03/30/2010 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Overview(s): Division of Elections | |
| SB43 | |
| HB241 | |
| HB128|| HCR8 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 43 | TELECONFERENCED | |
| += | HB 241 | TELECONFERENCED | |
| += | HB 128 | TELECONFERENCED | |
| += | HCR 8 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
March 30, 2010
8:07 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
OVERVIEW(S): DIVISION OF ELECTIONS
- HEARD
SENATE BILL NO. 43
"An Act adding a second verse to the official Alaska state
song."
- MOVED HCS SB 43(STA) OUT OF COMMITTEE
HOUSE BILL NO. 241
"An Act relating to certain investments of the Alaska permanent
fund, the state's retirement systems, the State of Alaska
Supplemental Annuity Plan, and the deferred compensation program
for state employees in companies that do business in Iran, and
restricting those investments; and providing for an effective
date."
- RESCINDED ACTION OF 2/16/10; MOVED CSHB 241(STA)
OUT OF COMMITTEE
HOUSE BILL NO. 128
"An Act relating to introduction of measures and to fiscal notes
for measures."
- HEARD & HELD
HOUSE CONCURRENT RESOLUTION NO. 8
Proposing amendments to the Uniform Rules of the Alaska State
Legislature relating to withdrawing measures, to sponsors of
measures, to prefiling measures, and to the three readings of
bills.
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 43
SHORT TITLE: SECOND VERSE OF ALASKA'S STATE SONG
SPONSOR(s): SENATOR(s) MENARD
01/21/09 (S) PREFILE RELEASED 1/9/09
01/21/09 (S) READ THE FIRST TIME - REFERRALS
01/21/09 (S) CRA, STA
01/28/10 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
01/28/10 (S) Moved SB 43 Out of Committee
01/28/10 (S) MINUTE(CRA)
01/29/10 (S) CRA RPT 4DP
01/29/10 (S) DP: OLSON, KOOKESH, MENARD, THOMAS
02/04/10 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
02/04/10 (S) <Bill Hearing Canceled>
02/09/10 (S) STA AT 9:00 AM BELTZ 105 (TSBldg)
02/09/10 (S) Moved SB 43 Out of Committee
02/09/10 (S) MINUTE(STA)
02/10/10 (S) STA RPT 5DP
02/10/10 (S) DP: MENARD, FRENCH, MEYER, PASKVAN,
KOOKESH
03/10/10 (S) TRANSMITTED TO (H)
03/10/10 (S) VERSION: SB 43
03/11/10 (H) READ THE FIRST TIME - REFERRALS
03/11/10 (H) STA, JUD
03/25/10 (H) STA AT 9:30 AM CAPITOL 106
03/25/10 (H) Heard & Held
03/25/10 (H) MINUTE(STA)
03/30/10 (H) STA AT 8:00 AM CAPITOL 106
BILL: HB 241
SHORT TITLE: DIVEST INVESTMENTS IN IRAN
SPONSOR(s): REPRESENTATIVE(s) GATTO
04/18/09 (H) READ THE FIRST TIME - REFERRALS
04/18/09 (H) STA, FIN
02/09/10 (H) STA AT 8:00 AM CAPITOL 106
02/09/10 (H) Heard & Held
02/09/10 (H) MINUTE(STA)
02/16/10 (H) STA AT 8:00 AM CAPITOL 106
02/16/10 (H) Failed To Move Out Of Committee
02/16/10 (H) MINUTE(STA)
03/30/10 (H) STA AT 8:00 AM CAPITOL 106
BILL: HB 128
SHORT TITLE: INTRODUCTION OF MEASURES/FISCAL NOTES
SPONSOR(s): REPRESENTATIVE(s) GRUENBERG
02/13/09 (H) READ THE FIRST TIME - REFERRALS
02/13/09 (H) STA, FIN
04/07/09 (H) STA AT 8:00 AM CAPITOL 106
04/07/09 (H) Scheduled But Not Heard
03/23/10 (H) STA AT 8:00 AM CAPITOL 106
03/23/10 (H) Heard & Held
03/23/10 (H) MINUTE(STA)
03/30/10 (H) STA AT 8:00 AM CAPITOL 106
BILL: HCR 8
SHORT TITLE: UNIFORM RULES: MEASURE SPONSORS/READINGS
SPONSOR(s): REPRESENTATIVE(s) GRUENBERG
02/13/09 (H) READ THE FIRST TIME - REFERRALS
02/13/09 (H) STA
04/07/09 (H) STA AT 8:00 AM CAPITOL 106
04/07/09 (H) Scheduled But Not Heard
03/23/10 (H) STA AT 8:00 AM CAPITOL 106
03/23/10 (H) Heard & Held
03/23/10 (H) MINUTE(STA)
03/30/10 (H) STA AT 8:00 AM CAPITOL 106
WITNESS REGISTER
GAIL FENUMIAI, Director
Division of Elections
Office of the Governor
Juneau, Alaska
POSITION STATEMENT: Presented an overview of the Division of
Elections.
SENATOR LINDA MENARD
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As sponsor of SB 43, explained the proposed
changes in Version 26-LS0259\R, Bullard, 3/29/10.
ALPHEUS BULLARD, Attorney
Legislative Legal Counsel
Legislative Legal and Research Services
Legislative Affairs Agency
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on SB
43.
MICHAEL ROVITO, Staff
Senator Linda Menard
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided information during the hearing on
SB 43, on behalf of Senator Menard, sponsor.
PATRICK GALVIN, Commissioner
Department of Revenue
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing on HB 241.
TED MADSEN, Staff
Representative Max Gruenberg
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Explained the changes that would be made to
HCR 8, through the proposed CS, Version 26-LS0366\C, Cook,
3/25/10.
ACTION NARRATIVE
8:07:35 AM
CHAIR BOB LYNN called the House State Affairs Standing Committee
meeting to order at 8:07 a.m. Representatives Seaton, Gatto,
Johnson, Wilson, Petersen, and Lynn were present at the call to
order. Representative Gruenberg arrived as the meeting was in
progress.
^OVERVIEW(S): DIVISION OF ELECTIONS
OVERVIEW(S): DIVISION OF ELECTIONS
8:08:04 AM
CHAIR LYNN announced that the first order of business was the
overview of the Division of Elections.
8:08:45 AM
GAIL FENUMIAI, Director, Division of Elections, Office of the
Governor, presented an overview regarding absentee voting and
the Division of Elections' process for counting absentee ballots
post election date. She listed the four types of absentee
voting: by mail, by facsimile, in person, and by early voting.
Under current statute, the division has 15 days following an
election to review and count ballots prior to the convening of
the state review board. She explained that a board convenes in
Juneau, and audits the results from all the precincts in the
state, to ensure that everything has been done according to
state law.
MS. FENUMIAI relayed that in 2008, the division processed a
record number of absentee ballots - over 99,000 of the various
forms of absentee voting - and did so before the 15-day
deadline. She reported that for the first time since she has
been with the division, the division conducted a check for
duplicate voting prior to counting any absentee ballots, which
she opined was important. She explained that during the primary
election, it was brought to the attention of the division that
26 ballots had been counted more than once, because people had
voted absentee, in one form or another, and then went to the
polling place on election day to vote. She relayed that the
division has found that this has happened without malice. In
response to Chair Lynn, she explained that many of those who
voted twice were elderly people who forgot they had already
voted. The by-mail ballot arrives at a person's address about
three weeks before the election, she noted. She said she is
proud to announce that in the 2008 general election there were
no duplicate ballots counted. She talked about the close
political races that have occurred in Alaska and emphasized the
importance of ensuring "one person/one vote."
MS. FENUMIAI recollected that on election night, the division
had waited until the seventh day following the election to do
its first count of by-mail and in-person ballots for the purpose
of conducting the duplicate voter check. The only way to do
that, she explained, was to wait until receipt of the precinct
registers from the precincts and to check the precinct voter
history, by district. As soon as that is done, the division
runs a duplicate voter check for all ballots that have been
received and logged as of that date. That process continues
until the division finishes receiving absentee ballots in the
mail. If a person votes twice, the division pulls the absentee
ballot. In response to Chair Lynn, she explained that the vote
done at the polling place is the one that counts, because it was
done on election day, and "as soon as the ballot's fed into the
optical scan unit it tabulates."
8:13:48 AM
REPRESENTATIVE GATTO asked if there have been instances where a
person who voted twice changed his/her vote the second time.
MS. FENUMIAI responded, "The way a person votes, we have no
idea."
8:14:23 AM
MS. FENUMIAI continued with her overview. She said the division
has absentee voting locations throughout the state. She listed
the following locations as having house district ballots for all
40 districts: the division's regional offices, airports on
election day, and an absentee voting station on the University
of Alaska Anchorage campus. Some areas have specific house
district ballots. For example, she said, Wrangell has ballots
at its city hall. The voting at absentee voting locations
starts 15 days before the election. The ballots are voted
before an absentee voting official and are sent in daily to the
regional office for processing and "logging," and to be reviewed
by a bi-partisan board.
8:16:13 AM
MS. FENUMIAI, in response to Representative Seaton, said the
aforementioned 2008 general election brought in over 327,000
ballots; therefore, approximately one-third of those were
absentee votes.
REPRESENTATIVE SEATON expressed concern that rural votes will
not be known until seven days after election, while urban votes
will be known on election day, which would influence the
political process. He said the issue is important because
"organization takes place right after elections." He asked Ms.
Fenumiai if the division has figured out a way to count the
ballots "so that there's an equivalency of knowledge on election
night between the districts that are in the regional hubs and
those that are not ...."
8:19:47 AM
MS. FENUMIAI said of the 99,500-plus absentee ballots, 24,512 of
those were early votes; therefore a large proportion of those
were not counted until after election day. She said the
division's plan for the upcoming elections of 2010 is to conduct
duplicate voting checks again and to have its first counting of
absentee ballots on the tenth day following the election. In
response to Representative Seaton, she confirmed that the
division's plan would mean that absentee votes submitted in
person in various areas would all be counted on the same day.
REPRESENTATIVE SEATON asked what the distinction is between
early voting and absentee, in-person voting.
8:21:22 AM
MS. FENUMIAI answered that early voting takes place at the
division's four regional offices: Juneau, Anchorage, Fairbanks,
and Nome. She illustrated the difference between early voting
and in-person, absentee voting, as follows:
[In early voting], the eligibility of myself to cast a
House District 4 ballot is determined right ... then
and there ..., by the information. They have access
to our statewide voter registration system. The
information that is in that system is displayed [and]
printed for myself to look at and verify that nothing
has changed. I sign that the above information is
correct; I'm a qualified voter. It has been witnessed
by the absentee voting official. I can vote my ballot
and it goes into the ballot box to be counted on
election night.
An absentee, in-person ballot is voted by somebody,
say they come to the Region I office and they're in
House District 35. They have to fill out an oath and
affidavit envelope with their voter registration
information - where they live, their residence address
- sign it, it's witnessed, the ballot is put in a
secrecy sleeve, and it's sealed and is then reviewed
by that bi-partisan absentee review board that I
mentioned earlier to determine the eligibility of that
voter to cast that District 35 ballot.
REPRESENTATIVE SEATON said it sounds like all the people who are
encouraged to vote early in rural Alaska - about a third of the
rural voters - have to do so through absentee, in-person voting,
and those ballots will not be counted until 7-10 days after the
election, whereas in urban areas, the system is set up such that
votes get counted right away. He asked if his interpretation is
correct.
8:24:48 AM
MS. FENUMIAI said that is an accurate description of the
process. She said essentially early voting is going to the
polling place early. Those aforementioned 24,512 early voters
just eliminated the step of having to go to their polling place
on election and sign a precinct register.
8:25:25 AM
REPRESENTATIVE SEATON reiterated that there is an issue of
inequality, and again asked Ms. Fenumiai if the division has
figured a way to correct that.
8:26:39 AM
MS. FENUMIAI answered no. She explained that where the regional
offices are allowed to exist is set in statute. She said there
were over 73,000 other forms of absentee ballots that were
counted post election night. She said that although it appears
that some races are determined on election night, there are
still 15 days to count the remaining absentee and questioned
ballots. She stated that nothing is official until the state
review board finishes conducting a review of the election. She
said the division is charged with ensuring that every voter who
casts a ballot is eligible to do so and only casts one ballot,
and she related that the division takes great pride in
fulfilling that statutory obligation.
8:28:03 AM
CHAIR LYNN said although political parties do not always do so,
they could choose to wait to do their organizing until the final
election results are available.
8:29:03 AM
MS. FENUMIAI, in response to Representative Gatto, said she does
not know how many ballots sent to voters in the military are
returned, but she said she could get that information.
8:30:21 AM
REPRESENTATIVE GATTO said he is interested in learning what that
number is both in regard to presidential and non-presidential
election years.
8:30:40 AM
REPRESENTATIVE JOHNSON said he is uncomfortable quizzing the
division as to how a party organizes. He said the charge of the
division is to ensure that every person who votes is counted,
that no one votes twice, and that the people who do vote are
eligible. He said he thinks the division carries out its
mission fairly well "with the assets that we give them."
CHAIR LYNN said he would not argue with that statement.
8:32:06 AM
REPRESENTATIVE SEATON said the legislature establishes the
voting process. He explained that he is questioning whether the
legislature has established a policy that results in
differential results or differential reporting of the results,
thereby affecting the political process; he is not criticizing
the work of the division.
8:34:12 AM
MS. FENUMIAI, in response to Representative Wilson, said she
does not know how many of the 327,000 total votes from the 2008
general election were by-mail ballots versus absentee and in-
person ballots, but she offered to get that information.
8:35:08 AM
REPRESENTATIVE GRUENBERG mentioned a lawsuit brought on behalf
of the people in Bethel when the State of Alaska allegedly
failed to provide the protections required in the Voting Act of
1965. He expressed concern that the situation went "to that
length" before the state acknowledged the rights of the people
under that Act, and concern that the state may be facing similar
potential lawsuits from others in the state who are covered by
the Act. He asked what steps the division is taking in this
regard.
8:36:33 AM
MS. FENUMIAI said she does not believe others will have to sue
the state. She said the case mentioned by Representative
Gruenberg provided the division an opportunity to improve that
region's language assistance program. She relayed that under
federal law, the division is required to provide language
assistance to voters. It had done so in the past, but increased
its efforts since the case. She said the division has recruited
bilingual poll workers in every precinct in which the division
is required to provide language assistance. In other areas of
the state, the division has on-call interpreters available, she
reported. Furthermore, the division has improved its training
on language assistance; workers at the division are now aware of
the requirements of the federal Act, she said. She said other
language will be focused on as well, in terms of assistance to
voters. In response to a follow-up question from Representative
Gruenberg, she confirmed that she believes the division is
currently in compliance with the federal Act.
8:40:55 AM
REPRESENTATIVE SEATON asked, "What would be the effect on the
division [if], instead of having early voting, all of those
[ballots] in those regional precincts ... were taken as [in-
person, absentee] votes, so that all residents in Alaska were
provided the same mechanism to ... voting?"
8:41:29 AM
MS. FENUMIAI answered that it would mean that the division would
need to log and review 24,500-plus additional ballots.
8:42:38 AM
MS. FENUMIAI, in response to Representative Gatto, said the
voting roster shows the names of those who have voted absentee,
and she offered her understanding that that roster, which is
purchased by numerous groups, also shows whether or not those
ballots were "returned and voted." In response to a follow-up
question from Representative Gatto, she confirmed that the names
of those who vote in any manner are captured in the voter
history. Ms. Fenumiai said anyone who buys a voter list would
also receive the voter history information, and she offered her
understanding that that voter history includes elections from
the past 10 years.
REPRESENTATIVE GATTO suggested that the voting process should be
"a private piece of information."
8:43:40 AM
MS. FENUMIAI responded that the voter list is public
information, and she said she does not know what people use the
list for when they purchase it.
8:44:01 AM
MS. FENUMIAI, in response to Representative Petersen, said 66.03
percent of Alaska registered voters voted in the last statewide
election. In response to a follow-up question, she said she
cannot say if turnout was so high because of the availability of
early voting, but she said presidential elections tend to draw
more voters - an average of 60 percent, versus the 50-percent
range for nonpresidential elections.
8:44:53 AM
CHAIR LYNN thanked Ms. Fenumiai for the overview.
SB 43-SECOND VERSE OF ALASKA'S STATE SONG
8:45:23 AM
CHAIR LYNN announced that the next order of business was SENATE
BILL NO. 43, "An Act adding a second verse to the official
Alaska state song."
8:46:14 AM
REPRESENTATIVE SEATON moved to adopt the House committee
substitute (HCS) for SB 43, Version 26-LS0259\R, Bullard,
3/29/10, as a work draft.
8:46:24 AM
REPRESENTATIVE PETERSEN objected for discussion purposes.
8:46:30 AM
SENATOR LINDA MENARD, Alaska State Legislature, as sponsor,
explained the proposed changes in Version 26-LS0259\R, Bullard,
3/29/10. She said there are three small changes, which are
proposed in response to concerns about copyright infringement in
language in the second verse of the song, "Alaska's Flag." She
directed attention to Section 1, beginning on line 5, where "to
the first verse" was added to clarify that the first verse of
the song was composed by [Marie Drake], and the phrase "and
words to the second verse by Carol Beery Davis" was added. She
noted that beginning on page 2, line 7, "multiple words and
punctuations have been changed to more accurately reflect the
copyright's version of the second verse of the Alaska's Flag
song." She explained that these changes were made to correct
oversights made by the bill drafters at the bill's conception.
SENATOR MENARD directed attention to Section 2, on page 2, lines
19-22, which read as follows:
*Sec.2. AS 44.09.040 is amended by adding a new
subsection to read:
(b) A copy of "Alaska's Flag" produced for
public use must have the following attribution and
notice: "copyright University of Alaska Foundation,
nonprofit use permitted, all other rights reserved."
SENATOR MENARD then reviewed each punctuation change [provided
in a handout in the committee packet] to the second verse, the
result of which is that the second verse, on page 2, lines 7-18,
of Version R, read as follows:
A Native lad chose the Dipper's stars
For Alaska's flag that there be no bars
Among our culture. Let it be known
Through years the Native's past has grown
To share life's treasures, hand in hand,
To keep Alaska our Great-Land;
We love the northern midnight sky,
The mountains, lakes and streams nearby.
The great North Star with its steady light
Will guide all cultures, clear and bright,
With nature's flag to Alaskans dear,
The simple flag of the last frontier.
8:48:30 AM
REPRESENTATIVE P. WILSON directed attention to the phrasing of
the second verse, on page 2, line 9, and said she is not sure
how the phrasing fits with the music, because it ends "in the
middle."
CHAIR LYNN responded that it is common in poetry for a sentence
to end in the middle of a line.
REPRESENTATIVE P. WILSON said she knows that, but questioned how
it would be sung.
8:49:50 AM
REPRESENTATIVE GATTO asked if there is a difference between the
word "native" and the term "Alaska Native."
8:50:00 AM
SENATOR MENARD said she does not believe there is.
REPRESENTATIVE GATTO said his children were born in Alaska,
thus, they are native Alaskan; however, they are not Alaska
Native. He said he does not see the distinction made in the
proposed legislation.
8:50:42 AM
SENATOR MENARD said this would be an argument about semantics.
Notwithstanding that, she said considering the date the verse
was written, the term Natives refers to Alaska Natives.
CHAIR LYNN said the controversy over the term Native American
has existed for years, but is "probably outside the scope of
this particular bill."
8:51:52 AM
REPRESENTATIVE GATTO said he disagrees. He said the sponsor's
intent was not to honor "her children, or my children, or your
children." He asked whose children the sponsor did intend to
honor.
SENATOR MENARD stated that her intent is to not get into a
debate.
REPRESENTATIVE GATTO opined, "This is the place for debate."
8:52:22 AM
REPRESENTATIVE GRUENBERG said he would impose a point of order
to state that Representative Gatto is harassing the witness.
REPRESENTATIVE GATTO objected to the point of order.
8:52:30 AM
The committee took an at-ease from 8:52:31 AM to 8:53:00 AM.
8:53:50 AM
CHAIR LYNN relayed that in House Records' minutes, a lower case
"n" is used to distinguish a person born in Alaska but not
Alaska Native, and a capital "N" is used to distinguish a person
of Native descent in Alaska.
REPRESENTATIVE GATTO said he had not heard of that before.
8:54:01 AM
REPRESENTATIVE JOHNSON directed attention to Section 2 and asked
if it is a new section. He said he wants to know if he was to
hand out the words to Alaska's Flag, and he did so not as part
of a nonprofit affiliation, then he would be violating a
copyright.
8:54:28 AM
SENATOR MENARD answered no. She offered her understanding that
after 20 years, the copyright "pretty much goes away." She
said, "This was 1987, so we've had the twenty years go by."
8:55:33 AM
ALPHEUS BULLARD, Attorney, Legislative Legal Counsel,
Legislative Legal and Research Services, Legislative Affairs
Agency, in response to Representative Johnson's question, said
he thinks if the handout Representative Johnson distributed
included the attribution, "copyright University of Alaska
Foundation, nonprofit use permitted, all other rights reserved",
then he thinks "the law would be satisfied."
CHAIR LYNN asked if that would apply to any other song with a
copyright.
MR. BULLARD answered that he does not know.
8:56:19 AM
REPRESENTATIVE JOHNSON proffered that any other song is probably
connected with the American Society of Composers, Authors and
Publishers (ASCAP) or Broadcast Music, Inc. (BMI), organizations
that charge radio, television stations, and "everyone who uses
jingles" and then distribute the money to the authors of those
jingles. He said he wants to ensure that including Section 2 of
the bill would not result in people being subjected to ASCAP and
BMI fines.
8:57:49 AM
SENATOR MENARD, in response to Representative Wilson, said there
is a copyright on the second verse. However, she pointed out
that the [University of Alaska] Foundation, with which she has
collaborated, "has no objection." She indicated that the focus
of the bill is to recognize the work of Carol Beery Davis in
writing the second verse.
8:58:35 AM
MICHAEL ROVITO, Staff, Senator Linda Menard, Alaska State
Legislature, on behalf of Senator Menard, sponsor, said he had
just spoken with Mary Rutherford, President of the University of
Alaska Foundation, and he related his understanding that the
foundation is not worried about the distribution of the song,
but wants the foundation recognized as the owner of the second
verse of the song.
8:59:11 AM
REPRESENTATIVE P. WILSON asked what consequences there would be
if someone printed both verses, not knowing he/she had to
recognize the foundation.
8:59:49 AM
MR. ROVITO said he does not know but could find out.
8:59:59 AM
REPRESENTATIVE SEATON noted that the language on page 2, line
21, read "nonprofit use" rather than "use by a nonprofit";
therefore, the copyright fee for nonprofit use would be waived.
He asked if the foundation has the copyright to both the first
and second verses.
9:01:11 AM
SENATOR MENARD replied that the short answer is yes.
9:01:18 AM
REPRESENTATIVE GRUENBERG expressed concern about the legality of
the issue. He noted that SB 43 has been referred to the House
Judiciary Standing Committee, which is most likely to address
this issue. He said it appears that Section 2 applies to both
verses, when perhaps it should apply only to the second verse.
He expressed concern about unintended consequences, and said he
wants copyright lawyers, as well as representatives from [the
foundation] available to testify. He said he would like to know
if the foundation would concur with a decision to delete Section
2.
9:03:15 AM
REPRESENTATIVE JOHNSON concurred with Representative Gruenberg.
He said Section 2 could be written so that the verses to the
song are public domain. In response to Representative Seaton's
previous remark regarding the use of the term "nonprofit", he
said anyone who is not part of a nonprofit group would fall
under "all other rights reserved."
9:04:21 AM
REPRESENTATIVE PETERSEN said he has been involved in playing and
singing music for over 40 years, and Section 2 is a classic
disclaimer that is used in conjunction with "any type of
copyrighted music that is being used in any type of a public
sense." The music is open for use in a nonprofit manner, but
not for financial gain, he explained.
9:05:49 AM
REPRESENTATIVE JOHNSON said Representative Petersen just
underlined his point that the reason the copyright is on the
music is so that if someone uses it, the write of the music can
be compensated. He said the language in SB 43 appears to give
recourse to the University of Alaska to use the song. He
recommended that the committee delete [Section 2] now and allow
the House Judiciary Standing Committee to add it back in if it
so chooses.
9:06:46 AM
SENATOR MENARD said that would be acceptable. She related an
anecdote about a woman who sings often for the public and would
like to sing the second verse, but feels uncomfortable about
doing so. She said the University of Alaska has said that it
will release the second verse to be acknowledged as an official
second verse.
9:08:23 AM
REPRESENTATIVE GRUENBERG said he would be comfortable deleting
Section 2. He asked if wording needs to be added to let people
know whether the song is in public domain.
9:09:27 AM
REPRESENTATIVE P. WILSON said she is comfortable with deleting
Section 2, but she would like the bill sponsor to consider
before the next committee of referral if it would need to be put
back into the bill. She restated her concern regarding whether
there would be consequences if someone printed out the verses
without noting the copyright.
9:10:30 AM
SENATOR MENARD, in response to Representative Gatto, said
currently a person would not be carried away in handcuffs who
chose to sing the second verse; the person to whom she
previously referred just did not feel comfortable singing a
verse to the a state song that has not yet been recognized by
the state legislature as an official verse.
9:11:32 AM
REPRESENTATIVE PETERSEN removed his objection to the motion to
adopt Version R as the work draft. Therefore, Version R was
before the committee.
9:11:37 AM
REPRESENTATIVE JOHNSON moved to adopt Conceptual Amendment 1, as
follows:
Page 2, line 19-22:
Delete all language
There being no objection, Conceptual Amendment 1 was adopted.
9:11:57 AM
REPRESENTATIVE SEATON and REPRESENTATIVE GRUENBERG moved to
report the proposed HCS for SB 43, Version 26-LS0259\R, Bullard,
3/29/10, as amended, out of committee with individual
recommendations and the accompanying fiscal notes.
9:12:13 AM
REPRESENTATIVE GATTO objected. He said he has respect for
Alaska - its cultures and history - which is why he objects. He
stated his belief that the legislature should not change the
state's history by adding a verse to a song that was written
long ago. He said there is no law against singing the second
verse or not singing it. He stated that his intent is to
protect Alaska's culture - "more so than anybody who votes to
change it." Representative Gatto said no one goes back to
investigate the Holy Bible and change it, and if they did, they
better make a new addition. He said the bill is not proposing
to make a new addition song, but is adding something new to the
old addition. He pointed out that the Alaska State Seal does
not depict Alaska Native culture on it.
CHAIR LYNN offered his understanding that a bill was introduced
a few years ago to do so.
9:15:52 AM
REPRESENTATIVE GRUENBERG noted that the first verse of Alaska's
Flag refers to sourdoughs who came from the Lower 48, whereas
the second verse refers to Alaska Natives. He said, "It seems
to me that the second verse just restores the balance."
9:16:45 AM
A roll call vote was taken. Representatives Petersen, Seaton,
Wilson, Gruenberg, and Lynn voted in favor of the motion to
report the proposed HCS for SB 43, Version 26-LS0259\R, Bullard,
3/29/10, as amended, out of committee. Representatives Gatto
and Johnson voted against it. Therefore, HCS SB 43(STA) was
reported out of the House State Affairs Standing Committee by a
vote of 5-2.
HB 241-DIVEST INVESTMENTS IN IRAN
9:17:22 AM
CHAIR LYNN announced that the next order of business was HOUSE
BILL NO. 241, "An Act relating to certain investments of the
Alaska permanent fund, the state's retirement systems, the State
of Alaska Supplemental Annuity Plan, and the deferred
compensation program for state employees in companies that do
business in Iran, and restricting those investments; and
providing for an effective date."
The committee took an at-ease from 9:17:27 AM to 9:19:19 AM.
[Due to technical difficulties with the official recording, the
testimony from 9:20 a.m. through 9:28 a.m. was reconstructed
from an alternative audio source.]
9:20:34 AM
REPRESENTATIVE GATTO, sponsor, moved that the committee rescind
its action, on 2/16/10, in failing to report from committee the
proposed committee substitute (CS) for HB 241, Version 26-
LS0680\S, Kane, 2/15/10, as amended.
9:20:44 AM
REPRESENTATIVE JOHNSON objected.
9:21:33 AM
A roll call vote was taken. Representatives Seaton, Wilson,
Gatto, Gruenberg, Petersen, and Lynn voted in favor of the
motion to rescind the committee's action in failing to report
from committee the proposed committee substitute (CS) for HB
241, Version 26-LS0680\S, Kane, 2/15/10, as amended.
Representative Johnson voted against it. Therefore, the motion
to rescind the committee's action passed by a vote of 6-1.
9:21:51 AM
REPRESENTATIVE GATTO spoke to the reason to pass HB 241. He
said the State of Alaska currently has approximately $1 billion
invested in Iran. The federal government has clearly stated
that it wants sanctions on Iran, to put pressure on the country.
He indicated that the bill would not require investigation of
every mutual stock in every fund, but would establish a $20,000
threshold. He reminded the committee that the Permanent Fund
Corporation had indicated that it has no issue with the proposed
legislation. Investments would be transferred to other
investments, he said. Representative Gatto offered his
understanding that Iran will have the capability to send a
nuclear weapon via missile to the U.S. within the next 10 years.
9:25:22 AM
PATRICK GALVIN, Commissioner, Department of Revenue, testified
that the department appreciates the bill sponsor's efforts to
minimize the administrative costs and burden in the structure of
the bill. He said the governor recognizes that there are
instances where it is appropriate to make investment decisions
in response to national security issues. In response to Chair
Lynn, he said the governor has not taken a position on HB 241,
but recognizes that there are instances when it is appropriate
for the state to "join with others in isolating nations that are
not taking actions that are in our national interest." In
response to a follow-up question, he indicated that the governor
would not take action on his own, but would cooperate if the
bill passed.
9:26:15 AM
REPRESENTATIVE JOHNSON spoke to his objection. He said if he
thought the proposed legislation would effectively prevent the
construction of nuclear weapons or even "do any good at all," he
would support it. He said the cost per share difference, at two
cents, will not impact Iran. He opined that if the State of
Alaska really wants to have an effect on Iran, it would refuse
to do business with companies that do business in Iran. He
offered an example. He stated that he does not like what is
happening to soldiers in Iran, but reiterated that he does not
think the proposed legislation will do one bit of good.
9:29:44 AM
REPRESENTATIVE GATTO speculated that soldiers overseas follow
the actions of their government, and the federal government is
saying pressure on Iran is needed. He mentioned companies in
Alaska that are pulling out their investments in Iran, and he
asked, "Is it economics or is it public pressure?" He stated,
"This is where the public pressure originates." He said the
state has the ability to put public pressure "on people who kill
our soldiers."
9:31:17 AM
REPRESENTATIVE GRUENBERG remarked, "A journey begins with a
single step."
9:31:23 AM
REPRESENTATIVE SEATON stated that the fighting is in Pakistan,
which is also where the Taliban is. He related that there are
500,000-800,000 Afghani refugees in Iran. He said he has not
heard of cross-border conflicts or missiles being fired into
Iran. He stated that there is concern about potential nuclear
weaponry, but the testimony by the Chief of Staff and commanders
in the field has not shown that Iranians are shooting American
soldiers.
REPRESENTATIVE SEATON mentioned companies from around the world,
which Alaska has tried to work with in developing the state's
oil fields. He questioned how moral the state would be in
divesting from all these companies while still being in
partnership with them and giving them tax credits to develop oil
fields and leases on Alaska lands.
9:35:22 AM
REPRESENTATIVE GATTO stated that HB 241 is not an omnibus bill,
but it is a powerful first step, "especially in light of the
fact that we've seen major oil companies pull out of Iran." He
said parts for improvised explosive devices are being made in
Iran and then being shipped out and sold. He stated, "So, while
they're not actually throwing the bombs at us, they're making
the parts."
9:36:28 AM
REPRESENTATIVE JOHNSON said he trusts Representative Gatto to
accurately report that there are companies pulling out of Iran,
but he is not comfortable concluding that the reason those
companies are leaving is in response to public opinion.
9:37:18 AM
REPRESENTATIVE GATTO read some news release headlines indicating
that Iran is tied to the killing of U.S. soldiers and involved
in supplying weapons to the Taliban.
9:37:42 AM
REPRESENTATIVE GRUENBERG moved [to report the proposed committee
substitute (CS) for HB 241, Version 26-LS0680\S, Kane, 2/15/10,
as amended, from the House State Affairs Standing Committee.]
9:37:54 AM
REPRESENTATIVE JOHNSON objected.
9:37:58 AM
A roll call vote was taken. Representatives Wilson, Gatto,
Gruenberg, Petersen, and Lynn voted in favor of the motion to
report the proposed committee substitute (CS) for HB 241,
Version 26-LS0680\S, Kane, 2/15/10, as amended, from the House
State Affairs Standing Committee. Representatives Johnson and
Seaton voted against it. Therefore, CSHB 241(STA) was reported
out of the House State Affairs Standing Committee by a vote of
5-2.
HB 128-INTRODUCTION OF MEASURES/FISCAL NOTES
HCR 8-UNIFORM RULES: MEASURE SPONSORS/READINGS
9:38:51 AM
CHAIR LYNN announced that last order of business was HOUSE BILL
NO. 128 "An Act relating to introduction of measures and to
fiscal notes for measures."; and HOUSE CONCURRENT RESOLUTION NO.
8 Proposing amendments to the Uniform Rules of the Alaska State
Legislature relating to withdrawing measures, to sponsors of
measures, to prefiling measures, and to the three readings of
bills.
9:40:02 AM
REPRESENTATIVE GATTO moved to adopt the proposed committee
substitute (CS) for HCR 8, Version 26-LS0366\C, Cook, 3/25/10,
as a work draft.
REPRESENTATIVE SEATON objected for discussion purposes.
9:40:18 AM
TED MADSEN, Staff, Representative Max Gruenberg, Alaska State
Legislature, explained the changes that would be made to HCR 8,
through Version C. First, he noted, on page 3, lines 10-14,
language would be added to describe when a member may remove
his/her name as sponsor, joint prime sponsor, cosponsor, or
cross cosponsor of a measure. The second change would be the
removal of Section 4, which addressed the first reading of bills
and resolutions. He said that change was made at the
recommendation of Representative Seaton.
9:41:13 AM
REPRESENTATIVE SEATON removed his objection. There being no
further objection, Version C was before the committee as a work
draft.
9:41:23 AM
REPRESENTATIVE GRUENBERG, sponsor, said both HB 128 and HCR 8
are companion pieces that could be considered during the
interim. He explained that HCR 8 is a vehicle for changes that
would have to be made through a resolution, while HB 128 is a
vehicle for changes that would have to be made in statute.
9:41:55 AM
REPRESENTATIVE GRUENBERG reviewed the issues of the proposed
legislation. First he said, is the question of how many members
it should take to move a bill out of committee, whether it
should be a majority of those present or a majority of the full
committee. He opined that whatever decision is made should be
required for all committees and should not be an issue that can
be overridden by the chair of the committee. A second issue to
consider, he said, has to do with teleconferencing for those who
are not present "or work during the interim." He said Tamara
Cook, the director of Legislative Legal and Research Services,
found related legislation, House Concurrent Resolution 60, from
the Fourteenth Alaska State Legislature. Further issues to
consider are the procedures used on the House floor. He
explained that at one time, both Congress and the Alaska State
Legislature addressed members on the floor by naming their state
or district, respectively. Now, the U.S. Senate calls each
other by name, but the Alaska State Legislature continues to
call each other by district number. He said it would make the
system more "user friendly" to call each other by name.
9:44:35 AM
REPRESENTATIVE GRUENBERG expressed interest in ensuring that the
titles of measures are kept sufficiently narrow, to avoid the
problems that result when unrelated issues get "tacked on" to
legislation. In response to a question from Representative
Wilson, he said the word "measure" is used in the proposed
legislation, because it can mean a bill or resolution. He said
the idea was raised when discussing prefiling of legislation.
Representative Gruenberg stated, "If we leave one thing behind
us, I would hope it's a legislature that's good, that's strong,
that functions well, and that's user-friendly for us and the
public."
9:46:40 AM
CHAIR LYNN announced that both HCR 8 and HB 128 were held over.
9:47:40 AM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 9:47
a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 01-A second CS for HB 241 Version S.pdf |
HSTA 3/30/2010 8:00:00 AM |
HB 241 |
| Explanation of changes from CS HCR 8 P to C versions.pdf |
HSTA 3/30/2010 8:00:00 AM |
HCR 8 |
| CS for HCR 8 ( ) C version.pdf |
HSTA 3/30/2010 8:00:00 AM |
HCR 8 |
| HB128-REVISED FISCAL NOTE GOV-OMB-3-29-10.pdf |
HSTA 3/30/2010 8:00:00 AM |
HB 128 |