Legislature(2007 - 2008)CAPITOL 106
05/01/2007 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HJR22 | |
| HB237 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HJR 20 | TELECONFERENCED | |
| *+ | HJR 22 | TELECONFERENCED | |
| *+ | HB 237 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
May 1, 2007
8:04 a.m.
MEMBERS PRESENT
Representative Bob Lynn, Chair
Representative Bob Roses, Vice Chair
Representative John Coghill
Representative Kyle Johansen
Representative Craig Johnson
Representative Andrea Doll
Representative Max Gruenberg
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE JOINT RESOLUTION NO. 22
Denouncing the National Entertainment Collectibles Association's
production of the Rapist No. 1 collectible doll.
- MOVED HJR 22 OUT OF COMMITTEE
HOUSE BILL NO. 237
"An Act authorizing the governor to remove or suspend a member
of the Board of Regents of the University of Alaska for good
cause; establishing a procedure for the removal or suspension of
a regent; and providing for an effective date."
- MOVED HB 237 OUT OF COMMITTEE
HOUSE JOINT RESOLUTION NO. 20
Urging the United States Congress to intervene to eliminate or
reduce the planned parcel post and bypass mail rate increases
adopted by the United States Postal Service because of the
severe effect the rate increases will have on rural Alaska.
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: HJR 22
SHORT TITLE: DENOUNCE SALE OF "RAPIST" DOLL
SPONSOR(s): REPRESENTATIVE(s) FAIRCLOUGH
04/26/07 (H) READ THE FIRST TIME - REFERRALS
04/26/07 (H) STA
05/01/07 (H) STA AT 8:00 AM CAPITOL 106
BILL: HB 237
SHORT TITLE: REMOVING A REGENT
SPONSOR(s): STATE AFFAIRS
04/13/07 (H) READ THE FIRST TIME - REFERRALS
04/13/07 (H) STA, JUD
05/01/07 (H) STA AT 8:00 AM CAPITOL 106
WITNESS REGISTER
REPRESENTATIVE ANNA FAIRCLOUGH
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HJR 22 as prime sponsor.
SHANNON R. BELL, Educator
Standing Together Against Rape (STAR)
Anchorage, Alaska
POSITION STATEMENT: During the hearing on HJR 22, asked the
legislature to support the 1,800 who called the STAR crisis line
last year by standing against the [marketing of the rapist
doll].
CHRIS ASHENBRENNER, Interim Program Administrator
Council on Domestic Violence & Sexual Assault (CDVSA)
Department of Public Safety
Juneau, Alaska
POSITION STATEMENT: Testified that HJR 22 would send the
message that the state not only wants to hold offenders
accountable, it also wants violence stopped at a societal level.
MICHAEL BARNHILL, Assistant Attorney General
Labor and State Affairs Section
Civil Division - Juneau
Department of Law (DOL)
Juneau, Alaska
POSITION STATEMENT: Reviewed HB 237 on behalf of the House
State Affairs Standing Committee, sponsor.
ACTION NARRATIVE
CHAIR BOB LYNN called the House State Affairs Standing Committee
meeting to order at 8:04:24 AM. Representatives Roses,
Johansen, Gruenberg, Doll, and Lynn were present at the call to
order. Representatives Coghill and Johnson arrived as the
meeting was in progress.
HJR 22-DENOUNCE SALE OF "RAPIST" DOLL
8:06:11 AM
CHAIR LYNN announced that the first order of business was HOUSE
JOINT RESOLUTION NO. 22, Denouncing the National Entertainment
Collectibles Association's production of the Rapist No. 1
collectible doll.
8:06:37 AM
REPRESENTATIVE ANNA FAIRCLOUGH, Alaska State Legislature,
presented HJR 22 as prime sponsor. She reported that Alaska has
had the "dishonorable distinction" of ranking number one in the
nation for 20 of the last 27 years and number five for all 27
years in the number of rapes that occur in the state. She
expressed disbelief and horror that a toy manufacturer would put
on the market, including the Internet, the rapist doll. She
noted that she had worked for four years as the executive
director of Standing Together Against Rape (STAR), and she said
social change is one of the focuses of STAR. She opined that
someone needs to take a stand. She clarified that she is not
trying to violate anyone's constitutional right for freedom of
speech, but she wants Alaskans and their legislature to unite in
denouncing the sale of products "with this kind of vocabulary
and this kind of message to our children." She offered her
understanding that literature for the rapist doll states that
the doll is suitable for children ages three and up. She
concluded, "That is not agreeable with this parent of two
teenage boys, and it certainly is not agreeable to this
legislator."
8:08:28 AM
CHAIR LYNN agreed that the rapist doll is totally inappropriate
for any age. He said not only does the rapist doll glorify
rape, it is clothed in a military uniform, which establishes a
connection between rapists and the military. He said he finds
that abhorrent.
8:09:30 AM
REPRESENTATIVE JOHANSEN suggested that the sponsor specify that
the statistics on page 1, lines 11-14, refer to the United
States, not Alaska. He noted that those two statistics are the
only ones that do not make a specific reference to area. He
expressed his appreciation of the proposed resolution.
8:10:14 AM
CHAIR LYNN suggested that the resolution be sent to whatever
federal department is in charge of overseeing business
practices.
REPRESENTATIVE FAIRCLOUGH said she would be happy to add that
entity to the list of those who receive the resolution. She
noted that she sent the resolution to the National Sexual
Resource Center Advisory Board to let that board know the steps
Alaska is taking, and to get national attention for the issue.
8:11:35 AM
SHANNON R. BELL, Educator, Standing Together Against Rape
(STAR), relayed that if Alaska's rape count were cut in half,
the state would still rank twelfth in the nation. The area in
the state with the highest occurrence of rape is Fairbanks. He
asked the legislature to support the 1,800 who called the STAR
crisis line last year by standing against the [marketing of the
rapist doll]. He stated, "We need to show ... our community's
attitude ... that we will not tolerate the message this doll
sends to Alaska's children and families and men and women." He
warned that silence on the matter could be interpreted as
approval of the epidemic of violence.
8:15:14 AM
CHRIS ASHENBRENNER, Interim Program Administrator, Council on
Domestic Violence & Sexual Assault (CDVSA), Department of Public
Safety, said without ever getting to the [cause] of sexual
violence, all that gets treated is the [symptoms]. One way to
get to the roots of sexual violence is to denounce society's
promotion of violence of any kind against women and children.
The proposed legislation, she said, would send the message that
the state not only wants to hold offenders accountable, it also
wants violence stopped at a societal level.
8:16:56 AM
REPRESENTATIVE FAIRCLOUGH, in response to a question from Chair
Lynn, indicated her intent to contact toy manufacturers and/or
stores.
CHAIR LYNN stated concern that a raised level of controversy on
the issue may spur activity "among the 'sickos' and perverts out
there."
8:18:16 AM
REPRESENTATIVE FAIRCLOUGH said if the doll goes into production,
she will introduce a tax of $1,200 per doll to be used to pay
for the exams of those who have experienced rape. She clarified
that it costs that much for the State of Alaska to respond to
one rape.
8:19:10 AM
REPRESENTATIVE FAIRCLOUGH stated that rapists tend to objectify
women, which is "why this is so insulting." She said
objectifying someone's body disconnects people from the harm
they are doing; they lose all respect for that person. The
resolution would show that Alaska will not stand for any more
violence, and it would send a message of support to victims.
CHAIR LYNN talked about images seen in magazines and television
that desensitize people.
8:21:32 AM
REPRESENTATIVE COGHILL said the entertainment industry, in
general, has objectified people. The proposed resolution would
help hold people accountable.
8:22:20 AM
REPRESENTATIVE JOHNSON encouraged the bill sponsor to contact
the National Retail Association in an effort to broadcast the
message of the proposed resolution more widely. He stated his
support of HJR 22.
8:23:11 AM
REPRESENTATIVE DOLL stressed the importance of moving beyond the
pain of violence and sexual assault and taking action to stop
it, and she thanked the bill sponsor for her work on HJR 22.
8:23:45 AM
REPRESENTATIVE GRUENBERG concurred with the previous speakers
and emphasized the importance of the issue.
8:24:17 AM
REPRESENTATIVE ROSES moved to report HJR 22 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HJR 22 was reported out of the
House State Affairs Standing Committee.
The committee took an at-ease from 8:24:46 AM to 8:26:34 AM.
HB 237-REMOVING A REGENT
8:26:37 AM
CHAIR LYNN announced that the last order of business was HOUSE
BILL NO. 237, "An Act authorizing the governor to remove or
suspend a member of the Board of Regents of the University of
Alaska for good cause; establishing a procedure for the removal
or suspension of a regent; and providing for an effective date."
CHAIR LYNN said he looks at HB 237 as a means to being prepared.
He said he thinks since the governor has the right to appoint
someone to the Board of Regents, it seems reasonable that he/she
would have the right to suspend and remove a person from that
board.
8:28:17 AM
MICHAEL BARNHILL, Assistant Attorney General, Labor and State
Affairs Section, Civil Division - Juneau, Department of Law
(DOL), reviewed HB 237 on behalf of the House State Affairs
Standing Committee, sponsor. He said the proposed legislation
would provide a due process procedure for the governor to remove
or suspend a University of Alaska Regent, in certain
circumstances, when good cause is established.
8:29:18 AM
REPRESENTATIVE GRUENBERG moved to adopt the proposed committee
substitute (CS) for HB 237, Version 25-LS0839\C, Mischel,
4/30/07, as a work draft.
REPRESENTATIVES ROSES and DOLL objected for discussion purposes.
8:29:55 AM
MR. BARNHILL explained the changes that would be made by Version
C. He said Version C would remove notice of an effective date
from the bill title. Version C would also offer a new Section
1, containing legislative findings and purpose. He indicated
that Representative Gruenberg had recommended this section in
light of "the constitutional issues that are at stake ...." He
read the key points of Section 1.
8:32:13 AM
MR. BARNHILL hill noted that Section 2 of Version C is, in large
part, identical to Section 1 of the original bill and addresses
removal and suspension of regents. He stated, "This procedure
is not unprecedented in Alaska statutes .... It was the
intention in drafting this to not create something out of whole
cloth, but to create a procedure that's familiar and
understandable to the legislature." He reviewed the guidelines
for suspension, which are shown in Section 2, subsection (c),
paragraphs (1)-(3), and the meaning of "good cause", which is
defined in subsection (g). He noted that Section 2, subsection
(f) is new language; it read as follows: "(f) The governor may
delegate the conduct of a hearing under this section to the
office of administrative hearings under AS 44.64.030(b)." He
added, "But the governor would make the final decision."
8:35:08 AM
MR. BARNHILL, in response to a question from Chair Lynn,
directed attention to language on page 2, line 26, through page
3, line 2, of Version C, which lists the three bases for
suspension. In response to a follow-up question, he confirmed
that a person can request a hearing before and after a
suspension. The governor would conduct the hearing, unless
he/she delegates the task to the Office of Administrative
Hearings.
8:36:24 AM
REPRESENTATIVE JOHNSON directed attention to page 2, line 30,
and asked for the meaning of "information or formal criminal
charges of a misdemeanor".
8:36:44 AM
MR. BARNHILL responded, "That is the way a charge for a
misdemeanor is brought."
REPRESENTATIVE GRUENBERG expounded upon the subject by
describing the process of legal hearings. Regarding "an
information", he said, "The standard is whether the
prosecution's evidence, taken alone and unrebutted, would be
sufficient to support the charge." He offered an example.
8:39:46 AM
REPRESENTATIVE DOLL directed attention to [Section 1, subsection
(a), paragraph (2), on page 1 of Version C], which read:
(2) under AS 14.40.1709b)(1), the
legislature has delegated to the Board of Regents the
power to regulate itself, but the Board of Regents has
not adopted self-governance rules that authorize the
board to remove or suspend a regent in appropriate
circumstances; and
REPRESENTATIVE DOLL expressed concern that this language means
"we're kind of doing a quick-forward action here - preempting -
and we're writing it actually into statute." She asked Mr.
Barnhill to comment.
8:40:33 AM
MR. BARNHILL responded that nothing in HB 237 would preempt any
self-regulation by the university. He said AS 14.40.170(b)(1)
is the statute that authorizes the Board of Regents to adopt
regulations for governments of both the university and the Board
of Regents. So, under that authority, he said, the board could
adopt any by-law it saw fit, providing for a removal of a
regent. He added that the board has never done so. The point,
he clarified, is that the legislature has provided that
authority of self-governance to the university. By the same
token, he continued, the university can provide a procedure
under which the governor may remove a regent under appropriate
circumstances.
8:41:36 AM
REPRESENTATIVE COGHILL said the whole premise of HB 237 is that
the legislature has the right to "step in and make rules."
Furthermore, the proposed legislation recognizes that the
governor gets to make the appointment and bear some
responsibility for that. He turned back to page 2, line 30, and
asked, "This goes to the question of suspending, ... if there's
... doubt ... [regarding] integrity ...; but couldn't this go to
the same degree as just appearing before court for a doggie fine
...?"
8:42:35 AM
MR. BARNHILL answered no. He stated, "Again, this ties back to
charges of a misdemeanor described under (g)(3) of this
section." He directed attention to page 3, lines 14-18, which
show that the misdemeanor must be one involving dishonesty,
breach of trust, or the University of Alaska, and he indicated
that a doggy fine would not fall under any of those categories.
He said the university holds fiduciary powers, thus, putting
someone on suspension status is no different than putting a
state employee on administrative leave when charged "with
something like this." He concluded, "So, that's all the bill is
seeking to do is provide that interim procedure, both for the
protection of the university and the protection of the state."
8:43:53 AM
CHAIR LYNN said he knows that a police officer involved in a
shooting is put on administrative leave or suspension until the
matter is investigated.
8:44:14 AM
REPRESENTATIVE GRUENBERG turned to subsection (e), on page 3,
which describes that before the suspension takes place, "the
governor to the prosecution bears the burden of proof that
there's been a charge of a misdemeanor, or whatever the grounds
are." Once the suspension has taken place, he said, if the
regent wants to lift the suspension, he/she must show cause why
the suspension should be lifted, which he said "flips the burden
around." He noted that the language is carefully crafted from a
constitutional point of view so that the governor bears the
burden of persuasion in regard to removing the regent. He
mentioned a letter from the chief judge of the Office of
Administrative Hearings, which he said indicates that "this is
an appropriate type of case to refer to them," but that the
governor retains the final authority and responsibility for
making the decision.
8:46:04 AM
REPRESENTATIVE ROSES related that he had had concerns about the
misdemeanor aspect of the bill, but they were assuaged by the
use of the words, "the governor may", which means the governor
is allowed to review each individual case based on its merits.
REPRESENTATIVE ROSES removed his objection [to adopting Version
C as a work draft]. There being no further objection, Version C
was before the committee as a work draft.
[Representative Doll's objection was treated as withdrawn.]
8:47:07 AM
REPRESENTATIVE GRUENBERG moved to report CSHB 237, Version 25-
LS0839\C, Mischel, 4/20/07, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CSHB 237(STA) was reported out of the House State
Affairs Standing Committee.
8:47:39 AM
CHAIR LYNN announced upcoming meeting agenda. He noted that HB
47 may be waived out of committee.
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at
8:48:52 AM.
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