each meeting.
SENATOR STEVENS asked if there is an advantage to having someone
serve a second term.
MS. MERKES said it takes time to learn how to manage a hearing
and to know what is legal and what isn't. It is pretty much a
legal procedure, and most commissioners are not attorneys. They
do get legal advice. With three meetings a year, it takes time
to learn. About 13 to 15 of the cases go to hearings, which the
administrative law judge oversees. Then the commissioners review
the case to decide whether to agree with the judge. A little bit
of history helps the other commissioners.
9:15:27 AM
CHAIR MCGUIRE moved to forward the name of Grace Merkes to a
joint session for consideration for the position on the State
Commission for Human Rights. Hearing no objection, it was so
ordered.
CHAIR MCGUIRE announced the committee would next consider the
appointment of Grace Merkes to the State Commission for Human
Rights.
9:17:23 AM
ROBERT SAWYER, Appointee to State Commission for Human Rights,
said he wants to continue serving on the commission because it's
a tool that gives quality of life to all Alaskans. Many
complaints are filed. Last year there were a total of 703 basic
complaints and 836 complaints on issues. The commission is
needed to assure fairness and quality of life for everyone.
CHAIR MCGUIRE asked for an example of one of the cases and how
the commission approached it.
MR. SAWYER said one involved five females who worked for a man
who they accused of sexual harassment and racial discrimination.
That was a clear-cut case because everything was pretty much
laid out. One complainant didn't file so she didn't get anything
once the case was solved. The respondent was definitely wrong.
9:19:47 AM
SENATOR STEVENS asked how many years he was a sergeant major.
MR. SAWYER said he has served 30 years in the army and 10 years
as the command sergeant major.
SENATOR STEVENS said that is a heroic accomplishment.
SENATOR FRENCH said he was impressed that he supervised 5,000
soldiers and ran the crisis clinic alone for a year.
MR. SAWYER said that was a challenge. When he retired from the
Army he wanted to get involved in the community. Money was not
an issue for him. He wants to improve people's lives.
CHAIR MCGUIRE said he has a very impressive resume. She moved to
forward the name of Robert B. Sawyer to a joint session for
consideration for the position on the State Commission for Human
Rights. Hearing no objection, it was so ordered.
CHAIR MCGUIRE announced the committee would next consider the
appointment of Mark S. Fish to the State Commission for Human
Rights.
9:21:58 AM
MARK S. FISH, Appointee State Commission for Human Rights, said
he spent 20 in the Alaska Army National Guard and he took an
oath to the constitutions. He has discovered more about the
constitution, and it is interesting that the state founders felt
so strongly about people's rights. "They put it right up front
in the state constitution." All people are equal and entitled to
equal rights. The commission has a vital role, which is a basic
part of the state. He's happy to be part of it.
9:23:21 AM
SENATOR FRENCH asked how he sees his role on the commission.
MR. FISH said the commission is to ensure the rights of people
who feel that they may have been denied those rights. It gives
them a place to go. He brings state-wide experience from being
in National Guard aviation. He has traveled the state and has
seen all of Alaska's cultures. He has had constant education and
training in human rights laws. He spent a lot of time in Nome,
Kotzebue, Saint Lawrence Island, Savoonga, and Gambell.
CHAIR MCGUIRE moved to forward the name of Mark Fish to a joint
session for consideration for the position on the State
Commission for Human Rights. Hearing no objection, it was so
ordered.
The committee took an at-ease at 9:26:47 AM.
HB 414-CRIME VICTIM COMPENSATION FUND
9:27:08 AM
CHAIR MCGUIRE announced consideration of HB 414.
9:27:44 AM
REPRESENTATIVE JAY RAMRAS, Alaska State Legislature, said HB 414
has a companion bill, SB 296. He noted that it is the small
things that validate why the legislature meets. Many people have
been victims of crime, whether property or violent crime. There
has been a Violent Crime Compensation Board (VCCB) since 1972,
but it is difficult to ever make someone whole after being
victimized. But the state can compensate people for medical,
counseling, funeral, lost income and other expenses. He has
misgivings about the state creating a lot of cookie jars of
money, but this will be worthwhile because the state is now
foregoing the opportunity to receive a 60 percent reimbursement
from the federal government. Increasing the pot of money that is
available to victims with a 60 percent reimbursement that will
grow the pot is an opportunity to make folks more whole - and
that is the heart and soul of this bill.
9:30:10 AM
CHAIR MCGUIRE said the committee has heard the companion bill.
She noted the work of three people that led to this.
GERAD GODFREY, Violent Crime Compensation Board, Anchorage, said
Representative Ramras did a good job and the committee is
familiar with the VCCB.
CHAIR MCGUIRE said there is an omnibus crime package, and last
night language was added so that the permanent fund dividends
collected from sex offenders will go into this fund.
MR. GODFREY said that is encouraging.
9:32:14 AM
SUSAN BROWNE, Violent Crime Compensation Board, said next week
is Alaska's crime victim's rights week with the theme: without
justice for victims there can be no justice for all. The bill
affirms decades of efforts in Alaska to ensure the rights and
services for crime victims. It is a small step, but it is in the
right direction. Having worked with thousands of crime victims,
she believes they thank would the committee for their work.
SENATOR STEVENS moved to report HB 414 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, the bill moved out of committee.
HB 368-ETHICS: LEGISLATIVE & GOV/LT GOV
CHAIR MCGUIRE announced consideration of HB 368. [Before the
committee was CSHB 368(FIN)am.]
9:33:53 AM
REPRESENTATIVE BOB LYNN, Alaska State Legislature, said HB 386
makes it legal for a lobbyist to give a gift to a legislator or
legislative employee as long as the recipient is an immediate
family member and the gift has no connection with the
recipient's legislative status. It is common sense and matches
ethics codes around the country, and it is based on
recommendations from the legislative ethics committee. The bill
also includes an exemption for compassionate gifts, and it has
some cleanup language. It also establishes a maximum fine of
$2,500 for willful late disclosure. That is in line with other
states. A case in Alaska illustrates that the existing fine is
too low to have any affect whatsoever on the most egregious late
filing. It is not practical for the Attorney General to pursue a
few hundred dollars. The bill also expands the sections on
campaign fundraising during sessions. The prohibition expands to
any place where the session is convened.
9:36:11 AM
SENATOR FRENCH asked about raising money 90 days before an
election.
MIKE SICA, Staff to Representative Lynn, said there is a
prohibition currently about raising money in the capital when a
special session occurs 90 days preceding an election. That has
not changed. The bill simply extends that to any municipality
where a special session is held.
SENATOR FRENCH said that was done in a bill yesterday.
9:37:48 AM
CHAIR MCGUIRE said that bill is also before the committee today,
and she asked the difference between the two.
MR. SICA said he hasn't seen the final version, but he believes
the fundraising prohibition extends to local and federal
offices, unlike HB 386.
CHAIR MCGUIRE said the core parts of the bills are similar, and
HB 386 goes beyond, addressing gifts that are given under the
legislative ethics act. "It now says that you are allowed to buy
your spouse a gift if the gift is unconnected with the
recipient's legislative status and is from a member of the
legislative or legislative's employee's immediate family and
they happen to be a lobbyist."
MR. SICA said that is correct.
9:39:06 AM
CHAIR MCGUIRE said the old language used to have a blanket
caveat regarding gifts unconnected to legislative status, like
from a longtime friend. Did you look at that?
MR. SICA said he didn't.
CHAIR MCGUIRE said this is a big family and people go in and out
of lobbying jobs and legislative jobs. There was a recent
wedding of two legislative staffers and no gifts were allowed
from many of their friends who were lobbyists, yet they had been
lifelong friends.
JOYCE ANDERSON, Administer, Select Committee on Legislative
Ethics, said the ethics committee did not look at that issue and
felt it was up to the legislature to decide the extent of
allowable gifts from lobbyists. There are two definitions of the
immediate family in the ethics statute. One includes the spouse,
domestic partner, parents, children and siblings who are
financially dependent. The other definition extends it to aunts,
uncles, and grandparents. No definition has included lifelong
friends. The ethics committee wants to let the legislature make
that decision.
CHAIR MCGUIRE said when she arrived at the legislature it was
about giving a gift to influence a legislator. The test was the
nature of the gift, a baby shower or birthday, and if it was
given in order to influence the legislator or out of friendship.
9:42:19 AM
MS. ANDERSON said previous statute limited gifts from lobbyists
during the session. During the interim the advisory opinion was
about whether a gift was from a lifelong friend or someone known
outside of the legislative arena. So there have been advisory
opinions based on previous statutes on that issue.
CHAIR MCGUIRE said she wants to hold the bill to address
concerns and to avoid absurd results.
SENATOR STEVENS asked if HB 386 will allow fundraising during a
special session within 90 days of an election in a city where
the session occurs. What is theory or principle behind not
allowing money to be raised or spent during a special session?
MS. ANDERSON clarified that in the 90 days before an election
there is an exemption that campaigning can occur, but the three
legislators in Juneau are not allowed to do any fundraising
during a special session. This bill is extending it to wherever
the special session is held. Last year there was a special
session for one day in Anchorage, and if it had been an election
year, under HB 386, those legislators in Anchorage would not
have been able to campaign on that one day.
9:45:48 AM
SENATOR FRENCH said Section 2 seems to be contrary to what Ms.
Anderson is saying.
MS. ANDERSON said she forgot. "That is not a recommendation by
the ethics committee, but it was added in -- in another
committee." She continued. "Section 2 does not prohibit the
legislator from soliciting or accepting a campaign contribution
during a special session in the 90 days immediately preceding an
election. So it would allow those Juneau legislators and those
Anchorage legislators, if it was held there, to campaign, but
not during the session, but, in the building that the session is
being held, but outside of that building."
SENATOR FRENCH said, "We can't have fundraisers here in the
capital."
MS. ANDERSON said, "Right."
SENATOR FRENCH said that is good - "but you can go across the
street and have a fundraiser." How did this come about? There
are funny lines being drawn.
9:47:16 AM
MS. ANDERSON said the prohibition against campaigning where a
session is held started in the 1980s. There was an exemption for
Juneau members, but that was changed and she doesn't know why.
Now Juneau legislators can't campaign even in the 90 days before
an election when everyone else is exempt. It was to prevent an
appearance of impropriety. "You are making decisions in your
legislative body, and then you're walking across the street and
technically you could have a sign saying I'm soliciting
contributions for my office." There was the chance for
violations. The ethics committee has not looked at this issue,
and the others sections in HB 386 are recommendations by the
committee. She has been the administrator since 2001 and knows
that the ethics committee doesn't like exceptions to the rules.
9:49:31 AM
SENATOR FRENCH asked if constant electronic disclosures might be
the solution. The old rules allow a person to have a big
fundraiser one night and hop on a plane to a special session the
very next morning. Many would not do that because of the
appearance of impropriety, but the law allows it. There will be
more special sessions because of the 90-day session. Why not
require a legislator to disclose every campaign contribution
within 24 hours in a searchable database? Bloggers, reporters,
and the opposite party will know, within 24 hours, what the
candidate got right before voting. It would collapse these weird
lines about where a person can raise money. "It is as if we want
to put a little buffer around the capitol and say no money
changing hands around the capitol because that's bad." It looks
bad to walk across the street and have a fundraiser. But it is
legal. Constant electronic disclosure will let the public know
what a legislator is doing.
9:51:42 AM
MS. ANDERSON said a disclosure allows the public to know what is
going on, and it may be a very good alternative. She doesn't
know what kind of burden it would be on a campaign treasurer.
"But I think disclosure is what the public is interested in."
Individuals call and check the website all the time. She
explained that this section will allow the Anchorage legislators
to campaign if a special session were held there, and it would
not allow any other legislators to campaign in that area. A
legislator from the Kenai couldn't hold a fundraiser, but
Senator French and Representative Lynn could. That is important,
and she doesn't think people realize that.
9:53:12 AM
CHAIR MCGUIRE said everyone understands the principle of
removing the appearance of impropriety. She is sponsoring the
Clean Elections bill because there is a perception, real or not,
that if a person gives money to an election, there will be a
trade off. The current system allows contributions to help get a
candidate's message out. So the idea is to remove it far away
from the deliberations so it doesn't feel like a vote was
influenced by money. Kevin Meyer's bill goes one step further by
not allowing fundraising for a friend. The absurdity is a
speaker, president, or governor thinking about where to hold a
special session to influence where some members can't raise
money and others can. She reflects on the loopholes and
absurdities. Political speech is the heart of the first
amendment and maybe disclosure is a way to balance it. She wants
to spend time discussing the gift language on page 3.
9:56:02 AM
SENATOR FRENCH noted contributions to charities on page 3 and
whether someone strongholds a person into giving to a favorite
charity. Subsection (d) is intriguing and he wants a list of the
recognized non-political organizations. He asked about the
American Civil Liberties Union, Defenders of Wildlife, Planned
Parenthood, Big Brothers Big Sisters, and the Outdoor Council.
CHAIR MCGUIRE asked Representative Lynn to explain that [Page 3,
Line 5].
SENATOR STEVENS said these things are important because they can
make a violator "out of all of us so easily." He is his own
campaign treasurer and wouldn't like to immediately report every
check he gets. There is a difference between campaigning in
rural Alaska and Anchorage. He doesn't like anyone fundraising
or spending funds during a special session. "I would be more
likely to say no one, either the incumbent or the opponent, can
do anything if there's a special session going on in the
community." The repercussions can be enormous. He urged caution.
9:58:25 AM
MS. ANDERSON said the sections added into the bill are already
in statute. It would be nice if all of the exemptions dealing
with lobbyists were listed under this section instead of other
parts of the statute. Line 5 refers to language that is in
AS24.60.030 and 080. The language was put in for the Fahrenkamp
classic. A gift that is unconnected with the recipient's
legislative status is being added. Allowing legislators to be a
go-between for a charitable donation has also been in statute
for some time. Those have been in statute and she just wanted to
put them together. The compassionate gift language references
the statute. The drafter didn't reference the others.
10:01:00 AM
CHAIR MCGUIRE said Line 5 is the procedure and there is no big
problem with it. But "the things that come up on the fly, and I
wonder why we say you have to go through leg council; I wonder
why we don't just say you can receive these tickets to a charity
event from any person at any time, and then we go through and
describe" what a charity is. She noted that a Red Cross dinner
that comes up the last minute, for example, may not get approved
and officially sanctioned, but things like the skits are. The
public would find that absurd that a legislator couldn't go to a
Red Cross dinner for people in need.
MS. ANDERSON said a legislator can receive a ticket from anyone
to go to a Red Cross dinner, except a lobbyist. There are a lot
of events that aren't 501(c)(3), and it would go through
legislative counsel to be approved. The chair can approve it as
long as there is 501(c)(3) status.
10:03:04 AM
CHAIR MCGUIRE asked if a lobbyist gave her a ticket to a
charitable event, could she walk down the hall to the Chair and
say "501(c)(3)" and go.
MS. ANDERSON said yes.
SENATOR STEVENS said there will be a special session in June and
July in Juneau. If this were to pass, will Juneau legislators be
able to have fundraisers?
MS. ANDERSON said yes.
SENATOR STEVENS said Senator French will be in Juneau and can't
raise funds. Can he expend funds in Anchorage during a special
session in Juneau?
MS. ANDERSON said yes, but he can't hold a fundraiser in Juneau.
10:04:45 AM
CHAIR MCGUIRE gave a hypothetical situation: Senator French has
raised money in Anchorage, and in Juneau he works on a placard
to be mailed in his district; he works on a campaign computer in
a campaign office in downtown Juneau; he mails the check from
Juneau to pay for it.
MS. ANDERSON said, "Senator French would be allowed to go out of
the state building and work on a campaign flier, contact your
treasurer … and email back and forth, and so forth. And then
have the flyer mailed from the Anchorage area because you can't
solicit here, so technically what we've said in the past is you
really shouldn't be sending anything out from here."
SENATOR FRENCH said the solicitation rule is clear, but what
about the expenditures? If a check is mailed from Juneau and
sent to a delivery service in Anchorage to stamp a flyer and
mail it out, where is the expenditure being made?
MS. ANDERSON suggested it would be Anchorage.
SENATOR FRENCH asked if he could use an Anchorage mail house but
not one in Juneau.
MS. ANDERSON said yes. "You are not allowed to solicit funds.
You're not allowed to expend funds during a special session here
in the capital." Senator French could send out his flyer from
Anchorage soliciting funds from his constituents. "I don't see a
problem with you writing a check, sending it to the individual
in Anchorage who's going to be printing the flyer to pay for
that. Because you're not having somebody here do that. You're
sending it to Anchorage to have somebody to do that."
10:07:29 AM
SENATOR STEVENS surmised that he would be precluded from using a
Juneau printing company.
MS. ANDERSON said, "Exactly, because you're not allowed to do
anything here."
SENATOR FRENCH asked about using his cell phone to communicate
with a campaign worker. Where are the long distance charges on
his phone? That is why he wants the disclosure rule. These
questions will come up sooner or later.
CHAIR MCGUIRE asked about Senator French asking for a donation
in that same phone conversation.
10:08:53 AM
MS. ANDERSON said she would do some research, but the way the
statute reads: you shall not solicit in the capital city during
a special session. So you should not be soliciting. She doesn't
see a problem with sending a check, having something printed in
Anchorage, or calling a treasurer and working on a flyer. That
is different from making a phone call to ask for a contribution.
CHAIR MCGUIRE said the nuances can trip people up. During these
sessions everyone is hard at work, and there is pressure on a
member to make those decisions. It creates some challenges.
MS. ANDERSON said the distinction is if someone is setting up a
fundraiser or designing a flyer versus calling a person and
asking for money.
10:10:45 AM
SENATOR STEVENS said it is anti incumbency because challengers
don't need to go through this. What's the principle I'm missing?
MS. ANDERSON said a legislator is under a different microscope.
Legislators have certain restrictions based on their position
and the work they do on bills and issues. The restrictions are
the nature of the job. The Alaska vs. ACLU case stated a
compelling state interest to restrict legislators.
CHAIR MCGUIRE said there is a similar bill and both don't need
to go forward. HB 386 gets into the gift act, but it takes out
other provisions that are important to the other bill's sponsor.
MR. SICA said the law used to prohibit all candidates from
fundraising during special sessions. It was challenged and the
court determined that there was not a compelling state interest
to restrict a non-incumbent. But for legislators and staff, who
are acting on legislation, there is concern for improper
influence.
10:14:10 AM
SENATOR FRENCH recalled that it also includes regular sessions.
MR. SICA said there are disadvantages and advantages to
incumbency.
CHAIR MCGUIRE held CSHB 368(FIN) am in committee.
HJR 40-ELECTROMAGNETIC PULSE ATTACK DEFENSE
10:15:09 AM
CHAIR MCGUIRE announced consideration of HJR 40. [Before the
committee was HJR 40 am.]
JENNIFER BAXTER, Staff to Representative Nancy Dahlstrom, said
in 1997 the Alaska legislature petitioned the government to take
action to develop and deploy a missile defense system. Alaska's
Joint Arm Services Committee was briefed by a commission to
assess the threat to the country from electromagnetic pulse
(EMP) attacks. Alaska's Division of Homeland Security and
Emergency Management will include EMP in its preparedness
planning "as this threat intersects with the full range of risks
and hazards confronting the state." HJR 40 makes it a policy of
the state to follow the recommendations of the EMP commission
and urges the Department of Homeland Security (DHS) to support
states in doing this work.
MCHUGH PIERRE, Legislative Liaison, Department of Military and
Veterans Affairs (DMVA), said his department supports HJR 40.
Alaska's homeland security division has already started
understanding this kind of attack and how the state will
respond, including how to re-create computer networks. It has
not been addressed with a single-source funding, but it is part
of the big plan.
10:17:35 AM
SENATOR FRENCH asked which nations have ballistic missiles that
can reach our shores.
MEAD TREADWELL, Chairman and CEO of Venture Ad Astra, Anchorage,
said Russia, China, France, Britain, India, North Korea, and
perhaps Iran. Many other nations could load scud missiles on a
ship and reach our country.
10:19:41 AM
MR. TREADWELL thanked legislators for hosting a commission last
fall. "There is a new volume coming out that will be
underscoring the vulnerability of the United States, especially
our power grids for this." It could be difficult for someone to
use a cell phone to find their children "if this were to
happen." He said, "It is seen by some people as the kind of
disabling nonlethal weapon, I suppose, that we need to be
concerned about and prepared for." He met with people in
Maryland who are working on similar legislation. HJR 40 will
underscore what DMVA is doing as part its all-hazards approach.
An earthquake can shut down power systems on a piece-meal basis,
but very few things can shut it down on a large-scale basis and
it's important to prepare for that. The resolution will join
others in asking for support from the DHS to address the issue
on a national basis. Bill Graham has been to Alaska for a
missile defense conference and he is head of the commission. He
was the acting head of NASA during the Reagan Administration.
Congress has continued the work of the commission to build an
understanding of this issue.
10:22:18 AM
SENATOR STEVENS asked if there other nonlethal risks. This is
very specific.
MR. TREADWELL said he is not aware of any. Cyber threats are a
major threat to the United States, and entire countries have
been attacked to shut down government computer systems. There is
work going on to make sure utilities can't be hacked into. There
is a rumor that we were able to turn out the lights in Bagdad
before we dropped bombs on it. He is not an authority, but when
"I have spoken to authorities who can speak on that issue they
haven't denied what I've said." This kind of threat will be
vastly debilitating. He had dinner with utility leaders, and if
a new transformer is needed after an attack, most of them are
made offshore and the waiting list is long. The country hasn't
thought about it.
10:24:28 AM
CHAIR MCGUIRE asked how it will interfere with RFD technology.
MR. TREADWELL said he was told that the most vulnerable systems
are the ones that are part of a larger grid. A cell phone might
work after an attack, but the tower may not, so it becomes
useless. A chip may work, but the reader may not.
JUDY KOMOROWSKI, Tok, said she loves her country and loves
living in Alaska. She moved to Alaska in 1996, one year before
the legislature decided to play a major role in the defense of
the country. Alaskans didn't vote for this role. There was only
supposed to be 10 missile silos installed in Delta Junction and
now there will be over 100. It makes it a major target. A fact
sheet from the Institute of the North states that this is why
Alaska now needs to be set up for the EMP attack. "But what
about the HAARP [High Frequency Active Auroral Research Program]
station in Gakona, Alaska, and the EMP that it emits? Should
Alaska not protect itself from those pulse emissions?" There
needs to be healthy public debate on these issues that are so
pertinent to all Alaskans and Americans. This issue shouldn't be
shuffled through the legislature so quickly without a vote of
Alaskans since they seem to be on the front lines.
10:27:07 AM
SENATOR FRENCH said he went to Fort Greely and got a fascinating
tour, and it is an amazing place. Its defense system is not for
big ICBMs launched from the Soviet Union. It is made to pick up
smaller, slower flying missiles from rogue nations. "No one
should think of it as a general shield from all missile attacks,
but they do seem to be developing the capability to know just
the kinds of small missiles that can be launched against us, or
the United States in general, across our airspace."
SENATOR STEVENS asked about other risks besides EMP.
MR. PIERRE said HJR 40 is focused on EMP because Alaska has the
capability to intercept a missile and destroy it should it have
a small-yield nuclear head on board. The question is about the
state infrastructure and response, and that is why HJR 40 is
directed at EMP. "We need to raise awareness and the possibility
of this type of attack occurring and be able to continue to
function." That includes state and local government, power
grids, and communications. He said Alaska should be considering
other types of attacks, but HJR 40 is not the vehicle. "In our
all-hazards plan, we do consider cyber attacks; we do have an
energy contingency plan, essentially a reverse two-minute drill,
so when we are attacked, what type of measures do we enact right
away to make sure that we have that stability in our society to
continue to function." The resolution needs to stay focused.
10:30:05 AM
SENATOR FRENCH moved to report HJR 40 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, HJR 40 am moved from committee.
CHAIR MCGUIRE recessed the meeting to the call of the chair at
10:30:42 AM.
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