Legislature(2007 - 2008)CAPITOL 106

02/12/2008 08:00 AM House STATE AFFAIRS


Download Mp3. <- Right click and save file as

Audio Topic
08:06:54 AM Start
08:07:29 AM Confirmation Hearing(s)|| State Commission on Human Rights
08:19:08 AM Personnel Board
08:21:24 AM Alaska Public Offices Commission (apoc)
08:23:22 AM HB259
08:42:39 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearings: TELECONFERENCED
State Commission for Human Rights,
Personnel Board,
Alaska Public Offices Commission (APOC)
*+ HB 259 ESTABLISHING ALASKA HISTORY WEEK TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                       February 12, 2008                                                                                        
                           8:06 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                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S)                                                                                                         
                                                                                                                                
State Commission on Human Rights                                                                                              
                                                                                                                                
     Mark S. Fish - Anchorage, Alaska                                                                                           
     Grace Merkes - Sterling, Alaska                                                                                            
     Robert B. Sawyer, Jr. - Fairbanks, Alaska                                                                                  
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Personnel Board                                                                                                               
                                                                                                                                
     Debra E. English - Anchorage, Alaska                                                                                       
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Alaska Public Offices Commission (APOC)                                                                                       
                                                                                                                                
     Kathleen Frederick - Juneau, Alaska                                                                                        
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
HOUSE BILL NO. 259                                                                                                              
"An Act establishing the first week of every March as Alaska                                                                    
History Week."                                                                                                                  
                                                                                                                                
     - MOVED HB 259 OUT OF COMMITTEE                                                                                            
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 259                                                                                                                  
SHORT TITLE: ESTABLISHING ALASKA HISTORY WEEK                                                                                   
SPONSOR(s): REPRESENTATIVE(s) FAIRCLOUGH                                                                                        
                                                                                                                                
05/13/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
05/13/07       (H)       STA                                                                                                    
02/12/08       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
GRACE MERKES, Appointee                                                                                                         
State Commission on Human Rights                                                                                                
Sterling, Alaska                                                                                                                
POSITION STATEMENT:  Testified as appointed commissioner of the                                                               
State Commission on Human Rights.                                                                                               
                                                                                                                                
MARK S. FISH, Appointee                                                                                                         
State Commission for Human Rights                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified as appointed commissioner of the                                                               
State Commission for Human Rights.                                                                                              
                                                                                                                                
DEBRA E. ENGLISH, Appointee                                                                                                     
to the Personnel Board                                                                                                          
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified as appointee to the Personnel                                                                  
Board.                                                                                                                          
                                                                                                                                
KATHLEEN FREDERICK, Appointee                                                                                                   
to the Alaska Public Offices Commission (APOC)                                                                                  
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as appointee to APOC.                                                                          
                                                                                                                                
REPRESENTATIVE ANNA FAIRCLOUGH                                                                                                  
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 259 as prime sponsor.                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR BOB LYNN called the  House State Affairs Standing Committee                                                             
meeting to order at 8:06:54  AM.  Representatives Roses, Coghill,                                                             
Johnson,  Doll, and  Lynn  were  present at  the  call to  order.                                                               
Representatives  Johansen and  Gruenberg arrived  as the  meeting                                                               
was in progress.                                                                                                                
                                                                                                                                
^CONFIRMATION HEARING(S)                                                                                                      
^State Commission on Human Rights                                                                                             
                                                                                                                                
8:07:29 AM                                                                                                                    
                                                                                                                                
CHAIR   LYNN  announced   the  first   order  of   business,  the                                                               
confirmation hearings for appointees  to the State Commission for                                                               
Human Rights.                                                                                                                   
                                                                                                                                
8:08:38 AM                                                                                                                    
                                                                                                                                
GRACE MERKES,  Appointee, State Commission on  Human Rights, told                                                               
the committee that  she has already served on  the commission for                                                               
the past  five years and  would like the opportunity  to continue                                                               
in  that capacity.   She  noted that  she has  been chair  of the                                                               
commission  for  the   past  two  years.     She  emphasized  the                                                               
importance of  the commission as a  way for the people  of Alaska                                                               
to bring  discrimination cases to  those who  can help them.   In                                                               
response to  a question  from Representative  Lynn, she  said the                                                               
commission  operates  with  a  staff  of  between  17-18  people.                                                               
Originally, she noted,  the commission dealt with  close to 4,000                                                               
calls a  year.   For each  call, if a  resolution cannot  be met,                                                               
then  the  case  goes  to  investigation,  to  conciliation,  and                                                               
finally to  a hearing.  Out  of all the original  phone calls, 15                                                               
cases,  on  average, actually  go  to  a  hearing process.    She                                                               
estimated that there were between 12-15 hearings last year.                                                                     
                                                                                                                                
8:11:18 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL  moved  to advance  the  confirmation  of                                                               
Grace Merkes  to the joint  session of  the House and  Senate; he                                                               
requested  unanimous  consent.   There  being  no objection,  the                                                               
nomination of  Grace Merkes  to the  position of  commissioner of                                                               
the State Commission for Human Rights was advanced.                                                                             
                                                                                                                                
8:11:42 AM                                                                                                                    
                                                                                                                                
MARK S. FISH, Appointee, State  Commission for Human Rights, told                                                               
the committee that he has been  an Alaskan since 1962, and worked                                                               
in  the Alaska  Army National  Guard  for 20  years, retiring  in                                                               
2003.   He  stated, "I  view  my service  on these  boards as  an                                                               
extension of that  duty."  He said he is  in the inactive reserve                                                               
with the Alaska Army National Guard,  and he stated that he takes                                                               
his obligations and civic responsibility  seriously.  He revealed                                                               
that he  is a candidate  for state office.   He mentioned  a bill                                                               
being brought forth,  and he suggested there may  be concern that                                                               
he would  use his position on  the commission as "a  soap box" or                                                               
excuse to fundraise.  He assuaged  that concern by quoting a line                                                               
from the Army  NCO Creed, which read:   "I will not  use my grade                                                               
or position to obtain pleasure,  profit, or personal safety."  He                                                               
said that  is something he  still ascribes  to and he  hopes that                                                               
will alleviate any concerns that his run for office may have.                                                                   
                                                                                                                                
MR. FISH  stated that [human]  rights are so important  that they                                                               
were  put "right  up front"  in  the Constitution  of the  United                                                               
States.   In response to a  question from Chair Lynn,  he said he                                                               
will be running  for office in the House of  Representatives.  He                                                               
said he  does not  know whether  or not he  would have  to resign                                                               
from the commission were he to be elected to office.                                                                            
                                                                                                                                
8:14:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  proffered that the  bill to which  Mr. Fish                                                               
referred would  not allow anyone  running for office to  serve on                                                               
any  board or  commission.   He said  he has  experience in  that                                                               
regard, because  when he ran for  office, he was contacted  by an                                                               
assistant attorney general and told  that he must resign from his                                                               
position  on the  Alaska Retirement  Management  (ARM)Board.   He                                                               
suggested Mr.  Fish may want to  look into the issue.   He stated                                                               
his understanding that  if a person is paid a  stipend, he/she is                                                               
an employee of  the state and therefore would have  a conflict of                                                               
interest when filing for office.                                                                                                
                                                                                                                                
MR. FISH  offered his understanding  that those who serve  on the                                                               
State Commission for Human Rights  receive a per diem rather than                                                               
a stipend.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  ROSES thanked  Mr.  Fish for  his willingness  to                                                               
serve.                                                                                                                          
                                                                                                                                
8:17:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  moved to advance  the confirmation  of Mark                                                               
S.  Fish  to the  joint  session  of  the  House and  Senate;  he                                                               
requested  unanimous  consent.   There  being  no objection,  the                                                               
nomination of  Mark S.  Fish to the  position of  commissioner of                                                               
the State Commission for Human Rights was advanced.                                                                             
                                                                                                                                
8:17:54 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN asked  if  anybody  on the  committee  would like  to                                                               
comment regarding Robert  B. Sawyer, Jr., Appointee  to the State                                                               
Commission for Human Rights.                                                                                                    
                                                                                                                                
8:18:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL said he has  worked with Mr. Sawyer in the                                                               
Fairbanks area off and  on for 20 years.  He  said Mr. Sawyer has                                                               
been  a good  public  servant and  will do  well  serving on  the                                                               
commission.                                                                                                                     
                                                                                                                                
8:18:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL  moved  to advance  the  confirmation  of                                                               
Robert  B. Sawyer,  Jr. to  the joint  session of  the House  and                                                               
Senate;  he   requested  unanimous  consent.     There  being  no                                                               
objection,  the  nomination  of  Robert B.  Sawyer,  Jr.  to  the                                                               
position  of  commissioner  of the  State  Commission  for  Human                                                               
Rights was advanced.                                                                                                            
                                                                                                                                
^Personnel Board                                                                                                              
                                                                                                                                
8:19:08 AM                                                                                                                    
                                                                                                                                
CHAIR   LYNN  announced   the  next   order   of  business,   the                                                               
confirmation hearing for the appointee to the Personnel Board.                                                                  
                                                                                                                                
8:19:14 AM                                                                                                                    
                                                                                                                                
DEBRA E.  ENGLISH, Appointee,  to the  Personnel Board,  told the                                                               
committee that she  was appointed to the board, in  2004, by then                                                               
Governor  Frank Murkowski,  and shortly  thereafter accepted  the                                                               
position of chair.  She said  her numerous years working in state                                                               
government,  in  the area  of  human  resources, has  helped  her                                                               
assist in the board processes.   She said, "The first four years,                                                               
the  board  entertained  a  lot  of  activities  with  challenges                                                               
against the  governor and  other elected  officials, and  we were                                                               
able  to  address  that  in  a confidential  matter  and  with  a                                                               
resolution."   She  described the  Personnel Board  as effective,                                                               
and told the committee that  she would appreciate the opportunity                                                               
to continue working on it.                                                                                                      
                                                                                                                                
8:20:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL noted  that  Ms.  English's resume  shows                                                               
that she has helped the state  in many ways, and he expressed his                                                               
gratitude.                                                                                                                      
                                                                                                                                
8:21:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL  moved  to advance  the  confirmation  of                                                               
Debra E.  English to the joint  session of the House  and Senate;                                                               
he requested  unanimous consent.   There being no  objection, the                                                               
nomination  of Debra  E. English  as appointee  to the  Personnel                                                               
Board was advanced.                                                                                                             
                                                                                                                                
^Alaska Public Offices Commission (APOC)                                                                                      
                                                                                                                                
8:21:24 AM                                                                                                                    
                                                                                                                                
CHAIR   LYNN  announced   the  next   order   of  business,   the                                                               
confirmation  hearing  for the  appointee  to  the Alaska  Public                                                               
Offices Commission (APOC).                                                                                                      
                                                                                                                                
8:21:32 AM                                                                                                                    
                                                                                                                                
KATHLEEN  FREDERICK,  Appointee,  to the  Alaska  Public  Offices                                                               
Commission (APOC), said  the appeal of serving  on the commission                                                               
is that  it is an important  body, "particularly in light  of the                                                               
last  couple years."   She  indicated that  APOC serves  a quasi-                                                               
judicial and regulatory function, which  she said is appealing to                                                               
her because of her background as  a lawyer.  In response to Chair                                                               
Lynn, she  told the committee that  in the last 25  years she has                                                               
practiced  law  in the  areas  of  business, real  estate,  civil                                                               
litigation, and employment.  In  response to a follow-up question                                                               
from  the chair,  she confirmed  that  she is  familiar with  the                                                               
reporting requirements for candidates.   She said her familiarity                                                               
is  partially  due to  her  time  serving  on the  Alaska  Public                                                               
Broadcasting Commission.                                                                                                        
                                                                                                                                
8:22:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DOLL   moved  to  advance  the   confirmation  of                                                               
Kathleen Frederick to the joint  session of the House and Senate;                                                               
she requested unanimous  consent.  There being  no objection, the                                                               
nomination  of  Kathleen Frederick  as  appointee  to the  Alaska                                                               
Public Offices Commission was advanced.                                                                                         
                                                                                                                                
HB 259-ESTABLISHING ALASKA HISTORY WEEK                                                                                       
                                                                                                                                
8:23:22 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  announced that the  last order of business  was HOUSE                                                               
BILL NO. 259, "An Act establishing  the first week of every March                                                               
as Alaska History Week."                                                                                                        
                                                                                                                                
8:23:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   ANNA  FAIRCLOUGH,   Alaska  State   Legislature,                                                               
presented HB  259 as prime sponsor.   She said the  bill proposes                                                               
that  the state  recognize  the  first week  of  March as  Alaska                                                               
History  [Week].   Representative  Fairclough  reported that  for                                                               
many years,  Alaskans have participated  in the  National History                                                               
Day program,  which she stated  is the largest  history education                                                               
program  in the  nation, with  over 700,000  students and  40,000                                                               
teachers   participating  annually.     In   Alaska,  she   said,                                                               
approximately   3,000  students   and  50   teachers  participate                                                               
annually.  Representative Fairclough  concluded, "We're hoping to                                                               
bring recognition day  to Alaska so that we can  join the rest of                                                               
the  nation in  the celebration  and recognize  Alaska's heritage                                                               
and our rich culture."                                                                                                          
                                                                                                                                
8:24:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES expressed his support of the HB 259.                                                                       
                                                                                                                                
8:25:02 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH,  in response to Chair  Lynn, explained                                                               
a pin she wore showing a wooly mammoth.                                                                                         
                                                                                                                                
8:25:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL  said he likes  the idea of having  a week                                                               
[dedicated to appreciation  of Alaska's history], and  he said he                                                               
would one day  like to see a whole curriculum  offered.  He asked                                                               
Representative Fairclough to describe  what she imagines would be                                                               
the venue of an Alaska History Week.                                                                                            
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH responded  that  there  is a  national                                                               
participation framework, in which  research papers are submitted,                                                               
exhibits put up, performances offered,  and web sites built.  She                                                               
noted that  the Anchorage  School District has  sent a  letter of                                                               
support for  the bill,  as well  as Southcentral  Foundation, and                                                               
she said there would be no  mandate that would add any additional                                                               
responsibilities to any of the school districts.                                                                                
                                                                                                                                
REPRESENTATIVE COGHILL said  it would be interesting  to find out                                                               
more  about  the process,  because  he  would like  to  encourage                                                               
participation.                                                                                                                  
                                                                                                                                
8:27:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH, in  response to  Representative Doll,                                                               
said the bill sets up language  in statute to promote history and                                                               
awareness throughout the state.                                                                                                 
                                                                                                                                
8:28:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL  asked  why this  legislation  was  being                                                               
proposed by statute, rather than by resolution.                                                                                 
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH replied:                                                                                              
                                                                                                                                
     History, in  itself, is something that's  perpetual and                                                                    
     is  recognized.   I  mean, we  recognize  on an  annual                                                                    
     basis Sexual Assault Awareness month  - that's what I'm                                                                    
     most closely affiliated  with - and so,  someone has to                                                                    
     bring that forward every year  - which is a good thing,                                                                    
     to make sure that you recognize  it.  But history is so                                                                    
     much of our foundation, that  it seems codifying it and                                                                    
     placing it in statute  is an appropriate celebration of                                                                    
     that.                                                                                                                      
                                                                                                                                
8:28:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN  said he thinks highlighting  the history                                                               
of  Alaska is  an excellent  idea.   He  said there  are so  many                                                               
people flowing  into the  major population  centers that  have no                                                               
idea what  the history of Alaska  is, and he said  it bothers him                                                               
that there is no focus on the state's history, which is unique.                                                                 
                                                                                                                                
CHAIR LYNN concurred.                                                                                                           
                                                                                                                                
8:29:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL  moved to report  HB 259 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.  There being no objection,  HB 259 was reported out of the                                                               
House State Affairs Standing Committee.                                                                                         
                                                                                                                                
8:30:29 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  said  she would  appreciate  any  co-                                                               
sponsorship  of the  bill,  if  any of  the  House State  Affairs                                                               
Standing Committee members would be so inclined.                                                                                
                                                                                                                                
8:30:53 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN noted that there  are several pieces of legislation in                                                               
circulation  regarding the  issue  of legislators  voting on  the                                                               
House floor when  they have a declared conflict of  interest.  He                                                               
said he is considering establishing  a subcommittee to review the                                                               
legislation and  draw the  ideas together into  one bill.   After                                                               
committee discussion,  Chair Lynn  related that  he would  make a                                                               
decision  by the  end of  the  week regarding  how the  committee                                                               
would proceed.                                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
State  Affairs  Standing  Committee   meeting  was  adjourned  at                                                               
8:42:39 AM.                                                                                                                   

Document Name Date/Time Subjects