Legislature(2023 - 2024)GRUENBERG 120
04/26/2024 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s):|| Commission on Judicial Conduct|| Confirmation Hearing(s): | |
| HJR28 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HJR 28 | TELECONFERENCED | |
| + | SB 12 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | HB 107 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
April 26, 2024
2:09 p.m.
DRAFT
MEMBERS PRESENT
Representative Sarah Vance, Chair
Representative Ben Carpenter
Representative Jesse Sumner
Representative Andrew Gray
Representative Cliff Groh
MEMBERS ABSENT
Representative Jamie Allard, Vice Chair
Representative Craig Johnson
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
- HEARD
HOUSE JOINT RESOLUTION NO. 28
Proposing amendments to the Constitution of the State of Alaska
relating to using public funds for education.
- HEARD & HELD
COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 12(JUD)
"An Act relating to the duties of the Department of
Administration; creating an address confidentiality program; and
providing for an effective date."
- BILL HEARING RESCHEDULED TO 4/29/24
HOUSE BILL NO. 107
"An Act relating to criminal law definitions."
- BILL HEARING RESCHEDULED TO 4/29/24
PREVIOUS COMMITTEE ACTION
BILL: HJR 28
SHORT TITLE: CONST. AM: EDUCATION FUNDING
SPONSOR(s): JUDICIARY
04/18/24 (H) READ THE FIRST TIME - REFERRALS
04/18/24 (H) JUD, FIN
04/24/24 (H) JUD AT 1:00 PM GRUENBERG 120
04/24/24 (H) Heard & Held
04/24/24 (H) MINUTE(JUD)
04/26/24 (H) JUD AT 1:00 PM GRUENBERG 120
WITNESS REGISTER
ROBERT SHELDON, Appointee
Commission on Judicial Conduct
City, State
POSITION STATEMENT: Testified as appointee to the Commission on
Judicial Conduct.
MARNE SHELDON, representing self
Talkeetna, Alaska
POSITION STATEMENT: Testified in support of Mr. Sheldon's
appointment.
HUGH ASHLOCK, Owner
Diamond Center Mall
Anchorage, Alaska
POSITION STATEMENT: Testified in support of Mr. Sheldon's
appointment.
AMELIA STAPP, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in support of HJR 28.
NAOMI STAPP, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in support of HJR 28.
LAURA BONNER, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HJR 28.
ALICIA JENSEN, representing self
Sterling, Alaska
POSITION STATEMENT: Testified in support of HJR 28.
BOB BALLINGER, Staff
Representative Sarah Vance
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided a PowerPoint presentation,
entitled "HJR 28 Const. Am: Education Funding," on behalf of the
House Judiciary Standing Committee, sponsor by request, chaired
by Representative Vance.
ACTION NARRATIVE
2:09:04 PM
CHAIR VANCE called the House Judiciary Standing Committee
meeting to order at 2:09 p.m. Representatives Carpenter,
Sumner, and Vance were present at the call to order.
Representatives Groh and Gray arrived as the meeting was in
progress.
^CONFIRMATION HEARING(S):
^Commission on Judicial Conduct
^CONFIRMATION HEARING(S):
Commission on Judicial Conduct
2:09:38 PM
CHAIR VANCE announced that the first order of business would be
a confirmation hearing for Robert Sheldon, appointee to the
Commission on Judicial Conduct.
2:10:09 PM
ROBERT SHELDON, Appointee, Commission on Judicial Conduct,
testified as appointee to the Commission on Judicial Conduct,
noting that he is the only rural village public member on the
commission. He shared his professional background, financial
acumen, and past experience serving on state boards and
commissions. He explained that Alaska is priced like an
expensive emerging economy rather than a developed economy, and
said it's his hope that by ensuring continued confidence in the
Judiciary, Alaska's cost of capital would decrease over time.
He highlighted the importance of continuity and retention of
institutional knowledge on the commission, as well as a rural
voice, such as his. As a rural-based public member, he said the
pressure to properly represent is even higher because of the
underrepresentation on boards and commissions. He described the
additional pressure that builds from within the commission when
the public perspective differs from that of the law trained
members, which comprise 6 of the 9-member commission. He said
it's imperative that rural voices are heard and promulgated into
the Alaska Commission on Judicial Conduct's deliberation and
decisions. During his time on the commission, he said he worked
to increase transparency in the execution of its business, which
is difficult considering the commission's narrow definition in
statute. He gave three examples of improvement related to
notice and reporting; confidential claims; and public response.
CHAIR VANCE sought questions from committee members.
2:15:30 PM
REPRESENTATIVE SUMNER asked Mr. Sheldon to expound on the
interplay of the cost capital in Alaska and the judiciary.
MR. SHELDON explained that there's a real concern about the
level of corruption in Alaska and how it might impact the
judiciary. He contended Alaska's cost of capital has been
steadily declining, which is due in part, to the good
functioning of the judiciary. He purported that corruption
mostly occurs in the private sector now.
2:17:42 PM
REPRESENTATIVE GRAY said the Alaska Supreme Court issued a
letter stating that too often, African American, Alaska Natives,
and other people of color are not treated with the same dignity
and respect as white members of the community. He recalled that
in a 2020 Zoom call for the Commission on Judicial Conduct, Mr.
Sheldon disagreed with that letter and asserted that there's no
racism in Alaska because of the permanent fund dividend (PFD);
Alaska Native Claims Settlement Act (ANSCA) and the Alaska
National Interest Lands Conservation Act (ANILCA); and because
Alaska Natives serve on corporations. He asked whether that's
true and why Mr. Sheldon disagreed with the Alaska Supreme
Court's letter.
MR. SHELDON said that's not the proper context. He shared his
belief that Alaska suffers fewer ills than the rest of the
nation, and that the supreme court should have stipulated that
Alaska's largest corporations are minority owned; that each
citizen receives a basic income check; and that multiple
reparation cycles have been completed. He indicated that Alaska
is exceptional and should be recognized as such.
2:21:54 PM
REPRESENTATIVE GRAY said currently, the incarcerated population
in Alaska is over 40 percent Alaska Native while the actual
population is less than 20 percent Alaska Native. He asked
whether Mr. Sheldon agrees that there may be some racism
involved [in driving those rates of incarceration].
MR. SHELDON said no system of law enforcement is perfect. He
recalled that the Village Public Safety Officer (VPSO) program
was an attempt to move the needle. The idea was to promulgate
this program across villages where the indication of racism in
enforcement actions was strongest. He reported that
disappointingly, the numbers have not come down and that it's a
real problem that Alaskans must face.
2:23:11 PM
REPRESENTATIVE GRAY asked whether Mr. Sheldon had any potential
conflicts of interest.
MR. SHELDON answered no. He referenced a document from his
prior confirmation that was shown to be factually false. He
said with the help of a state senator, he issued a cease and
desist order against the person who distributed that document.
REPRESENTATIVE GRAY referred to Mr. Sheldon's resume and his
position as a founder of a company on the North Slope. He
suggested that this may impact Mr. Sheldon's desire to ensure
that the cost of development is minimized on the North Slope.
MR. SHELDON clarified that the company in question is not active
right now. He touted his achievements in tourism and said he
rarely takes on investors because the cost of capital is so high
in Alaska.
REPRESENTATIVE GRAY asked Mr. Sheldon to assure the committee
that he would not be inclined to rule in favor of private
development given that he is a founder of an independent oil and
gas exploration company on the North Slope.
MR. SHELDON assured Representative Gray that there would be no
conflict and that he would recuse himself should it be
necessary.
2:28:56 PM
REPRESENTATIVE GROH shared his understanding that Mr. Sheldon
was involved in a 2015 lawsuit and asked whether he was a member
of the commission at that time.
MR. SHELDON answered yes and noted that he successfully defended
himself in its adjudication.
REPRESENTATIVE GROH asked whether any of the judges who handled
that case were under the commission's authority.
MR. SHELDON confirmed that all of the judges were under the
commission's authority. However, he said he would have been
careful to recuse himself if a complaint was made against one of
those judges, which is standard practice.
REPRESENTATIVE GROH asked whether the cost of capital should be
the overriding concern of the Alaska Court System.
MR. SHELDON answered no. He said when he arrived, there was a
serious transparency problem that has since been fixed.
REPRESENTATIVE GROH asked whether Mr. Sheldon is aware that
ANCSA extinguished land claims and was not an act of
reparations.
MR. SHELDON answered yes and acknowledged the tremendous loss
all throughout Alaska; however, he maintained that ANCSA was an
attempt at compensation or renumeration.
CHAIR VANCE opened public testimony on the appointment of Mr.
Sheldon.
2:35:02 PM
MARNE SHELDON, representing self, testified in support of Mr.
Sheldon's appointment. She informed the committee that she is
married to Mr. Sheldon and described him as the "proverbial boy
scout." She said he stands firm on injustice, fairness, and
everything one would want a commissioner to be. She highlighted
the longevity of his service and his desire to serve well and
provide continuity to the commission.
2:36:14 PM
HUGH ASHLOCK, Owner, Diamond Center Mall, testified in favor of
Mr. Sheldon's appointment. He said Mr. Sheldon is one of the
most ethical people he's ever met, and that Mr. Sheldon's sense
of duty to Alaska is unparalleled.
CHAIR VANCE closed public testimony.
2:37:19 PM
CHAIR VANCE moved to advance the confirmation of Robert Sheldon,
appointee to the Commission on Judicial Conduct, to the joint
session of the House and Senate for consideration. He reminded
members that signing the reports regarding appointment to boards
and commissions in no way reflected individual members' approval
or disapproval of the appointees, and that the nominations are
merely forwarded to the full legislature for confirmation or
rejection. There being no objection, the confirmation was
advanced.
2:37:52 PM
The committee took an at-ease from 2:37 p.m. to 2:39 p.m.
HJR 28-CONST. AM: EDUCATION FUNDING
2:39:33 PM
CHAIR VANCE announced that the final order of business would be
HOUSE JOINT RESOLUTION NO. 28, Proposing amendments to the
Constitution of the State of Alaska relating to using public
funds for education.
CHAIR VANCE noted that she had opened public testimony on HJR 28
during the meeting on 4/24/24. She said the committee would now
continue public testimony.
2:40:07 PM
AMELIA STAPP, representing self, testified in support of HJR 28.
She said homeschooling helps her travel to Juneau as a family
and keeps her from worrying about changing schools every year.
She said it helps when money from IDEA Homeschool pays for her
education and urged the committee to save her homeschool funds.
2:41:31 PM
NAOMI STAPP, representing self, testified in support of HJR 28.
She listed the benefits of the allotment program and asked how
low-income families are supposed to educate their children
without it. She said there should be an equal opportunity for
homeschoolers, like public school students, to receive funding
to educate their family.
2:43:25 PM
LAURA BONNER, representing self, testified in opposition to HJR
28. She said every dollar going to private educational
institutions takes away from public education where the vast
majority of Alaskans go to school. She shared her belief that
vouchers could still be allowed for homeschool and
correspondence programs without changing the constitution.
2:46:10 PM
ALICIA JENSEN, representing self, testified in support of HJR
28. She opined that HJR 28 would provide clarity and that
currently, the entire homeschool program hangs in the balance.
She emphasized that this issue needs a permanent fix to move
forward.
CHAIR VANCE [closed public testimony.]
2:48:00 PM
The committee took a brief at-ease at 2:48 p.m.
2:48:04 PM
BOB BALLINGER, Staff, Representative Sarah Vance, Alaska State
Legislature, on behalf of the House Judiciary Standing
Committee, sponsor by request, chaired by Representative Vance,
directed attention to a PowerPoint presentation, entitled "HJR
28 Const. Am: Education Funding" [hard copy included in the
committee packet]. He began on slide 2, "Superior Court Ruling
threatens the educational funding of more than 22,000 students!"
Slide 2 read as follows [original punctuation provided]:
If left unaddressed, the ruling could have far-
reaching implications for education funding across the
state, jeopardizing many educational programs such as
public school programs that partner with private
institutions for concurrent enrollment programs and
technical education.
2:52:22 PM
MR. BALLINGER continued to slide 3, "Blaine Amendment," which
read as follows [original punctuation provided]:
Blaine Amendments are found in 37 state constitutions.
Although their language varies, a Blaine Amendment
includes any provision that specifically prohibits
state legislatures from appropriating funds to
religious sects or institutions, including religious
schools.
Blaine Amendments are named after a failed federal
constitutional amendment introduced in the U.S.
Congress by Sen. James G. Blaine of Maine in 1875.
2:54:13 PM
MR. BALLINGER proceeded to slide 4, "Current Juris Prudence,"
which read as follows [original punctuation provided]:
Lutheran Church v. Comer (2017)
The exclusion of churches from an otherwise neutral
and secular aid program violates the First Amendment's
guarantee of free excercise [sic] of religion.
Espinoza V. Montana Dep. of Revenue (2020)
The application of the Montana Constitution's Blaine
Amendment regarding tuition assistance to parents who
send their children to private schools discriminated
against religious schools and the families who
children attend or hope to attend in violation of the
Free Exercise Clause
Carson v. Makin (2022)
Maine's "nonsectarian" requirement for otherwise
generally available tuition assistance payments to
parents who live in school districts that do not
operate a secondary school of their own violates the
Free Exercise Clause of the First Amendment.
2:57:16 PM
MR. BALLINGER advanced to slide 5, which featured a map of
states with one of more private school choice programs. He
continued to slide 6, "Providing Flexibility," which read as
follows [original punctuation provided]:
"I do not feel that when it comes to an appropriation
of public funds it (religion) should receive any
special, either more restrictive or more favored
treatment. As Mr. White pointed out, the general
stipulation is that funds be appropriated only for
public purpose...
The fact that it has left itself open to that kind of
interpretation and, therefore, it seems that if we
give favored treatment or discriminatory treatment to
this education section, what are we going to do when
it comes to health, welfare and just anything else
that may come out. I think the public purpose
provision should be the only guidance when it comes to
appropriating public funds." -
Vic Fisher page 1529, Constitutional Convention
Proceedings
3:01:31 PM
MR. BALLINGER turned to slide 7, "Vote of the People," which
read as follows [original punctuation provided]:
Should HJR 28 pass through both legislative bodies
with a 2/3 vote, it will go to Alaskan voters, as a
proposed amendment in the upcoming general election.
This ballot proposal allows the voters the opportunity
to have a say in how public funds to have a say in how
public funds are utilized for education, guaranteeing
that the voice of every Alaskan is heard in charting
the course of our educational journey.
MR. BALLINGER concluded the presentation and said he saw no way
to remain consistent with the superior court decision while
maintaining the robust system that was in place prior to that.
He shared his belief that the only way to preserve what had been
provided to the kids is to amend the constitution and remove the
language that was deemed unconstitutional by the Alaska Superior
Court.
3:03:26 PM
CHAIR VANCE announced that HJR 28 would be held over.
3:04:19 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 3:04 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| ACJC Appointee - Robert Sheldon Resume.pdf |
HJUD 4/26/2024 1:00:00 PM |
|
| HJR 28 - Sponsor Statement.pdf |
HJUD 4/26/2024 1:00:00 PM |
HJR 28 |
| HJR 28 - v.A.pdf |
HJUD 4/26/2024 1:00:00 PM |
HJR 28 |
| HJR 28 - OG-Elections Fiscal Note (04-18-24).pdf |
HJUD 4/26/2024 1:00:00 PM |
HJR 28 |
| HJR 28 Slide.pptx |
HJUD 4/26/2024 1:00:00 PM |
HJR 28 |
| HJR 28 - Slideshow Presentation (04-26-24).pdf |
HJUD 4/26/2024 1:00:00 PM |
HJR 28 |