02/26/2009 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB14 | |
| HB136 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 14 | TELECONFERENCED | |
| *+ | HB 136 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
February 26, 2009
8:04 a.m.
MEMBERS PRESENT
Representative Bob Lynn, Chair
Representative Paul Seaton, Vice Chair
Representative Carl Gatto
Representative Craig Johnson
Representative Peggy Wilson
Representative Max Gruenberg
Representative Pete Petersen
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 14
"An Act designating the Alaskan malamute as the official state
dog."
- MOVED CSHB 14(STA) OUT OF COMMITTEE
HOUSE BILL NO. 136
"An Act limiting the release of certain information concerning
certain public employees or officials."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 14
SHORT TITLE: ALASKAN MALAMUTE AS STATE DOG
SPONSOR(s): REPRESENTATIVE(s) GARDNER
01/20/09 (H) PREFILE RELEASED 1/9/09
01/20/09 (H) READ THE FIRST TIME - REFERRALS
01/20/09 (H) STA
02/26/09 (H) STA AT 8:00 AM CAPITOL 106
BILL: HB 136
SHORT TITLE: PUBLIC RECORDS EXCEPTIONS
SPONSOR(s): JUDICIARY
02/16/09 (H) READ THE FIRST TIME - REFERRALS
02/16/09 (H) STA, JUD
02/26/09 (H) STA AT 8:00 AM CAPITOL 106
WITNESS REGISTER
REPRESENTATIVE BERTA GARDNER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented HB 14.
PAIGE HILL, Second-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
CIARA BRADY, Fourth-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
RAIA STAMM, Fifth-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
KAI ROBERTS, Fourth-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in Support of HB 14.
SANNE CASSEE, Second-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
CALLY SHAFER, Fifth-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
THOMAS TUNNELL, Third-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
ATTICUS MADLAND, Fifth-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
ADELINE WRIGHT, Second-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
WALKER PLATZEK, Fifth-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
CHRIS GRAY, Fifth-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
ROSEMARY FLESHER, Fifth-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
KAITLAN McLALLEN, Fourth-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
ABBIGALE SEITZ, Third-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
ONNI ENNIS-COCHRAN, Fourth-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
JASMINE RISKI, Fifth-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
KENJI MATSUOKA, Fifth-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
CLARA VEELMAN, Fourth-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
SABRINA URBAN, Second-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
RALEIGH PIGG, Fourth-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
OCEANA GAMEL-HOWES, Third-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
DESIREE ARMSTRONG, Third-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
RYAN TERRY, Fifth-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
WILLIAM ROBERSON, Fourth-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
JOEY AIST, Third-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
TRENT DEVEREUX, Fifth-Grader
Polaris K-12
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
GWYNETH MEEK, Third-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
TAYLOR BAGDON, Fifth-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
JESSICA HUSA, Third-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
DUNCAN WRIGHT, Fifth-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
YUNGSHU WONG, Fifth-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
SAMUEL MARTIN BROWN, Fifth-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
KAYA PORTER, Fourth-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
OWEN McGEE, Fifth-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
MAEVE WILEY, Third-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
MADELINE FLORES, Fifth-Grader
Polaris K-12 School
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
REPRESENTATIVE JAY RAMRAS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As chair of the House Judiciary Standing
Committee, sponsor of HB 136, explained the catalyst for
developing the legislation.
DANA STROMMEN, Staff
Representative Jay Ramras
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 136 on behalf of the House
Judiciary Standing Committee, sponsor, which is chaired by
Representative Ramras.
JANE PIERSON, Staff
Representative Jay Ramras
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing of HB
136, on behalf of the House Judiciary Standing Committee,
sponsor, which is chaired by Representative Ramras.
MARTY McGEE, Assessor
Municipality of Anchorage
Anchorage, Alaska
POSITION STATEMENT: Testified during the hearing on HB 136.
SHARON WEDDLETON, Chief Financial Officer (CFO)
Municipality of Anchorage
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition of HB 136 as
currently written.
SCOTT JOHNSON
Public Safety Employees Association, Inc. (PSEA)
(No address provided)
POSITION STATEMENT: Testified in support of HB 136.
ACTION NARRATIVE
8:04:44 AM
CHAIR BOB LYNN called the House State Affairs Standing Committee
meeting to order at 8:04 a.m. Representatives Seaton, Gatto,
Wilson, Petersen, and Lynn were present at the call to order.
Representatives Johnson and Gruenberg arrived as the meeting was
in progress.
HB 14-ALASKAN MALAMUTE AS STATE DOG
8:05:18 AM
CHAIR LYNN announced that the first order of business was HOUSE
BILL NO. 14, "An Act designating the Alaskan malamute as the
official state dog."
8:05:58 AM
REPRESENTATIVE BERTA GARDNER, Alaska State Legislature, as prime
sponsor, presented HB 14. She said the bill proposes that the
Alaskan Malamute be declared the official state dog, but that
the importance of the bill far outreaches its subject. She
explained the process that took place from the moment children
from Polaris K-12 School in Anchorage approached her with the
idea for the bill to its hearing today. She said many people
think of the Husky when they think of Alaska, but the students -
having done their research - persuaded her that the state dog
should be the Alaskan Malamute. Every word supplied in the
committee packet was either written by the students or at their
request. The only role that the students could not take part in
was the actual drafting of the bill. Representative Gardner
stated that whatever the outcome of the hearing, her purpose was
to show those children the process of "representative/citizen
democracy." She said the children have learned a lot,
especially that in a democracy, citizens can do more than simply
vote.
8:12:19 AM
CHAIR LYNN read the bill.
8:12:39 AM
PAIGE HILL, Second-Grader, Polaris K-12 School, told the
committee that her grandmother - a former teacher from North
Carolina, during a visit two years ago, spent the day with Ms.
Hill's kindergarten class and informed the class that the
official state dog in North Carolina is the Plott Hound. This
information led to discussion and the discovery that Alaska has
no official state dog. The students discovered that other state
symbols, such as the Willow Ptarmigan, established in 1955, and
the Fur-Spotted Skimmer Dragonfly, established in 1995, became
symbols because of "kids working hard just like us." She said
the students held discussions over whether to choose the husky
or the Alaskan Malamute, and they chose the Alaskan Malamute
because it is big like Alaska and is a hard worker like the
people of Alaska.
MS. HILL said the following school year, two upper classes were
asked to join the students in researching the history of the
Alaskan Malamute. The students found out that the Alaskan
Malamute has been in Alaska for thousands of years, is one of 12
ancient breeds, and is the only dog native to the United States.
She stated, "We know that once people understand Alaskan
Malamute's monumental history, they will realize that this is
the ... dog to be our official state dog." Ms. Hill thanked the
committee for taking the bill seriously.
8:16:36 AM
CIARA BRADY, Fourth-Grader, Polaris K-12 School, said some of
the students initially thought that the husky should be chosen,
but the information found convinced them that the Alaskan
Malamute is the right choice to be Alaska's official state dog.
8:17:27 AM
RAIA STAMM, Fifth-Grader, Polaris K-12 School, stated that the
Alaskan Malamute is a fine example of a breed of dog developed
for a particular purpose. She explained that it helped early
Arctic dwellers hunt and pull heavy sleds. The dogs were able
to work for weeks on end without negative effects from the daily
strain. Alaskan Malamutes helped during the gold rush. Ms.
Stamm concluded that not only is the dog helpful, but it is also
smart, loyal, works well with people, and sometimes even helped
"raise the kids."
8:18:26 AM
KAI ROBERTS, Fourth-Grader, Polaris K-12 School, related that
the Alaskan Malamute is around today and its characteristics
have been preserved; therefore, theoretically today's Alaskan
Malamutes are able to do the same job as their forefathers. Mr.
Roberts concluded, "In other words, they continue to be the same
amazing dogs that they were throughout Alaska's history."
8:21:42 AM
SANNE CASSEE, Second-Grader, Polaris K-12 School, reported that
the Alaskan Malamute - one of the oldest Arctic sled dogs - was
named after a Native Inuit tribe called Malamutes that settled
along the shores of Kotzebue Sound, in the upper-western part of
Alaska, within the Arctic circle.
8:22:16 AM
CALLY SHAFER, Fifth-Grader, Polaris K-12 School, told the
committee that there are claims of the Alaskan Malamute's
history in Alaska reaching from over 5,000 to up to 20,000
years. These claims are based on bone and ivory carvings found
by archeologists, which show ancient Malamutes almost identical
to today's breeds. Mr. Shafer noted that recent
deoxyribonucleic acid (DNA) analysis confirms that the Alaskan
Malamute is one of the oldest breeds of dog - one of 12 ancient
breeds.
8:23:10 AM
THOMAS TUNNELL, Third-Grader, Polaris K-12 School, relayed that
Eskimos originated the Malamute breed, and the original dogs
weighed 120-180 pounds. Today's Malamute weighs approximately
85 pounds.
8:23:44 AM
ATTICUS MADLAND, Fifth-Grader, Polaris K-12 School, stated that
the Alaskan Malamute is a Native Alaskan Arctic breed that is
close cousins to the Eskimo dogs of Canada, Greenland, and
Labrador. It is also cousin to the Samoyed of Russia and the
Siberian Husky. Also in this group are dogs from Japan, Norway,
Finland, Holland, and many other countries. Mr. Madland
emphasized that out of over 150 breeds recognized by the
American Kennel Club, the Alaskan Malamute is the only breed
that is native to the United States.
8:24:37 AM
ADELINE WRIGHT, Second-Grader, Polaris K-12 School, noted that
the Alaskan Malamute can stand severe cold temperatures.
Because of their slow metabolisms, they eat only as much as a
smaller dog, which makes them easier to feed and care for, she
said. Furthermore, Alaskan Malamutes love people, especially
children, and are good companions. Ms. Wright remarked that
malamutes are often mistaken for huskies. In response to a
question from Chair Lynn, she confirmed that Malamutes are
typically larger than huskies.
8:25:57 AM
WALKER PLATZEK, Fifth-Grader, Polaris K-12 School, stated that
the Alaskan Malamute was never destined to be a racing sled dog;
it was a working dog. It is a heavy-boned dog, with powerfully
built, strong shoulders. When working, the Malamute has a
steady and tireless gate, Mr. Platzek said, and the dog was used
for heavy freight - pulling thousands of pounds of supplies to
villages and camps. They were also used to hunt, set loose in
packs to track polar bears.
8:26:47 AM
CHRIS GRAY, Fifth-Grader, Polaris K-12 School, reported that the
Alaskan Malamute's ability was amazing and widely respected.
Eskimos who lived inland traveled to the Kotzebue Sound to trade
furs for dogs and supplies, which is how the Malamute found its
way to other regions of Alaska and beyond to parts of Canada,
including the Yukon, during the gold rush. The gold diggers and
their dogs made the acquaintance of the Malamute "some 100 years
ago."
8:27:43 AM
ROSEMARY FLESHER, Fifth-Grader, Polaris K-12 School, said during
the students' research, they discovered that dog-mushing is
Alaska's official sport. She stated, "To the people who feel
that the husky should be our official state dog, we respectfully
point out that they already are. Alaskan dog mushing would not
be what it is today without the contributions of the husky.
They are dog mushing."
8:28:32 AM
KAITLAN McLALLEN, Fourth-Grader, Polaris K-12 School, opined
that designating the Alaskan Malamute as the official state dog
would not only honor the dog's long history and important role
in the earliest cultures of Alaska, but would also honor the
first Alaskans who worked in partnership with this amazing dog.
8:29:21 AM
ABBIGALE SEITZ, Third-Grader, Polaris K-12 School, reported that
Malamutes stayed with Inuit children while parents were out on
hunts. The dogs are so gentle, Ms. Seitz said, that they allow
human babies to "snuggle up with their puppies." She
characterized the Malamute people's use of dogs as "a
partnership for survival."
8:30:16 AM
ONNI ENNIS-COCHRAN, Fourth-Grader, Polaris K-12 School, related
that in summer, the Malamute people hunted inland, while in
winter, they hunted sea animals on the coast. Their dogs, the
Alaskan Malamutes, hauled their possessions between locations,
assisted with the hunt, and served to look out for bears during
the caribou hunt.
8:31:20 AM
JASMINE RISKI, Fifth-Grader, Polaris K-12 School, noted that in
the 1700s and 1800s, European explorers to Alaska were impressed
with the Alaskan Malamute - not only by the hardiness of the
dogs, but also by their owners obvious attachment to them.
Early writings indicate that the dogs kept by the Malamute
people were better cared for than other Arctic sled dogs, which
Ms. Riski said seemingly accounts for the breed's affectionate
disposition.
8:32:08 AM
KENJI MATSUOKA, Fifth-Grader, Polaris K-12 School, relayed that
travel logs of the early Russian and English explorers often
reported a superior work dog kept by the Malamute people. The
dogs were described as less wild, friendlier, easy going, and
capable of an enormous amount of work - both hunting and
hauling. In response to a question from Representative Seaton,
he said the people referred to as Malamutes are today referred
to as the Inuit Tribe.
8:33:25 AM
CLARA VEELMAN, Fourth-Grader, Polaris K-12 School, reported that
Captain James Cook came to Alaska in 1776 to find the fabled
Northwest Passage from Europe to Asia. His journal shows that
he was impressed by the "big, strong, hard-working Alaskan
Malamute" - a dog that got along and worked well with humans.
8:34:27 AM
SABRINA URBAN, Second-Grader, Polaris K-12 School, said that by
the time of the gold rush, the Alaskan Malamutes were in high
demand because of their ability to haul equipment and people.
In fact, prospectors would paid $500 for one good dog and $1,500
for a small team.
8:35:05 AM
RALEIGH PIGG, Fourth-Grader, Polaris K-12 School, told the
committee that many dogs were being transported to Alaska during
the gold rush, including Irish and English Setters, and Siberian
Huskies from Russia. The demand for dogs outweighed their
supply, he said.
8:35:49 AM
OCEANA GAMEL-HOWES, Third-Grader, Polaris K-12 School, shared
that many people cross-bred their dogs with Alaskan Malamutes in
an attempt to make them bigger, stronger, and more adapted to
the climate. The Alaskan Malamute breed was almost lost during
the gold rush era; however, a few dedicated Malamute enthusiasts
helped to save the breed.
8:36:24 AM
DESIREE ARMSTRONG, Third-Grader, Polaris K-12 School, stated
that long after the gold rush, Alaskan Malamutes continued to be
a viable freight dog, because they were easy to care for and
could pull heavy loads to areas that would otherwise not be
accessible.
8:36:54 AM
RYAN TERRY, Fifth-Grader, Polaris K-12 School, reported that the
Alaskan Malamute helped haul freight supplies and mail in Bush
Alaska. After the gold rush, Alaskans, both Native and non-
Native, continued to make good use of sled dogs for travel,
hunting, and trapping. Most importantly, during the winter when
mail could not be delivered by ship, dog teams carried mail in
relays of 300 miles each over 1,000 miles of Alaska terrain.
Mr. Terry said Alaskan Malamutes played a huge part in this. He
continued: "They were the Mack trucks of their day. Often they
were carrying 1,000 pounds of mail at one time, and it is said
they would arrive in Nome, frisky and ready to run again." Mr.
Terry, in response to Representative Wilson, confirmed that the
Alaskan Malamute was not used for racing, but rather for
working.
8:39:23 AM
WILLIAM ROBERSON, Fourth-Grader, Polaris K-12 School, said the
Siberian Husky was imported to Alaska in 1908 in an effort to
have a faster sled dog for racing. People continued to "mix
their dogs," and the Alaska Husky, Alaska's sled dog was
developed. Mr. Roberson noted that dog mushing became the
official state sport in 1972.
8:40:34 AM
JOEY AIST, Third-Grader, Polaris K-12 School, stated that during
the 1925 serum run to Nome, Alaska, about 150 sled dogs relayed
Diphtheria anti-toxin 674 miles by dog sled in a record-breaking
5.5 days, saving the people of Nome and the surrounding
communities from an epidemic. Alaskan Malamutes played a role
in this important event, he said, doing their part to carry that
medicine to Nome.
8:41:32 AM
TRENT DEVEREUX, Fifth-Grader, Polaris K-12, related that
Malamutes contributed to the polar expeditions of [Commander
Robert E.] Perry, [Roald] Amundsen, and Admiral [Richard E.]
Byrd to the South Pole. He said, "The successful of this vast
continent could not have been accomplished without these dogs."
8:42:06 AM
GWYNETH MEEK, Third-Grader, Polaris K-12 School, said the
Alaskan Malamute was important to America's efforts during World
War II (WWII). The dogs pulled sleds in snow-covered areas that
were not accessible to other, more mechanical means of
transportation.
8:42:44 AM
TAYLOR BAGDON, Fifth-Grader, Polaris K-12 School, stated that
during WWII, Alaskan Malamutes were used as pack animals to
carry weaponry and ammunition across the frozen ground. They
also served as search and rescue dogs and sniffed for land
mines. In response to a question from Representative Gatto, he
said the entire Polaris K-12 School student body and student
government supports the efforts of the students who instigated
the bill.
[Herein was a conversation between committee members regarding
school mascots.]
8:48:11 AM
JESSICA HUSA, Third-Grader, Polaris K-12 School, said during
WWII, the United States Military tried to make the Alaskan
Malamute a guard dog, but it failed the test, because it likes
people too much to attack them.
8:48:37 AM
DUNCAN WRIGHT, Fifth-Grader, Polaris K-12 School, expressed the
need for the "m" in Malamute to be capitalized. He reviewed the
use of proper nouns in support of this position.
8:50:29 AM
REPRESENTATIVE GARDNER explained that Legislative Legal and
Research Services maintains that the word "malamute" should be
written in lower case.
8:51:13 AM
YUNGSHU WONG, Fifth-Grader, Polaris K-12 School, said the school
children researched other state symbols and found that they are
very specific. For example, the official state marine mammal of
Alaska is not "the whale" - it's "the Bowhead whale"; and the
state insect is not "the dragonfly" - it's "the Four-Spotted
Skimmer dragonfly." He said the nine states that have an
official state dog name a specific breed. The terms sled dog,
mutt, and Alaska husky are general names, while the Alaskan
Malamute is specific breed, he concluded.
8:52:18 AM
SAMUEL MARTIN BROWN, Fifth-Grader, Polaris K-12 School,
indicated that there have been comments made in The Anchorage
Daily News regarding choices for a state dog. He said while the
students recognize that the Alaska husky has made a great
contribution to Alaskans as a light working dog and a
recreational sled dog, it does not have the extremely long
history of the Alaskan Malamute.
8:53:28 AM
KAYA PORTER, Fourth-Grader, Polaris K-12 School, relayed that
the history of the Alaskan Husky began with the gold rush in the
late nineteenth and early twentieth centuries. The Siberian
Husky was important to Alaska in 1908. In comparison, she said,
the Alaskan Malamute has been in Alaska for at least 5,000
years.
8:54:12 AM
OWEN McGEE, Fifth-Grader, Polaris K-12 School, talked about the
Alaska husky as a racing dog, and the adoption of dog mushing as
the official state sport of Alaska.
8:54:39 AM
MAEVE WILEY, Third-Grader, Polaris K-12 School, stated that the
Alaskan Malamute represents Alaskans' proud, independent, and
sometimes stubborn character, is friendly and fun-loving like
Alaskans, and is huge like the state.
8:55:09 AM
MADELINE FLORES, Fifth-Grader, Polaris K-12 School, said
Alaskans love dogs, and the Alaskan Malamute is Alaska's oldest
dog, having been around for at least 5,000 years. The dog is
intelligent, hardworking, and loyal, she said, and by honoring
the Alaskan Malamute, the state would also be honoring the first
people of Alaska. The dog has been actively involved in
creating Alaska's history, she said. Ms. Flores concluded that
the Alaskan Malamute deserves to be recognized as the official
state dog of Alaska.
CHAIR LYNN congratulated the teachers of Polaris K-12 School for
their assistance in this project.
8:57:38 AM
REPRESENTATIVE SEATON asked whether the American Kennel Club
calls the dog Alaskan Malamute or Alaska Malamute.
8:58:08 AM
MS. FLORES answered that the dog is called the Alaskan Malamute.
8:58:25 AM
REPRESENTATIVE GRUENBERG noted that [the American Kennel Club]
capitalizes "Malamute."
8:59:20 AM
CHAIR LYNN closed public testimony.
8:59:29 AM
REPRESENTATIVE WILSON moved to adopt Conceptual Amendment 1, to
capitalize the initial "m" in Malamute where it occurs in the
bill on lines 1 and 4.
REPRESENTATIVE JOHNSON objected for the purpose of discussion.
REPRESENTATIVE WILSON explained the meaning of a conceptual
amendment to the children.
9:01:51 AM
REPRESENTATIVE PETERSEN said it is because of the previous
testimony of [Mr. Wright] regarding the use of proper nouns that
he supports Amendment 1.
9:02:24 AM
REPRESENTATIVE GATTO noted that Malamute can also be spelled
Malemute, but indicated that the committee would not change the
spelling chosen by the children.
9:03:04 AM
REPRESENTATIVE WILSON, in response to a question from Chair
Lynn, confirmed that Conceptual Amendment 1 addresses the
capitalization of the word Malamute, not the spelling.
9:03:27 AM
REPRESENTATIVE JOHNSON removed his objection to the adoption of
Conceptual Amendment 1.
CHAIR LYNN noted that [although there was no further objection
to Conceptual Amendment 1], he would ask for a roll call vote so
that the children could experience how it is done.
9:03:46 AM
A roll call vote was taken. Representatives Gruenberg,
Petersen, Seaton, Wilson, Gatto, Johnson, and Lynn voted in
favor of adopting Conceptual Amendment 1. Therefore, Conceptual
Amendment 1 was adopted by a vote of 7-0.
9:04:40 AM
REPRESENTATIVE GATTO talked about a weight pulling contest
during which the Alaskan Malamute is used.
9:05:51 AM
REPRESENTATIVE SEATON moved to report HB 14 [as amended] out of
committee with individual recommendations and the accompanying
fiscal notes.
9:06:33 AM
REPRESENTATIVE JOHNSON objected [in order to illustrate the
process for the children].
9:07:15 AM
A roll call vote was taken. Representatives Petersen, Seaton,
Wilson, Gatto, Johnson, Gruenberg, and Lynn voted in favor of
moving HB 14, as amended, out of committee with individual
recommendations and the accompanying fiscal notes. Therefore,
CSHB 14(STA) was reported out of the House State Affairs
Standing Committee by a vote of 7-0.
9:07:51 AM
REPRESENTATIVE GARDNER said HB 14 is a reminder of the wonderful
things that are happening in schools today.
HB 136-PUBLIC RECORDS EXCEPTIONS
9:08:51 AM
CHAIR LYNN announced that the last order of business was HOUSE
BILL NO. 136, "An Act limiting the release of certain
information concerning certain public employees or officials."
9:09:10 AM
REPRESENTATIVE SEATON moved to adopt the proposed committee
substitute (CS) for HB 136, Version 26-LS0574\R, Luckhaupt,
2/25/09, as a work draft.
9:09:32 AM
REPRESENTATIVE JOHNSON objected for discussion purposes.
9:10:30 AM
REPRESENTATIVE JAY RAMRAS, Alaska State Legislature, as chair of
the House Judiciary Standing Committee, sponsor of HB 136,
talked about the catalyst of the bill. He said HB 136 is a bill
intended to protect officers. He related an incident when law
enforcement made arrests of those in a household producing
methamphetamine. After that incident, it was found that the
criminals had accessed information about those law enforcement
officers, such as their names and addresses, which meant that
they also could access the names of the schools those officers'
children attended. The proposed bill would "shade" that
information in order to protect the safety of those who could be
threatened by criminals obtaining such information.
9:12:21 AM
DANA STROMMEN, Staff, Representative Jay Ramras, Alaska State
Legislature, explained that the only change that would be made
through Version R would be the addition of subsection (d), which
would remove the state recorder's office in the Department of
Natural Resources (DNR). She explained that Representative
Ramras' office held a discussion with representatives of DNR
regarding that entity's use of public records and "receiving
information from entities outside of state offices," and that
resulted in adding subsection (d).
9:13:29 AM
REPRESENTATIVE JOHNSON removed his objection; therefore Version
R was before the committee.
9:13:45 AM
MS. STROMMEN introduced the bill. She said HB 136 addresses a
growing concern - not only throughout Alaska, but throughout the
United States - regarding the protection of privacy and personal
information. The proposed legislation would provide safety
officers and government officials, as well as their loved ones,
the assurance that their public records cannot be released upon
request. The bill proposes that the aforementioned officers and
government officials be provided the opportunity to file for
confidentiality of the following information: name, address,
name associated with property records, and telephone number.
That information would not be released to the public if the
confidentiality application [example included in the committee
packet] was submitted.
9:15:03 AM
CHAIR LYNN asked if that would include the voter database.
MS. STROMMEN responded that the sponsor is collecting
information regarding what needs to be included in the bill.
Notwithstanding that, she said, "But at this point, yes, it
would be anything that the state has access to not releasing
information."
CHAIR LYNN asked how the bill would affect his ability to
communicate with "a constituent who may be in one of these
categories" either during legislative business or during a
campaign.
MS. STROMMEN replied that the sponsor is currently discussing
that issue with the Department of Law.
CHAIR LYNN remarked that any member of the public can buy a copy
of the voter database for Alaska.
9:16:53 AM
REPRESENTATIVE JOHNSON asked if a confidentiality request filled
out by a legislator would preclude the Alaska Public Offices
Commission (APOC) from releasing any information from that
legislator's records to the public.
9:17:07 AM
JANE PIERSON, Staff, Representative Jay Ramras, Alaska State
Legislature, said a person who voluntarily fills out the
confidentiality form would have his/her home address and
telephone number protected.
9:17:51 AM
REPRESENTATIVE PETERSEN said he believes that HB 136 is well-
intentioned, and he concurred that those in public positions
need protection. However, he said he thinks the proposed
legislation needs more development. He noted that elected
officials are on the list, and said he may want to have them
removed. He explained that the public wants to know whether or
not their candidates live in their districts.
CHAIR LYNN noted that in the past, having only an opponent's
post office box address, he asked the Division of Elections for
the opponent's street address and was denied the information.
9:19:41 AM
REPRESENTATIVE SEATON cited language in the bill on page 1,
lines 9-12, which read:
If a public record, such as an assessor's database, is
compiled or annotated by physical address or other
identifying characteristic, then the name of a person
who is eligible for confidentiality under (b) of this
section and has applied for confidentiality as
provided in (c) of this section, may not be disclosed.
REPRESENTATIVE SEATON expressed concern that it would not just
be the person's physical address, but also the person's name
that would not be released.
9:20:43 AM
MS. PIERSON clarified that the address and assessor's
information would be available, but not the name associated with
that information.
CHAIR LYNN said it would then be possible to look at a list of
property descriptions and know that those without names are
properties of the people trying to maintain their
confidentiality.
REPRESENTATIVE SEATON observed that through Version R, the state
recorder's office would be exempted; therefore, the
municipalities would be asked "to do exactly the same thing with
exactly the same kind of cost that we're not willing the state
to have to undergo."
MS. PIERSON confirmed that the municipalities would be required
to comply. She stated her belief that subsection (d) was more
than just a cost issue. She explained that a huge amount of
manpower would be required. She mentioned Uniform Commercial
Code (UCC) filings - another part of law "where we would end up
conflicting out."
REPRESENTATIVE SEATON noted that the boroughs record taxes, and
he stated his understanding that the state does not maintain the
tax base.
MS. PIERSON confirmed that is correct.
9:24:01 AM
REPRESENTATIVE WILSON expressed concern that if a person were to
sign the confidentiality application and confidential
information leaked accidentally, that person might sue the
state.
MS. STROMMEN indicated the need to work with the Department of
Law to include language in the request for confidentiality form
so that "people aren't held responsible."
9:25:05 AM
REPRESENTATIVE GRUENBERG noted that the bill, if enacted, would
become effective in 90 days. He echoed Representative Wilson's
concern regarding lawsuits. He said he also shares
Representative Petersen's remarks regarding the importance of
making information about candidates available to the public.
Furthermore, he pointed out that the bill would protect the
prosecution, not the defense, and he said there have been
situations where people have gone after their lawyers. He said,
"This is a slippery slope situation here, and I don't know how
to deal with it, but I do think that there are lots of issues in
this bill that require careful determination by this committee."
He said he supports the intent of the bill to protect law
enforcement.
9:27:18 AM
MS. PIERSON noted that HB 136 is scheduled to come before the
House Judiciary Standing Committee next, and she stated her
belief that it would not "escape the process without a fiscal
note."
9:27:44 AM
REPRESENTATIVE PETERSEN questioned whether the proposed
legislation would work in an age of computer technology. In a
matter of minutes, he said, an individual can get almost any
information about any one. He said it would be expensive if
someone had to develop a program for a personnel department, and
it might not actually protect any one in the end.
MS. PIERSON affirmed that there are companies existing today
that will provide information from many sources for a price.
She stated, "And I think that's part of the concern is not
having the first step be through state records and public
records."
9:29:15 AM
MS. PIERSON, in response to Representative Gatto, said "site"
addresses are not always the easiest to interpret. The use of
them may or may not deter criminals. She said there is no way
to totally get rid of them. In response to a comment by Chair
Lynn, she acknowledged that it would be possible for her to go
online to find out who lives anywhere in Fairbanks, just by
accessing the assessor's database.
9:31:13 AM
REPRESENTATIVE WILSON said she knows of a woman who left her
partner because of abuse, moved away, got an unlisted telephone
number, and within a day, he had found that number. She said
the bill is on a good track, but needs a lot more work.
CHAIR LYNN indicated a comparison between the bill and having a
lock on a door: it will deter some, but not others.
9:32:49 AM
REPRESENTATIVE SEATON directed attention to subsection (d) and
asked if the Division of Motor Vehicles (DMV) would still be
included as a public agency.
MS. PIERSON characterized DMV as a "different hybrid," because
the agency does not really give out a lot of public information.
Notwithstanding that, she said the bill would prevent DMV from
giving out personal information.
CHAIR LYNN clarified that only those with the proper authority
can get that type of information from DMV.
9:33:46 AM
REPRESENTATIVE GRUENBERG commented that Representative Wilson
was touching upon the need of victims for confidentiality. He
indicated that there have been similar pieces of legislation in
the past. He said he does not have an answer at present.
9:34:47 AM
REPRESENTATIVE SEATON expressed concern regarding the zero
fiscal note generated by the Department of Public Safety
[included in the committee packet] and the exemption created in
subsection (d) of Version R. He said he would like to find out
whether the exemption will create a zero fiscal note for the
state agencies, and he said he would like an estimate of what
the fiscal impact would be on the boroughs. He mentioned an e-
mail he just received from his borough which relates that
entity's concern that the proposed bill could impact 911
management as well as the geographic information system (GIS)
and borough assessments.
9:36:29 AM
REPRESENTATIVE GRUENBERG said he would like to see that
information when it becomes available.
9:36:47 AM
MS. STROMMEN, in response to a question from Representative
Petersen, confirmed that other groups have been calling to ask
to be included in the bill, and the sponsor will work with them
to determine whether or not to add them.
9:37:39 AM
REPRESENTATIVE RAMRAS said the bill would make it more
difficult, but not impossible, for the personal information of
those on the list to be found by the public. He said he is
sensitive to the tendency to [add on to a bill] like
[decorating] a Christmas tree. He stated his interest is to
cover those people who serve as Alaska's first line of defense,
so that they and their families are not targeted. He expressed
his desire to have a much narrower application of the bill.
9:39:30 AM
MARTY McGEE, Assessor, Municipality of Anchorage, said he is
convinced that "legislation is not the way to address the
problem." The only way to effectively protect individuals in
jeopardy is to train them to protect their own identity, he
opined. The proposed legislation would create a false sense of
security when there are so many ways to access information on
line. He said this is a global problem, and removing a person's
name from his assessment list will not provide him/her with any
security.
9:42:17 AM
MR. McGEE, in response to a question from Representative
Gruenberg, said he thinks the legislature could help provide or
fund training so that those targeted could protect themselves.
9:43:22 AM
REPRESENTATIVE PETERSEN said he agrees with Mr. McGee's remarks
about how much information is available on the Internet. He
said he does not consider himself Internet savvy, but was able
to find the name, address, phone number, and employment
information for a friend he had not seen in over 30 years in
less than 10 minutes. He said he wonders if there may be a
better way to solve the problem of the vulnerability of some of
the state's law enforcement officials and public defenders.
9:44:21 AM
REPRESENTATIVE JOHNSON asked how Mr. McGee would propose someone
be trained to take his/her name off a tax roll.
MR. McGEE said a person can put all his/her property into a
series a trusts or corporations in order to protect his/her
name. He added, "The law requires us in assessment to reflect
the owner of record, so, it would automatically secure the
problem, in terms of the database." In response to a remark
from Representative Johnson about the cost of hiring an
attorney, he noted that putting property into trusts or
corporations can be done by individuals without the benefit of
council. There are publications available. He relayed that the
assessors offer public officials help in "establishing their
state problems and other things like this," so there is no
reason the assessors cannot offer those officials similar
counseling regarding ownership of property and protection of
identity.
REPRESENTATIVE JOHNSON offered his understanding that anyone can
"go to state sites" to find out who is involved in trusts and
corporations; therefore, he said legislation would be needed,
even under the type of scenario which has been described by Mr.
McGee, to protect those people with the trusts and corporations.
MR. McGEE replied that he believes there is way to not have
individuals' names appear. He indicated that the assessor's
office views a lot of documents that are a recorded summary of
trusts; the actual trust documents are not recorded. He said
this is a problem encountered daily by those who work in the
administration of exemption program.
9:47:02 AM
REPRESENTATIVE RAMRAS noted that the House Judiciary Standing
Committee has had an overview regarding on line predators. Law
enforcement has begun to address the issue, even though the
problem is so vast. He encouraged the committee to pursue on
line protection. He stated, "Requesting line officers to go get
trusts and create corporations is so extraordinarily cumbersome,
that in my mind [it] is not a realistic solution." He
reiterated his intent to provide initial safety measures for
those who serve to protect the public.
9:48:23 AM
REPRESENTATIVE JOHNSON said he would like to know how many
people the bill may protect.
9:49:15 AM
SHARON WEDDLETON, Chief Financial Officer (CFO), Municipality of
Anchorage, testified in opposition of HB 136 as currently
written. She stated her belief that the intent of the bill was
narrow, but the impact of the bill in its current form is broad
to the point where it would be an administrative burden.
Regarding the zero fiscal note, she said there would be a fiscal
impact to the Municipality of Anchorage.
MS. WEDDLETON shared examples of how the bill would affect the
municipality. First, if a prosecuting attorney working for the
Municipality of Anchorage pays the United Way his/her annual
contribution via a personal check, that check includes his/her
name and address. The municipality shares that information with
United Way when the money is distributed, but the proposed bill
would make that unlawful. Next, she indicated that [the
proposed bill] would prevent the municipality from being able to
administer Consolidated Omnibus Budget Reform Act (COBRA)
benefits for people who have applied for confidentiality and are
municipal employees. The bill would affect the administration
of health insurance with a third-party administrator and the
administration of health benefits with pharmacies and doctors.
Furthermore, it would affect the municipality's ability to work
with the State of Alaska Public Employees' Retirement System
(PERS), which requires the municipality to constantly share the
names and addresses of people who might apply for
confidentiality. Moreover, the administration of the
municipality's 401 K and 457 plans would be affected.
MS. WEDDLETON continued offering examples of the bill's possible
effects. She related that when the levy upon connection roll is
presented for assembly approval, there are names and physical
addresses on those rolls that would have to be "scrubbed by
comparing them to the list." She pointed out that when people
who would apply for confidentiality next apply to be members of
public commissions, their resumes - which show their names and
addresses - would be subject to public review by the assembly.
Other business of the municipality that would be affected by the
bill include the municipality's stop-loss program, its
enforcement of liens, the collection of unpaid debts, the
sending of W-2s to the IRS, and the response to lenders when a
person who's replied for confidentiality applies for a mortgage.
MS. WEDDLETON stated her belief that HB 136 needs to be
substantially amended to bring it back within its original
scope. She said the list of examples she gave is an extremely
short one; it would take a few phone calls to extend it to 500
examples of how the bill, in its current form, "could change
municipal practices at substantial cost." She warned that the
municipality would be exposed [to lawsuits] because of
inadvertent errors. She said she believes the bill is not
necessary because, as Mr. McGee said, a person can put his/her
home in a trust, use a post office box, get an unlisted phone
number, and should be eligible to receive training on how to
protect his/her confidentiality. She said concurred with the
idea that privacy is an illusion. She cited as an example a
check written at a grocery store, the information on which can
be seen by "an unlimited number of people from that point on."
Privacy cannot be ensured through the proposed legislation, she
opined.
9:54:08 AM
MS. WEDDLETON, in response to Representative Johnson, clarified
that the municipality would not give PERS information out to
just anybody who calls them. She explained that the
municipality is constantly interacting with entities outside of
the Municipality of Anchorage, where, for business reasons, it
communicates a person's name, address, and sometimes a telephone
number. She said the bill, although not its intent, would
prohibit the municipality from doing that. In response to a
follow-up question, she indicated that the entities with whom
the municipality currently shares confidential information
include health insurance companies and 401 K companies.
9:55:58 AM
SCOTT JOHNSON, Public Safety Employees Association, Inc. (PSEA),
said he is testifying as a lifelong Alaskan, father of three,
husband, and off-duty policeman. He stated that HB 136 is
important to anyone in public service who has ever arrested
someone or secured them in jail for committing a crime against
society. That includes, correctional officers, judges, police
officers, and district attorneys, who are all at risk of
retaliation. He said this is a significant problem in the Lower
48, and he fears it is only a matter of time before it becomes a
problem in Alaska. He related that he is currently an 18-year
veteran of Alaska law enforcement and has been a case officer
for several high profile cases where sexual predators and
murderers have been sentenced to a lengthy prison term, and he
said he is fearful of retaliation at some point in time.
MR. JOHNSON said he is currently working undercover assignments
and his unit has investigated, arrested, charged, and prosecuted
many serious offenders. Most of those arrests have concluded
with the offender receiving significant penalties. Because of
the nature of their work, Mr. Johnson said, the members of his
unit go to great lengths to conceal their office location, the
vehicles they drive, and - most importantly - their residential
addresses. He said there are times, such as when he must
testify in court, when he has to state his name, and, armed with
just that name, defendants can easily search the borough
property database and obtain Mr. Johnson's home location - even
going so far as to printing out a map of the front door. He
concurred with the bill sponsor that the intent of the bill is
to shut down that one avenue of access. He added that his job
takes him away from home for days at a time, which leaves his
family vulnerable and unprotected. He stated that he thinks HB
136 is good for all Alaskans, because it would enhance police
officers' ability to effectively perform their duties without
undue concern for the safety of their families and themselves.
He said he would appreciate the committee's support for HB 136.
9:59:03 AM
REPRESENTATIVE SEATON said he wants to ensure that if
significant burden is going to be put on municipalities that the
effect will be complete, and it will not be found later that
there is a more open data base that is already available.
[HB 136 was held over.]
10:00:00 AM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 10:00
a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 01 HSTA - HB 14 Bill.pdf |
HSTA 2/26/2009 8:00:00 AM |
HB 14 |
| 02 HSTA - HB 14 Sponsor Statement.pdf |
HSTA 2/26/2009 8:00:00 AM |
HB 14 |
| 03 HSTA - HB 14 News Articles.pdf |
HSTA 2/26/2009 8:00:00 AM |
HB 14 |
| 04 HSTA - HB 14 Backup.pdf |
HSTA 2/26/2009 8:00:00 AM |
HB 14 |
| 05 HSTA - HB 14 Letters of Support.pdf |
HSTA 2/26/2009 8:00:00 AM |
HB 14 |
| HB014-GOV-OMB-2-20-09.pdf |
HSTA 2/26/2009 8:00:00 AM |
HB 14 |
| HSTA - 2-20-09 HB 14 Testimony via email Fred Agree.doc |
HSTA 2/26/2009 8:00:00 AM |
HB 14 |
| HSTA - Amendment A.1 2-23-09 HB 14 25-LS0079-A.1.pdf |
HSTA 2/26/2009 8:00:00 AM |
HB 14 |
| HSTA - Amendment A.2 2-23-09 HB 14 25-LS0079-A.2.pdf |
HSTA 2/26/2009 8:00:00 AM |
HB 14 |
| HB136-DNR-SSD-02-23-09.pdf |
HSTA 2/26/2009 8:00:00 AM |
HB 136 |
| HB136-DPS-DET-02-23-09.pdf |
HSTA 2/26/2009 8:00:00 AM |
HB 136 |
| HSTA - CSHB 136.pdf |
HSTA 2/26/2009 8:00:00 AM |
HB 136 |
| HSTA - HB 136 PSEA Rob Cox Testimony.pdf |
HSTA 2/26/2009 8:00:00 AM |
HB 136 |