Legislature(2021 - 2022)GRUENBERG 120

04/17/2021 03:00 PM STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 123 STATE RECOGNITION OF TRIBES TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
*+ HB 157 APOC; REPORT REFERENDA/RECALL CONTRIBUTOR TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
*+ HB 148 ALASKA COORDINATE SYSTEM OF 2022 TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         April 17, 2021                                                                                         
                           3:05 p.m.                                                                                            
                                                                                                                                
                             DRAFT                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jonathan Kreiss-Tomkins, Chair                                                                                   
Representative Matt Claman, Vice Chair (via teleconference)                                                                     
Representative Geran Tarr                                                                                                       
Representative Andi Story                                                                                                       
Representative Sarah Vance                                                                                                      
Representative David Eastman                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative James Kaufman                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 123                                                                                                              
"An Act providing for state recognition of federally recognized                                                                 
tribes; and providing for an effective date."                                                                                   
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 157                                                                                                              
"An  Act requiring  the  disclosure of  the  identity of  certain                                                               
persons,  groups,  and nongroup  entities  that  expend money  in                                                               
support of or  in opposition to an application filed  for a state                                                               
referendum  or recall  election; and  providing for  an effective                                                               
date."                                                                                                                          
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 148                                                                                                              
"An Act relating to the Alaska Coordinate System of 2022."                                                                      
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 123                                                                                                                  
SHORT TITLE: STATE RECOGNITION OF TRIBES                                                                                        
SPONSOR(s): REPRESENTATIVE(s) ZULKOSKY                                                                                          
                                                                                                                                
03/03/21       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/03/21       (H)       TRB, STA                                                                                               
03/30/21       (H)       TRB AT 8:00 AM DAVIS 106                                                                               
03/30/21       (H)       Heard & Held                                                                                           
03/30/21       (H)       MINUTE(TRB)                                                                                            
04/01/21       (H)       TRB AT 8:00 AM DAVIS 106                                                                               
04/01/21       (H)       Moved HB 123 Out of Committee                                                                          
04/01/21       (H)       MINUTE(TRB)                                                                                            
04/05/21       (H)       TRB RPT 3DP 1NR                                                                                        
04/05/21       (H)       DP: FIELDS, TARR, ZULKOSKY                                                                             
04/05/21       (H)       NR: CRONK                                                                                              
04/17/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB 157                                                                                                                  
SHORT TITLE: APOC; REPORT REFERENDA/RECALL CONTRIBUTOR                                                                          
SPONSOR(s): REPRESENTATIVE(s) RASMUSSEN                                                                                         
                                                                                                                                
03/31/21       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/31/21       (H)       STA, JUD                                                                                               
04/17/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB 148                                                                                                                  
SHORT TITLE: ALASKA COORDINATE SYSTEM OF 2022                                                                                   
SPONSOR(s): REPRESENTATIVE(s) SHAW                                                                                              
                                                                                                                                
03/24/21       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/24/21       (H)       STA, RES                                                                                               
04/17/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE TIFFANY ZULKOSKY                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Introduced HB 123, as the prime sponsor.                                                                 
                                                                                                                                
LOGAN BASNER, Staff                                                                                                             
Representative Tiffany Zulkosky                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented a sectional analysis of HB 123 on                                                              
behalf of Representative Zulkosky, prime sponsor.                                                                               
                                                                                                                                
NATASHA SINGH, General Counsel                                                                                                  
Tanana Chiefs Conference                                                                                                        
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:   Provided a PowerPoint  presentation, titled                                                             
"Recognition of Alaska Tribes," dated 3/30/21/.                                                                                 
                                                                                                                                
REPRESENTATIVE SARA RASMUSSEN                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Introduced HB 157, as the prime sponsor.                                                                 
                                                                                                                                
CRYSTAL KOENEMAN, Staff                                                                                                         
Representative Sara Rasmussen                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented a  sectional analysis of HB 157 on                                                             
behalf of Representative Rasmussen, prime sponsor.                                                                              
                                                                                                                                
SCOTT KENDALL                                                                                                                   
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:    Provided  invited  testimony  during  the                                                             
hearing on HB 157.                                                                                                              
                                                                                                                                
HEATHER HEBDON, Executive Director                                                                                              
Alaska Public Offices Commission                                                                                                
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions  during the hearing on HB
157.                                                                                                                            
                                                                                                                                
REECE WILLIAMS, Staff                                                                                                           
Representative Laddie Shaw                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION   STATEMENT:     Introduced   HB   148   on  behalf   of                                                             
Representative Shaw, prime sponsor.                                                                                             
                                                                                                                                
GWEN GERVELIS, Surveys Manager                                                                                                  
Division of Mining Land and Water                                                                                               
Department of Natural Resources                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions  during the hearing on HB
148.                                                                                                                            
                                                                                                                                
JAKE MAXWELL, Executive Member                                                                                                  
Alaska Society of Professional Land Surveyors                                                                                   
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions  during the hearing on HB
148.                                                                                                                            
                                                                                                                                
REPRESENTATIVE LADDIE SHAW                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    Provided   closing  comments  during  the                                                             
hearing on HB 148, as the prime sponsor.                                                                                        
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:05:34 PM                                                                                                                    
                                                                                                                                
CHAIR  JONATHAN KREISS-TOMKINS  called  the  House State  Affairs                                                             
Standing   Committee    meeting   to    order   at    3:05   p.m.                                                               
Representatives   Tarr,  Story,   Claman  (via   teleconference),                                                               
Eastman, and  Kreiss-Tomkins were present  at the call  to order.                                                               
Representative Vance arrived as the meeting was in progress.                                                                    
                                                                                                                                
              HB  123-STATE RECOGNITION OF TRIBES                                                                           
                                                                                                                                
3:07:14 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  announced that the first  order of business                                                               
would  be  HOUSE  BILL  NO.  123, "An  Act  providing  for  state                                                               
recognition of federally recognized  tribes; and providing for an                                                               
effective date."                                                                                                                
                                                                                                                                
3:07:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TIFFANY ZULKOSKY,  Alaska State Legislature, prime                                                               
sponsor,  introduced  HB  123.    She  noted  that  the  proposed                                                               
legislation  began  as  a  bipartisan   effort  in  the  previous                                                               
legislature.   It would  for the  first time,  formally recognize                                                               
Alaska's  Tribes in  state law,  she  said.   She explained  that                                                               
Tribes had been recognized by  the federal government, as well as                                                               
the  executive  and  judicial branches  of  Alaska's  government;                                                               
however,  the  Alaska State  Legislature  had  yet to  officially                                                               
recognize  them  in  statute.     She  cited  a  memorandum  from                                                               
Legislative  Legal Services,  Legislative  Affairs Agency  (LAA),                                                               
which  affirmed  that  passing HB  123  would  not  substantively                                                               
change the  state's existing relationship  with Tribes  and would                                                               
serve as  a first  step towards  recognizing their  existence and                                                               
history in  Alaska's legal statutes.   Further, as  Alaska looked                                                               
to its Tribal partners to  provide a myriad of essential services                                                               
to Alaskans living  in remote parts of the  state, she emphasized                                                               
the  importance  of healing  historic  political  division.   She                                                               
reported  that in  2017, the  State of  Alaska entered  its first                                                               
compact with Tribes  by signing the Tribal  Child Welfare Compact                                                               
to  address the  significant  disproportionate  number of  Alaska                                                               
Native  children in  state custody.   More  recently, Tribes  and                                                               
Tribal    nonprofits   provided    timely,   expanded    COVID-19                                                               
vaccinations  well before  the state  had the  ability to  do so.                                                               
She  believed  it  was  difficult for  the  legislature  to  have                                                               
meaningful discussions about  expanding relationships with Tribes                                                               
when their existence  was not formally acknowledged  in the first                                                               
place.  She  recalled testimony from the  House Special Committee                                                               
on  Tribal Affairs  (HTRB) that  acknowledged  the difficulty  of                                                               
discussing  progress without  resolving  some  of the  historical                                                               
trauma that occurred in Alaska.   In closing, she maintained that                                                               
the time had  long come for Alaska to acknowledge  its Tribes and                                                               
offer  a  path  towards reconciliation  by  recognizing  Alaska's                                                               
first people for the first time in state law.                                                                                   
                                                                                                                                
3:13:24 PM                                                                                                                    
                                                                                                                                
LOGAN  BASNER,  Staff,  Representative Tiffany  Zulkosky,  Alaska                                                               
State Legislature,  on behalf  of Representative  Zulkosky, prime                                                               
sponsor, provided  a sectional  analysis of  HB 123  [included in                                                               
the   committee  packet],   which  read   as  follows   [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
                                                                                                                                
     Section 1:  This section  adds legislative  finding and                                                                  
     intent language.                                                                                                           
                                                                                                                                
     Section  2:  This section  is  a  technical change  and                                                                  
     could have been included in  a revisor's bill. In 2016,                                                                    
     provisions from  chapter 14 of  title 25 of  the United                                                                    
     States  Code   were  reorganized.  As  a   result,  the                                                                    
     Federally  Recognized Indian  Tribe  List  Act of  1994                                                                    
     received a  different section number in  the U.S. Code.                                                                    
     The operative  provision of this  bill in Section  4 of                                                                    
     the bill references this act.  The proposed new statute                                                                    
     in  Section  4 cross  references  AS  23.20.520 and  so                                                                    
     Legislative Legal  is suggesting  that the  new section                                                                    
     number in the U.S. Code be updated in this statute.                                                                        
                                                                                                                                
     Sections  3  and 4.  Sections  2  and 3  are  technical                                                                  
     changes.  The proposed  new statute  of  this bill  was                                                                    
     deemed  to  be  codified  in AS  44.03  by  Legislative                                                                    
     Legal.  This chapter  of title  44  contains only  four                                                                    
     statutes   that   deal   with   state   ownership   and                                                                    
     jurisdiction of offshore water  and submerged lands and                                                                    
     rules  of  statutory   construction  for  the  chapter.                                                                    
     Because  the proposed  new statute  of this  bill is  a                                                                    
     completely   different   concept  than   the   existing                                                                    
     statutes  within  AS  44.03,  clarifying  language  was                                                                    
     inserted  to  accommodate   the  proposed  new  statute                                                                    
     within this chapter.                                                                                                       
                                                                                                                                
     Section  5.  This  section contains  the  proposed  new                                                                  
     statute  which acknowledges  the  unique status  tribes                                                                    
     have  with  the federal  government  and  makes it  the                                                                    
     State's official  policy that the State  recognizes the                                                                    
     federally  recognized   tribes  within  the   state  of                                                                    
     Alaska.  The list  of  federally  recognized tribes  is                                                                    
     codified in  the U.S. Code and  this statute references                                                                    
     that   act.  This   section  makes   clear  that   this                                                                    
     recognition  is  in  no  way  intended  to  affect  the                                                                    
     federal  trust   responsibility  the   U.S.  Government                                                                    
     extends  to tribes  nor is  it an  attempt to  create a                                                                    
     state trust responsibility to tribes.                                                                                      
                                                                                                                                
     Section 6: Adds an immediate effective date.                                                                             
                                                                                                                                
MR.  BASNER emphasized  that the  proposed legislation  would not                                                               
create additional rights  or privileges for Tribes,  nor would it                                                               
lead to  the creation of  casinos.   He referenced a  letter from                                                               
the  Alaska  Oil and  Gas  Association  (AOGA) [included  in  the                                                               
committee  packet],   later  adding  that  the   bill  would  not                                                               
interfere   with  access   to  natural   resources  or   resource                                                               
development.                                                                                                                    
                                                                                                                                
3:16:56 PM                                                                                                                    
                                                                                                                                
NATASHA SINGH,  General Counsel, Tanana Chiefs  Conference (TCC),                                                               
informed  committee members  that  TCC  represented 37  federally                                                               
recognized Tribes  in interior  Alaska.   She explained  that TCC                                                               
was a Tribal  consortium that assisted Tribes  with their federal                                                               
relationships.  She introduced  a PowerPoint presentation, titled                                                               
"Recognition  of  Alaska  Tribes"  [hard  copy  included  in  the                                                               
committee packet].  She briefly  discussed the historical context                                                               
of Tribes in Alaska on slide  2 before defining Tribes in further                                                               
detail  on slide  3,  titled  "What are  Tribes,"  which read  as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
        • Domestic Dependent Nations                                                                                            
        • Inherent powers and authorities with self-                                                                            
          governance of internal affairs, e.g. type of                                                                          
          government; tribal membership                                                                                         
        • Tribes exercise all powers, unless those powers                                                                       
          have been expressly limited by Congress                                                                               
        • Regulate matters pertaining to tribal members,                                                                        
          e.g. taxes, property, members' conduct                                                                                
        • Immune from lawsuits                                                                                                  
        • Tribes are not state or local governments;                                                                            
          political    subdivisions     or    agencies    or                                                                    
          instrumentalities of the federal or state                                                                             
          governments; tax exempt organizations                                                                                 
                                                                                                                                
3:21:38 PM                                                                                                                    
                                                                                                                                
MS. SINGH continued to slides  4-5, which reviewed the historical                                                               
relationship between Tribes and  the United States Government via                                                               
federal Indian policy  periods.  She conveyed  that these periods                                                               
of  federal  policy  reflected   the  different  approaches  that                                                               
Congress  took to  what they  termed "the  Indian problem."   She                                                               
explained that  the colonial  period [1492-1820]  established the                                                               
initial     government-to-government    relationship.         The                                                               
removal/relocation period  [1820-1850] gave rise to  the Trail of                                                               
Tears, as the  United States expanded its  territory pushing East                                                               
Coast  Tribes westward.    The  reservation/treaty period  [1850-                                                               
1997] saw  the development of numerous  treaties between Lower-48                                                               
Tribes and  the federal government;  many reservations  were also                                                               
created.   Subsequently,  during the  allotment and  assimilation                                                               
period [1887-`1934],  the United States rolled  back the promises                                                               
made  in its  treaties and  the effort  to culturally  assimilate                                                               
Native  Americans  ensued.   The  Indian  self-government  period                                                               
[1934-1953]  consisted of  a  paternalistic  dynamic wherein  the                                                               
United  States provided  services  to  Tribes with  stipulations.                                                               
The termination  period followed [1953-1960s],  which essentially                                                               
ended   the   government-to-government   relationship   and   the                                                               
political existence  of some  Tribes.   Lastly, the  prior failed                                                               
policies culminated  in the successful  self-determination period                                                               
[1960s   -  present]   under  President   Richard  Nixon,   which                                                               
originated from the concept of local control                                                                                    
                                                                                                                                
3:28:32 PM                                                                                                                    
                                                                                                                                
MS. SINGH  proceeded to slides 6-7  and discussed a set  of three                                                               
Supreme  Court  decisions referred  to  as  the Marshal  Trilogy,                                                               
which affirmed  the legal  and political  standing of  Tribes and                                                               
established them as  domestic dependent nations.   She touched on                                                               
the Alaska Purchase and the Treaty  of Cession on slide 8.  Slide                                                               
9   emphasized  that   the  relationship   between  the   federal                                                               
government  and  Tribes  was  constitutionalized  in  Article  I,                                                               
Section  8,  Clause  3  of  the  U.S.  Constitution,  which  also                                                               
specified  that Congress  has the  authority to  regulate Tribes.                                                               
She  advanced to  slide  10,  titled "Self-Determination,"  which                                                               
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
        • The only policy that has worked to make                                                                               
          significant   progress   in  reversing   otherwise                                                                    
          distressed   social,    cultural,   and   economic                                                                    
          conditions in Native communities.                                                                                     
        • The policy of self-determination reflects a                                                                           
          political  equilibrium, which  has  held for  four                                                                    
          decades and which has  withstood various shifts in                                                                    
          the  party  control  of  Congress  and  the  White                                                                    
          House.                                                                                                                
        • The first major piece of legislation, Public Law                                                                      
          93-638,  the  Indian  Self  Determination  Act  of                                                                    
          1975.                                                                                                                 
               -Tribes identify  federal government services                                                                    
          that  they wish  to  provide to  their own  tribal                                                                    
          members and  contract for  the federal  funding to                                                                    
          provide those services themselves.                                                                                    
                                                                                                                                
MS.  SINGH  noted that  Tribal  recognition  and the  pursuit  of                                                               
Tribal    self-determination    was    a    bipartisan    effort.                                                               
Additionally, she  explained that  the two federal  compacts held                                                               
by TCC  were made possible by  the authority in the  Indian Self-                                                               
Determination   and  Education   Assistance  Act   championed  by                                                               
President Nixon.                                                                                                                
                                                                                                                                
3:34:32 PM                                                                                                                    
                                                                                                                                
MS.  SINGH  provided an  overview  of  Executive Order  13175  on                                                               
slides 11-12.  The executive  order further recognized the United                                                               
States'  unique legal  relationship with  Tribal governments  and                                                               
established  regular consultation  and collaboration  with Tribes                                                               
in  the   development  of  federal   policies  that   had  Tribal                                                               
implications.  Slides 13-16  examined the historical relationship                                                               
between Tribes  and the State  of Alaska.   She explained  that a                                                               
large portion of  the state's Tribal population  was either wiped                                                               
out or forced  into settlements and boarding schools.   There was                                                               
also no acknowledgment of Tribes  in both the Alaska Constitution                                                               
and the Alaska Native Claims  Settlement Act (ANCSA) [1971].  She                                                               
conveyed that  the lack of  dialogue between the State  of Alaska                                                               
and Tribes caused confusion, and  in Native Village of Stevens v.                                                             
Alaska  Management &  Planning [1988],  the Alaska  Supreme Court                                                             
indicated that there had never  been tribes of Indians in Alaska.                                                               
Additionally,  a  1991  Alaska  administrative  order  (No.  125)                                                               
opposed the expansion  of Tribal government powers.   She relayed                                                               
that  in  response  to the  "Sansonetti  Opinion"  [1993],  which                                                               
disagreed with the Alaska Supreme  Court's historical analysis of                                                               
Tribes in Stevens Village, the  U.S. Department of Interior (DOI)                                                             
issued  a list  of federally  recognized tribes  in Alaska.   One                                                               
year  later,  Congress  passed the  Federally  Recognized  Indian                                                               
Tribe  List Act  of  1994  that directed  BIA  [Bureau of  Indian                                                               
Affairs]  to publish  lists of  recognized  Tribes that  included                                                               
Alaska's.   She stated  that eventually, case  law with  a better                                                               
understanding of  Tribes and their  political and  legal standing                                                               
developed.   Slide 16, titled  "Current Position of the  State of                                                               
Alaska  on  Recognition of  Tribes,"  read  as follows  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
        • Alaska Supreme Court - "If Congress or the                                                                            
          Executive  Branch  recognizes  a group  of  Native                                                                    
          Americans as  a sovereign  Tribe, we 'must  do the                                                                    
          same.'" John v. Baker (1999)                                                                                          
        • State of Alaska's Executive Branch - "[W]e will                                                                       
          improve  government-to-government  relations  with                                                                    
          Alaska Tribes  []."  Alaska  Admin. Order  No. 300                                                                    
          (2018).  See also  Alaska Department  of Law  2017                                                                    
          Opinion -  Legal status  of tribal  governments in                                                                    
          Alaska   ("[T]here   are   no   unresolved   legal                                                                    
          questions  regarding the  legal  status of  Alaska                                                                    
          Tribes    as     federally    recognized    tribal                                                                    
          governments.")                                                                                                        
                                                                                                                                
3:41:37 PM                                                                                                                    
                                                                                                                                
MS. SINGH continued  to slide 17, titled "HB 123,"  which read as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
        • Will bring the Alaska State Legislature in-line                                                                       
          with the  other two  branches of  State government                                                                    
          regarding the status of Alaska Tribes.                                                                                
        • Will modernize the policy towards Alaska Native                                                                       
          tribes by officially  moving the State legislature                                                                    
          out  of the  Termination  Era and  into the  Self-                                                                    
          Determination Era.                                                                                                    
        • Create the potential for the State of Alaska to                                                                       
          lead  the  country  in  creation  of  State-tribal                                                                    
          relations.                                                                                                            
                                                                                                                                
MS. SINGH  concluded that the  37 federally recognized  Tribes of                                                               
Interior Alaska favored the proposed  legislation.  She expressed                                                               
excitement for  the opportunity to grow  the relationship between                                                               
state government  and Alaska's Tribes  and an interest  in fixing                                                               
existing state issues together.                                                                                                 
                                                                                                                                
CHAIR KREISS-TOMKINS invited questions from committee members.                                                                  
                                                                                                                                
3:43:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  speculated that if Alaska  would lead the                                                               
country  in   state  and  tribal  relations   with  the  proposed                                                               
legislation, there must be bipartisan  [opposition] to this idea.                                                               
He asked what was keeping all 50 states from going this route.                                                                  
                                                                                                                                
MS. SINGH  clarified that  Alaska was in  last place  with Tribal                                                               
relations, but  it had  the potential  to lead  the nation.   She                                                               
indicated   that  other   states  were   in  various   stages  of                                                               
relationships with  Tribes: some  had entered  into sophisticated                                                               
compact  agreements   that  addressed  criminal   justice,  child                                                               
protection, and education, while  others acknowledged Tribes that                                                               
were  not even  federally recognized.   She  reiterated that  the                                                               
mere  recognition of  Alaska's Tribes  would allow  the state  to                                                               
lead the nation and could move Alaska out of last place.                                                                        
                                                                                                                                
REPRESENTATIVE ZULKOSKY  noted that there were  roughly 12 states                                                               
that had recognized  Tribes through legislation.   She offered to                                                               
provide that information to the  Chair's office for distribution.                                                               
She pointed  out that of  the 571 federally recognized  Tribes in                                                               
the country, 229  subsisted in Alaska; therefore,  Alaska had the                                                               
potential  to  be   a  leader  for  improved   state  and  Tribal                                                               
relations.   She opined that  with so  many Tribes in  Alaska, it                                                               
was unfortunate that  the state had yet to  acknowledge Tribes in                                                               
state law.                                                                                                                      
                                                                                                                                
3:46:50 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS,  referring to  the bill  language, inquired                                                               
about the change in federal citation on Page 2, line 2.                                                                         
                                                                                                                                
REPRESENTATIVE ZULKOSKY  offered to follow up  with the requested                                                               
information.                                                                                                                    
                                                                                                                                
3:48:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  observed that Section  3 looked as  if it                                                               
would restrict applicability  to a smaller portion  of statute as                                                               
opposed to  the entire  chapter.   He asked  why that  change was                                                               
necessary.                                                                                                                      
                                                                                                                                
REPRESENTATIVE ZULKOSKY  offered to follow up  with the requested                                                               
information.                                                                                                                    
                                                                                                                                
3:49:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE  sought to  clarify  the  meaning of  self-                                                               
determination versus a domestic dependent [nation].                                                                             
                                                                                                                                
REPRESENTATIVE  ZULKOSKY returned  to slide  6, titled  "Domestic                                                               
Dependent Nations," which read:                                                                                                 
                                                                                                                                
      a weaker  power does not surrender  its independence -                                                                    
     its  right to  elf-government -  by associating  with a                                                                    
     stronger, and  takings its protection.   A  weak state,                                                                    
     in order  to provide for  its safety, may  place itself                                                                    
     under  the protection  of  one  more powerful,  without                                                                    
     stripping  itself  of  the  right  of  government,  and                                                                    
     ceasing to be a state.                                                                                                     
                                                                                                                                
REPRESENTATIVE  ZULKOSKY indicated  that the  slide captured  the                                                               
issue  of  inherent  sovereignty  that  was  often  discussed  in                                                               
association to  the relationships  that Tribes have  with federal                                                               
or state  government.  She  expounded that while Tribes  may have                                                               
aligned themselves  with stronger governments, there  was also an                                                               
opportunity   for   the   federal   government,   through   self-                                                               
determination  policy,  to  allow  them  to  make  decisions  for                                                               
themselves.  She  suggested considering Tribes as  the most local                                                               
form  of government,  adding that  the term  "Tribal sovereignty"                                                               
should not  be a  scary word.   She pointed out  that it  was the                                                               
"domestic   dependent  nations"   framework  with   which  Tribes                                                               
exercised their  self-determination.  She considered  the example                                                               
of Tribal  health, explaining that  the federal  compacts allowed                                                               
Tribes  to  offer   healthcare  in  the  stead   of  the  federal                                                               
government; however,  she noted that the  federal government also                                                               
seeded  decision making  authority  to Tribes  to  allow them  to                                                               
create  culturally relevant,  locally  appropriate programs  that                                                               
worked   best  in   their  communities.     She   believed  self-                                                               
determination  was  a  policy framework  that  provided  decision                                                               
making authority  to domestic dependent nations  that had aligned                                                               
with the federal government.                                                                                                    
                                                                                                                                
3:53:13 PM                                                                                                                    
                                                                                                                                
MS.  SINGH  agreed  with  Representative  Zuloksky,  adding  that                                                               
"domestic   dependent  nation   status"   was   a  legal   status                                                               
established  in the  Cherokee Nation  v. Georgia  decision.   The                                                             
case outlined  the sovereign  nature of  Tribes as  unlike states                                                               
and quasi-sovereign.   Alternatively, she said self-determination                                                               
was  a policy,  which implemented  the legal  status of  domestic                                                               
dependent nations.                                                                                                              
                                                                                                                                
3:54:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE  claimed that  there was an  underlying fear                                                               
of Tribes becoming  legally recognized by the  state and pondered                                                               
"what  lies at  the heart  of that  fear?"   She asked  where the                                                               
state  fit in  the relationship  between governments  and whether                                                               
the bill sponsor had addressed some of the "unknown fears."                                                                     
                                                                                                                                
REPRESENTATIVE ZULKOSKY  in response to a  previous question from                                                               
Chair  Kreiss-Tomkins  regarding  the   language  in  Section  2,                                                               
clarified  that  the reference  change  was  a technical  change.                                                               
Similarly,   in   response   to    a   previous   question   from                                                               
Representative  Eastman, she  said the  change in  Section 3  was                                                               
also a technical  change and directed attention  to the sectional                                                               
analysis  [included   in  the   committee  packet]   for  further                                                               
explanation.  Returning to  Representative Vance's questions, she                                                               
declined to speculate  on the actions of  future legislators with                                                               
respect to their  opinions on Tribes in Alaska.   She stated that                                                               
the beauty of HB 123 was  that it would provide an opportunity in                                                               
2021, as  the country  was experiencing  significant divisiveness                                                               
and  challenges with  cultural  relationships,  for the  existing                                                               
legislature  to  pass  straightforward [legislation]  that  would                                                               
establish state policy  acknowledging federally recognized Tribes                                                               
in Alaska for the first time  since statehood.  She believed that                                                               
simple  recognition   would  go   a  long  way   towards  healing                                                               
historical and  political divisions.  She  continued by reporting                                                               
that  Alaska led  the  country in  the number  of  times a  state                                                               
government  had sued  Tribes  in its  attempt  to diminish  their                                                               
authority;  further,   [Alaska's]  Tribes  had  not   seen  great                                                               
reparation  for  the colonial  and  extermination  periods.   She                                                               
opined that the bill was long overdue.                                                                                          
                                                                                                                                
4:00:09 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS [announced that HB 123 was held over].                                                                     
                                                                                                                                
       HB  157-APOC; REPORT REFERENDA/RECALL CONTRIBUTOR                                                                    
                                                                                                                                
4:00:53 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  announced that  the next order  of business                                                               
would be HOUSE BILL NO. 157,  "An Act requiring the disclosure of                                                               
the identity  of certain persons,  groups, and  nongroup entities                                                               
that  expend  money  in  support   of  or  in  opposition  to  an                                                               
application filed for a state  referendum or recall election; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
4:01:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SARA RASMUSSEN,  Alaska State  Legislature, prime                                                               
sponsor,  introduced HB  157.   She  conveyed  that the  proposed                                                               
legislation  would move  the  statutory  boundary for  disclosing                                                               
certain  contributions  and  expenditures   from  those  made  to                                                               
influence a referendum or recall  election to an earlier point in                                                               
the  statutory  process.    It would  require  the  reporting  of                                                               
certain  campaign finance  activity  prior to  the collection  of                                                               
signatures,   she   said.      This    would   align   both   the                                                               
recall/referendum    reporting   requirements    with   reporting                                                               
requirements for ballot  initiatives.  She noted  that an article                                                               
from the  Alaska political blog,  "the Alaska  Landmine,alerted                                                                 
her to the  issue.  She concluded that Alaskans  deserved to know                                                               
who was funding  any referendum or recall election.   She pointed                                                               
out  that  financial contributions  were  a  significant part  of                                                               
relaying   a   campaign   message  or   successfully   collecting                                                               
signatures.  She  said she hoped the bill would  make the process                                                               
more   transparent.     Further,  she   believed  that   aligning                                                               
[reporting] requirements  would create  less confusion  for those                                                               
working on recall/referendums or ballot initiatives.                                                                            
                                                                                                                                
4:03:13 PM                                                                                                                    
                                                                                                                                
CRYSTAL  KOENEMAN, Staff,  Representative Sara  Rasmussen, Alaska                                                               
State Legislature,  on behalf of Representative  Rasmussen, prime                                                               
sponsor, presented  a sectional analysis  of HB 157  [included in                                                               
the   committee  packet],   which  read   as  follows   [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Sections 1: AS 15.13.010(b)    Applicability related to                                                                  
     State  Election  Campaigns.  Adds language  related  to                                                                  
     initiative    proposal,    referendum,    and    recall                                                                    
     applications.                                                                                                              
                                                                                                                                
     Sections  2:  AS  15.13.050(a)     Registration  before                                                                  
     expenditure.  Adds language  related to  referendum and                                                                  
     recall applications.                                                                                                       
                                                                                                                                
     Sections  3:  AS  15.13.065(c)     Contributions.  Adds                                                                  
     language    related    to   referendum    and    recall                                                                    
     applications.                                                                                                              
                                                                                                                                
     Sections  4:  AS  15.13.110(e)     Filing  of  Reports.                                                                  
     Rewrites  the language  related to  those receiving  or                                                                    
     making expenditures  to support or  oppose referendums.                                                                    
     This language  is identical  to the  language contained                                                                    
     in  AS 15.13.040(k)  for  ballot proposition  reporting                                                                    
     requirements and AS  15.13.110(g) for ballot initiative                                                                    
     reporting requirements.                                                                                                    
                                                                                                                                
     Sections 5:  AS 15.13.110    Filing of Reports.  Adds a                                                                  
     new  subsection  (k)  for  those  receiving  or  making                                                                    
     expenditures  to  support  or  oppose  a  recall.  This                                                                    
     language is identical to Section  4 of this bill and AS                                                                    
     15.13.040(k)    for   ballot    proposition   reporting                                                                    
     requirements and AS  15.13.110(g) for ballot initiative                                                                    
     reporting requirements.                                                                                                    
                                                                                                                                
     Sections  6: AS  15.13.400(4)    Definitions.  Modifies                                                                  
     the  definition of  "contributions"  to include  groups                                                                    
     and referendum and recall applications.                                                                                    
                                                                                                                                
     Sections  7: AS  15.13.400(7)    Definitions.  Modifies                                                                  
     the definition of  "expenditures" to include referendum                                                                    
     and recall applications.                                                                                                   
                                                                                                                                
     Sections  8: AS  15.13.400(7)    Definitions.  Modifies                                                                  
     the  definition of  "group" to  include referendum  and                                                                    
     recall applications.                                                                                                       
                                                                                                                                
     Sections  9:  Uncodified  law.  States  that  this  Act                                                                  
     applies only  to referendums or recalls  that are filed                                                                    
     on or after the effective date of this Act.                                                                                
                                                                                                                                
     Sections 10:  Provides for a January  1, 2022 effective                                                                  
     date.                                                                                                                      
                                                                                                                                
4:06:19 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  noted that the current  campaign [to recall                                                               
the  governor] had  been  "front and  center."   He  said he  was                                                               
always struck  by the  gaping loophole in  the laws  and believed                                                               
that fixing [that loophole] would make sense for all parties.                                                                   
                                                                                                                                
4:06:53 PM                                                                                                                    
                                                                                                                                
SCOTT KENDALL, informed committee members that he worked as an                                                                  
attorney in Anchorage but was testifying in a personal capacity.                                                                
He pointed out that there were  people on both sides of a current                                                               
effort  [to  recall  Governor Mike  Dunleavy];  nonetheless,  the                                                               
proposed  legislation  would  treat   both  sides  equally.    He                                                               
emphasized  that regardless  of  the  political affiliation,  [HB
157] would keep everyone honest.   He conceded that he might seem                                                               
like an odd advocate for the bill.   He disclosed that he was one                                                               
of  the authors  of Governor  Dunleavy's  recall and  one of  the                                                               
attorneys who successfully challenged  the denial of that recall;                                                               
additionally,  he said  he had  personally donated  funds to  the                                                               
recall campaign.   He noted that  he was also one  of the authors                                                               
of  Alaska  Ballot  Measure 2  in  2020  [Top-Four  Ranked-Choice                                                               
Voting  and  Campaign  Finance  Laws  Initiative]  that  promoted                                                               
election  transparency.   He conveyed  that he  found it  evident                                                               
from his  experience as  a campaign  and elections  attorney that                                                               
the  current  void  in  the  law harmed  the  public  overall  by                                                               
shielding  political activities  from  disclosure,  which led  to                                                               
needless controversy  and speculation.   He stated  that Alaskans                                                               
had a  right to transparency.   He opined that  all organizations                                                               
supporting or  opposing Governor Dunleavy's recall  campaign were                                                               
complying with  current law; however,  the law  lacked disclosure                                                               
requirements.   He  acknowledged the  public attention  regarding                                                               
the  lack of  financial transparency  from the  "Recall Dunleavy"                                                               
movement  and  drew attention  to  an  equally troubling  detail,                                                               
explaining that  when a  public official  was under  recall, that                                                               
public official could solicit  unlimited donations from virtually                                                               
any source without disclosure.   He characterized the loophole in                                                               
the  law with  respect to  the finances  of recall  elections and                                                               
referendums as  "incredibly harmful,"  adding that  it undermined                                                               
the  public's faith  in elections.    He said  regardless of  the                                                               
individuals who may  be involved in a future  recall, his opinion                                                               
was that  the status quo was  untenable.  He said  [the loophole]                                                               
was  a "massive  blind spot"  for  the public;  further, that  it                                                               
created  an unacceptably  high risk  of potential  corruption and                                                               
undue  influence  on  sitting  elected   officials.    For  those                                                               
reasons, he  urged [committee members']  to support  the proposed                                                               
legislation.                                                                                                                    
                                                                                                                                
4:10:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STORY thanked  the bill  sponsor and  agreed that                                                               
there  seemed  to  be a  gap  in  the  law.   She  asked  whether                                                               
requiring  disclosures from  referendums  and recall  initiatives                                                               
was a common practice in other states.                                                                                          
                                                                                                                                
MS.  KOENEMAN  offered  to  follow up  with  information  on  the                                                               
requirements in other states.                                                                                                   
                                                                                                                                
REPRESENTATIVE STORY  asked why the proposed  legislation did not                                                               
have an immediate effective date.                                                                                               
                                                                                                                                
REPRESENTATIVE  RASMUSSEN  opined  that  changing  the  reporting                                                               
requirements in  the middle of  an effort to recall  the governor                                                               
could create  a political environment  in which the bill  may not                                                               
advance.  She noted that she  would not be opposed to any current                                                               
recall  campaign sharing  its  financial  information by  choice.                                                               
She emphasized her  desire for a clean transition  and shared her                                                               
hope that current recalls would not  be impacted by this, as that                                                               
could create a barrier for the proposed legislation.                                                                            
                                                                                                                                
CHAIR KREISS-TOMKINS  pointed out that any  changes in commercial                                                               
fishing  regulations  were  scheduled  for  the  "nadir"  of  the                                                               
offseason, indicating that this could be similar.                                                                               
                                                                                                                                
4:13:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE  questioned why the bill  excluded municipal                                                               
referendums.                                                                                                                    
                                                                                                                                
MS.  KOENEMAN   pointed  out  that  there   were  many  different                                                               
reporting  requirements  for   municipalities,  noting  that  the                                                               
proposed legislation  focused on  state elections.   Nonetheless,                                                               
she offered to look into the municipal code.                                                                                    
                                                                                                                                
REPRESENTATIVE RASMUSSEN  added that she was  open to considering                                                               
how the addition  of municipal or borough  requirements for local                                                               
recalls would impact the bill.                                                                                                  
                                                                                                                                
4:14:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN asked how long  Alaskan have had the right                                                               
to recall their public officials.                                                                                               
                                                                                                                                
MS. KOENEMAN deferred the question to Ms. Hebdon.                                                                               
                                                                                                                                
4:15:25 PM                                                                                                                    
                                                                                                                                
HEATHER  HEBDON,   Executive  Director,  Alaska   Public  Offices                                                               
Commission, said she was unsure.                                                                                                
                                                                                                                                
MS.  KOENEMAN  believed  the requested  information  was  in  the                                                               
Alaska Constitution.                                                                                                            
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  how many  recall efforts  had been                                                               
successful.                                                                                                                     
                                                                                                                                
REPRESENTATIVE RASMUSSEN  share her understanding that  there had                                                               
never  been a  successful  recall campaign  at  the state  level.                                                               
Nonetheless, she  believed that with the  increased occurrence of                                                               
recall    efforts   during    elections,   financial    reporting                                                               
requirements should be as transparent as possible.                                                                              
                                                                                                                                
CHAIR KREISS-TOMKINS concurred  that there had been  very few, if                                                               
any,  successful  recall  elections  in  state  history.    As  a                                                               
supporter  of   the  bill,  he  expressed   concern  that  recall                                                               
campaigns were  not required to disclose  their financials, which                                                               
he  characterized  as  a  "black box  of  a  campaign  apparatus"                                                               
regardless of  whether the recall  came to fruition.   He pointed                                                               
out that  all the money  was unaccounted  for and being  used for                                                               
political communication.  He reiterated  that even if the recalls                                                               
never  resulted  in  an  election,  there  was  still  a  massive                                                               
transparency  problem,  which   the  proposed  legislation  would                                                               
solve.                                                                                                                          
                                                                                                                                
4:18:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  agreed  that  there  had  never  been  a                                                               
successful  recall effort.    He expressed  concern  that if  the                                                               
hurdles to  successfully recalling an elected  official were such                                                               
that   it  had   never   been  accomplished,   it  could   appear                                                               
[controversial] if legislators were  to add to the administrative                                                               
and regulatory burden.                                                                                                          
                                                                                                                                
REPRESENTATIVE   RASMUSSEN    maintained   that    the   proposed                                                               
legislation  would   provide  the   public  with   a  transparent                                                               
procedure  for  financial contributions.    She  said the  recall                                                               
process itself could  be considered in a different  bill, but the                                                               
proposed  legislation  before  the  committee  was  solely  about                                                               
financial reporting  requirements.  She believed  that the public                                                               
had  the  right  to  know   who  funded  the  organizations  both                                                               
supporting and  opposing a  recall referendum.   She  pointed out                                                               
that the same rules applied  to ballot initiatives.  She stressed                                                               
the importance of providing a greater level of transparency.                                                                    
                                                                                                                                
4:20:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  asked at  what point  would the  right to                                                               
recall be effectually regulated out  of existence.  He questioned                                                               
whether  there  were  too  many   regulations  and  whether  "the                                                               
financial expense were too high to exercise this right."                                                                        
                                                                                                                                
REPRESENTATIVE RASMUSSEN contended that  the bill did not pertain                                                               
to that.   She  acknowledged that an  elected official  had never                                                               
been successfully recalled; however,  under the current reporting                                                               
requirements,  there were  many  unanswered  questions about  the                                                               
funding on either  side, she said.  She asserted  that it was not                                                               
her intention  to change  the outcome of  a recall  election with                                                               
the proposed legislation.  She added  that her goal was to ensure                                                               
that  Alaskans knew  who was  behind the  funding, which  was not                                                               
possible under current law.                                                                                                     
                                                                                                                                
CHAIR KREISS-TOMKINS pointed out  that many elected officials who                                                               
were  subject to  a recall  campaign might  have resigned  before                                                               
suffering the  public shame of  being evicted from  office, which                                                               
could be a reason for the  lack of "positive proof points."  That                                                               
said, he  believed that  was a distinct  and separate  issue from                                                               
the  question  of  financial  transparency.   He  added  that  if                                                               
Representative   Eastman  wished   to  pursue   legislation  that                                                               
revisited the  thresholds for recalling  an elected  official, it                                                               
would be guaranteed a hearing in this committee.                                                                                
                                                                                                                                
4:23:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE  questioned how the recall  process would be                                                               
altered if this bill were to pass.                                                                                              
                                                                                                                                
MS. HEBDON  stated that  the major  change would  be the  time of                                                               
reporting.   Currently,  reporting  was not  required during  the                                                               
signature gathering phase, she said.  She remarked:                                                                             
                                                                                                                                
     Generally, because  of the definitions  of contribution                                                                    
     and  expenditure  -  because   it  does  not  currently                                                                    
     include   money  raised   and  spent   in  support   or                                                                    
     opposition  to  a  recall  or  referendum  during  that                                                                    
     signature   gathering   phase,  it's   not   reportable                                                                    
     activity.    It's only  reportable  once  it makes  the                                                                    
     ballot and becomes a ballot  question.  So, in essence,                                                                    
     it would  be a timing  thing - they would  be reporting                                                                    
     money  in and  money  out  as soon  as  they began  the                                                                    
     signature gathering phase.                                                                                                 
                                                                                                                                
REPRESENTATIVE  VANCE asked  for verification  that the  bill did                                                               
not   include  additional   [requirements];  however,   it  would                                                               
implement an earlier timeframe for reporting.                                                                                   
                                                                                                                                
MS. HEBDON confirmed.                                                                                                           
                                                                                                                                
REPRESENTATIVE  VANCE asked  whether there  were fees  associated                                                               
with an earlier reporting timeframe.                                                                                            
                                                                                                                                
MS. HEBDON replied  that there were no fees  associated with APOC                                                               
reporting.  She  added that she was unfamiliar  with the Division                                                               
of  Elections and  whether  there would  be  fee associated  with                                                               
filing an application for recall or referendum.                                                                                 
                                                                                                                                
MS.  KOENEMAN,  per  the Division  of  Elections,  reported  that                                                               
referendums and initiatives  required a deposit of  $100 upon the                                                               
initial  filing, which  would not  change  if this  bill were  to                                                               
pass.                                                                                                                           
                                                                                                                                
CHAIR  KREISS-TOMKINS  shared  his belief  that  legislators,  as                                                               
candidates,  should hold  themselves to  the same  standards that                                                               
they  expect of  others,  indicating that  the legislature  often                                                               
espoused user  fee mechanisms to  other groups in  Alaska despite                                                               
APOC itself lacking a user fee mechanism.                                                                                       
                                                                                                                                
REPRESENTATIVE  VANCE  inquired  about   the  timeline  for  that                                                               
initial deposit  of $100 [to  the Division of Elections]  and how                                                               
that differed from the reporting timeline.                                                                                      
                                                                                                                                
REPRESENTATIVE  RASMUSSEN  understood  that   the  $100  fee  was                                                               
deposited with the  initial application.  She  explained that the                                                               
proposed  legislation   would  only   change  the   timeline  for                                                               
reporting financial  contributions, such  that it  would coincide                                                               
with signature gathering.                                                                                                       
                                                                                                                                
4:28:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE  asked  what  steps were  involved  in  the                                                               
collection of signatures and whether there were associated fees.                                                                
                                                                                                                                
4:28:27 PM                                                                                                                    
                                                                                                                                
MS. KOENEMAN  relayed that for recall  petitions, the application                                                               
could not be  submitted within the first 120 days  of the term of                                                               
office.  After 120 days,  the application, which included a name,                                                               
office, and three sponsors to  serve as the recall committee, was                                                               
filed with the Division of Elections.   Further, she said that 10                                                               
percent  of  individuals  who  voted  in  the  preceding  general                                                               
election of  the official  sought to  be recalled  were required,                                                               
100 of  whom would serve  as sponsors.  Afterwards,  the division                                                               
director certified  the recall or  notified the  recall committee                                                               
on grounds  for refusal.   Once certified, the  director prepared                                                               
the  petition booklets  for circulation  throughout the  state or                                                               
House/Senate  district.   She added  that  recall campaigns  were                                                               
allowed 180  days to gather  the signatures of  qualified voters.                                                               
After the  signatures were collected,  the division  verified the                                                               
signers of the  petition booklets and upon  review, notified them                                                               
of proper  or improper  filing within  30 days.   At  that point,                                                               
under current  law, the  APOC reporting  would initiate  with the                                                               
following  requirements:  "the  first  report  shall  report  the                                                               
contribution  or  contributions  on  a  form  prescribed  by  the                                                               
commission  no later  than 30  days after  the contribution  that                                                               
requires them  to report  is made."   She  offered to  submit the                                                               
aforementioned information to the chair for distribution.                                                                       
                                                                                                                                
4:32:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN suggested  that  additional resources  be                                                               
provided  for recalls  and referendums,  as regulations  on those                                                               
efforts were increasing.  Further,  he characterized [recalls] as                                                               
an "unfair fight."                                                                                                              
                                                                                                                                
REPRESENTATIVE  RASMUSSEN   contended  that  it  was   unfair  to                                                               
represent  the proposed  legislation  as  intending to  "increase                                                               
regulations."   She clarified  that the  bill would  provide more                                                               
transparency by changing the timeline for existing regulations.                                                                 
                                                                                                                                
4:33:59 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS announced that HB 157 was held over.                                                                       
                                                                                                                                
4:34:27 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
            HB  148-ALASKA COORDINATE SYSTEM OF 2022                                                                        
                                                                                                                                
4:35:39 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  announced that the final  order of business                                                               
would  be HOUSE  BILL NO.  148, "An  Act relating  to the  Alaska                                                               
Coordinate System of 2022."                                                                                                     
                                                                                                                                
4:35:52 PM                                                                                                                    
                                                                                                                                
REECE WILLIAMS,  Staff, Representative Laddie Shaw,  Alaska State                                                               
Legislature, introduced HB 148 on  behalf of Representative Shaw,                                                               
prime sponsor.   He paraphrased  the sponsor  statement [included                                                               
in the committee packet], which read as follows [original                                                                       
punctuation provided]:                                                                                                          
                                                                                                                                
                                                                                                                                
     HB 148  House Bill  148 revises Alaska  Statute chapter                                                                    
     38.20,  known  as  the  Alaska  Coordinate  System,  to                                                                    
     reflect changes  in the  federal datum  used as  a base                                                                    
     for  the  coordinate system  and  to  allow for  future                                                                    
     updates.                                                                                                                   
                                                                                                                                
     The   system   is   comprised  of   rectangular   plane                                                                    
     coordinates  used  to   define  accurate  positions  or                                                                    
     locations of points on the surface of the earth.                                                                           
                                                                                                                                
     Currently, forty-eight states  have adopted state plane                                                                    
     coordinate  systems  into  their  statutes.  This  bill                                                                    
     revises the  Alaska Coordination  System as  an ongoing                                                                    
     modernization  of the  U.S  National Spatial  Reference                                                                    
     System  to  reduce  the   distortions  present  in  the                                                                    
     current   system.   In   addition  to   improved   zone                                                                    
     locations,  that will  cover  population and  resources                                                                    
     areas,  a  new  statewide  zone  will  be  created  for                                                                    
     Alaska.  This   will  reduce  the  distortion   of  the                                                                    
     projection currently in use and  improve the display of                                                                    
     statewide geographic data.                                                                                                 
                                                                                                                                
     This is an  important and practical step  for Alaska to                                                                    
     adapt  to this  coordination system.  Alaska will  have                                                                    
     the   advantage  of   improvements   in  the   geodetic                                                                    
     positioning, and with  the new gravity-based elevation.                                                                    
     This will  dramatically improve the ability  to measure                                                                    
     elevations  in Alaska.  This modernization  effort will                                                                    
     benefit  scientists,  surveyors, design  professionals,                                                                    
     GIS  specialists,  and  the geospatial  community.  The                                                                    
     improved    coordinate    system    minimizes    linear                                                                    
     distortions  and  is  designed  to  include  population                                                                    
     centers and resource development.                                                                                          
                                                                                                                                
     I encourage  your support in  the passage of HB  148 as                                                                    
     it  is  critical  to  Alaska  maintaining  accuracy  to                                                                    
     surveying and mapping.                                                                                                     
                                                                                                                                
CHAIR KREISS-TOMKINS  noted that most members  were familiar with                                                               
the legislation, as an identical  bill was heard by the committee                                                               
last   session.     After  ascertaining   that   the  full   bill                                                               
introduction was not necessary, he invited committee questions.                                                                 
                                                                                                                                
4:38:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE  asked how  often  the  statute [AS  38.20]                                                               
required revision.                                                                                                              
                                                                                                                                
MR. WILLIAMS  responded that  the statute  was only  revised when                                                               
there  was  enough  new  federal datum  acquired  to  justify  an                                                               
update.  He noted that the last update was in 1988.                                                                             
                                                                                                                                
4:39:12 PM                                                                                                                    
                                                                                                                                
GWEN  GERVELIS,  Surveys Manager,  Division  of  Mining Land  and                                                               
Water, Department of Natural Resources  (DNR), confirmed that the                                                               
last vertical  datum update occurred  in 1988; 1983 was  the last                                                               
horizontal   datum  update.     She   noted  that   the  proposed                                                               
legislation  would provide  a major  revision and  a much  better                                                               
model  for  the earth.    She  added  that  new datums  were  not                                                               
expected for another 50 of 60 years.                                                                                            
                                                                                                                                
CHAIR KREISS-TOMKINS commended the efficient data compilation.                                                                  
                                                                                                                                
4:40:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN asked whether it  would be harmful if this                                                               
bill did not pass.                                                                                                              
                                                                                                                                
MR. WILLIAMS explained  that if the proposed  legislation did not                                                               
pass, Alaska would  be severely lacking in its  ability to survey                                                               
and map, which would have a fiscal impact.                                                                                      
                                                                                                                                
CHAIR KREISS-TOMKINS  directed Representative  Eastman's question                                                               
to Mr. Maxwell.                                                                                                                 
                                                                                                                                
4:41:16 PM                                                                                                                    
                                                                                                                                
JAKE MAXWELL,  Executive Member,  Alaska Society  of Professional                                                               
Land  Surveyors,  asked  Representative  Eastman  to  repeat  the                                                               
question.                                                                                                                       
                                                                                                                                
REPRESENTATIVE EASTMAN  asked Mr. Maxwell to  quantify the public                                                               
impact if the proposed legislation did not pass.                                                                                
                                                                                                                                
MR. MAXWELL conveyed that the  bill was necessary because private                                                               
and public industries could not  support the new system unless it                                                               
was codified.   He added that  every state was expected  to adopt                                                               
similar  legislation.   He  concluded  that  updating the  Alaska                                                               
Coordinate System would be beneficial to the state.                                                                             
                                                                                                                                
REPRESENTATIVE  EASTMAN  sought  to clarify  whether  failing  to                                                               
update the  statute would financially  impact Alaskans  or result                                                               
in  less  accurate  data.     He  asked  for  a  more  "tangible"                                                               
explanation  of   the  effects   of  not  passing   the  proposed                                                               
legislation.                                                                                                                    
                                                                                                                                
MR. WILLIAMS  said if the  bill did  not pass, Alaska  would lack                                                               
the  advantage  of increased  consistency  in  its surveying  and                                                               
would not be able to use the updated technology.                                                                                
                                                                                                                                
MR. MAXWELL explained  that the legislation would  help develop a                                                               
modern  and  more  functional  statewide  coordinate  system  for                                                               
mapping.  He  reported that the vastly improved  2022 system used                                                               
space and  gravity measurements and would  enhance the coordinate                                                               
system model.                                                                                                                   
                                                                                                                                
4:45:12 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS gathered  that there would be  no changes to                                                               
pricing if  the bill were  to pass.   He concluded that  the only                                                               
impact would be to surveys,  as their accuracy would be improved.                                                               
He asked if that was correct.                                                                                                   
                                                                                                                                
MR. WILLIAMS answered yes.                                                                                                      
                                                                                                                                
CHAIR   KREISS-TOMKINS   sought   to  identify   the   real-world                                                               
implications of  passing the  bill.   He asked  whether surveyors                                                               
would  have to  buy  new equipment  because  their old  equipment                                                               
would be tethered to the old datum system.                                                                                      
                                                                                                                                
MR.  MAXWELL stated  that surveyors  would  not need  to buy  new                                                               
equipment.                                                                                                                      
                                                                                                                                
4:46:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked  whether the  bill  sponsor  would                                                               
object to labeling  the coordinate system as  "2021" [rather than                                                               
2022]  if the  governor and  the Senate  had indicated  that they                                                               
were strongly supportive of passing this legislation [in 2021].                                                                 
                                                                                                                                
MR. WILLIAMS  believed the number  corresponded with  the federal                                                               
datum.   He  indicated his  desire  to stay  consistent with  the                                                               
federal government.                                                                                                             
                                                                                                                                
MS.  GERVELIS  verified  that "2022"  was  NOAA  NGS's  [National                                                               
Oceanic   and   Atmospheric  Administration   National   Geodetic                                                               
Survey's] new designation for the datum.                                                                                        
                                                                                                                                
4:48:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LADDIE  SHAW,  Alaska  State  Legislature,  prime                                                               
sponsor  of  HB 148,  reiterated  that  the proposed  legislation                                                               
would bring [the Alaska Coordinate  System] into the twenty-first                                                               
century by defining accurate positions and locations.                                                                           
                                                                                                                                
4:49:05 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS [announced that HB 148 was held over.]                                                                     
                                                                                                                                
4:49:13 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  provided closing  remarks and  reviewed the                                                               
upcoming schedule.                                                                                                              
                                                                                                                                
4:49:43 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
State Affairs  Standing Committee  meeting was adjourned  at 4:49                                                               
p.m.                                                                                                                            

Document Name Date/Time Subjects
HB157 Hearing Request 3.31.21.pdf HSTA 4/17/2021 3:00:00 PM
HB 157
HB 157 Version A.PDF HSTA 4/17/2021 3:00:00 PM
HB 157
HB157 Letter of Support - Kendall 4.2.21.pdf HSTA 4/17/2021 3:00:00 PM
HB 157
HB157 Sectional Analysis 3.31.21.pdf HSTA 4/17/2021 3:00:00 PM
HB 157
HB157 Sponsor Statement 3.31.21.pdf HSTA 4/17/2021 3:00:00 PM
HB 157
HB 157 Additional Info - Press Release 3.31.21.pdf HSTA 4/17/2021 3:00:00 PM
HB 157
HB 157 Legislative Legal Memo 3.31.21.pdf HSTA 4/17/2021 3:00:00 PM
HB 157
HB 123 Sectional Analysis.pdf HSTA 4/17/2021 3:00:00 PM
HB 123
HB 123 Sponsor Statement.pdf HSTA 4/17/2021 3:00:00 PM
HB 123
HB 123 Version A.PDF HSTA 4/17/2021 3:00:00 PM
HB 123
HB123 Letter of Support - O’Domin 4.13.12.pdf HSTA 4/17/2021 3:00:00 PM
HB 123
HB123 Letters of Support.pdf HSTA 4/17/2021 3:00:00 PM
HB 123
HB 123 PowerPoint Presentation - Anderson-Singh 3.30.21.pdf HSTA 4/17/2021 3:00:00 PM
HB 123
HB 123 Additional Info - AOGA Response Letter 3.26.21.pdf HSTA 4/17/2021 3:00:00 PM
HB 123
HB 123 Hearing Request Memo.pdf HSTA 4/17/2021 3:00:00 PM
HB 123
HB 123 Legal Memo re State Recognitin of Tribes 3.25.21.pdf HSTA 4/17/2021 3:00:00 PM
HB 123
HB 148 Sectional Analysis - 4.6.21.pdf HRES 5/5/2021 1:00:00 PM
HSTA 4/17/2021 3:00:00 PM
HB 148
HB 148 Sponsor Statement - 4.6.21.pdf HRES 5/5/2021 1:00:00 PM
HSTA 4/17/2021 3:00:00 PM
HB 148
HB 148 Version A.PDF HSTA 4/17/2021 3:00:00 PM
HB 148
HB 148 Additional Info - APDC Position Statement_Final_R2.pdf HRES 5/5/2021 1:00:00 PM
HSTA 4/17/2021 3:00:00 PM
HB 148
HB 148 Fiscal Note - 4.12.2021.pdf HSTA 4/17/2021 3:00:00 PM
HB 148
HB 148 Hearing Request Memo - 4.6.2021.pdf HSTA 4/17/2021 3:00:00 PM
HB 148
HB 148 Letter of Support - ASPLS 4.8.21.pdf HRES 5/5/2021 1:00:00 PM
HSTA 4/17/2021 3:00:00 PM
HB 148