03/08/2022 03:00 PM House STATE AFFAIRS
| Audio | Topic | 
|---|---|
| Start | |
| HB387 | |
| SB71 | |
| HB291 | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 387 | TELECONFERENCED | |
| += | SB 71 | TELECONFERENCED | |
| += | HB 291 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         March 8, 2022                                                                                          
                           3:07 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jonathan Kreiss-Tomkins, Chair                                                                                   
Representative Matt Claman, Vice Chair                                                                                          
Representative Geran Tarr                                                                                                       
Representative Andi Story                                                                                                       
Representative Sarah Vance                                                                                                      
Representative James Kaufman                                                                                                    
Representative David Eastman                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 387                                                                                                              
"An Act  relating to the  membership of the  legislative council;                                                               
and  relating to  the membership  of the  Legislative Budget  and                                                               
Audit Committee."                                                                                                               
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
CS FOR SENATE BILL NO. 71(FIN)                                                                                                  
"An  Act   relating  to   special  request   registration  plates                                                               
celebrating  the arts;  relating to  artwork in  public buildings                                                               
and facilities; relating  to the management of  artwork under the                                                               
art in public  places fund; relating to the powers  and duties of                                                               
the Alaska  State Council  on the  Arts; establishing  the Alaska                                                               
arts  and   cultural  investment  fund;  and   providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - MOVED HCS CSSB 71(STA) OUT OF COMMITTEE                                                                                  
                                                                                                                                
HOUSE BILL NO. 291                                                                                                              
"An  Act  extending  the  termination  date  of  the  Council  on                                                               
Domestic  Violence  and  Sexual  Assault; and  providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 387                                                                                                                  
SHORT TITLE: MEMBERS LEG COUNCIL; LEG BUDGET & AUDIT                                                                            
SPONSOR(s): REPRESENTATIVE(s) KREISS-TOMKINS                                                                                    
                                                                                                                                
02/22/22       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/22/22       (H)       STA                                                                                                    
03/03/22       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/03/22       (H)       Heard & Held                                                                                           
03/03/22       (H)       MINUTE(STA)                                                                                            
03/08/22       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: SB  71                                                                                                                  
SHORT TITLE: COUNCIL ON ARTS: PLATES & MANAGE ART                                                                               
SPONSOR(s): SENATOR(s) STEVENS                                                                                                  
                                                                                                                                
02/05/21       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/05/21       (S)       STA, FIN                                                                                               
03/09/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
03/09/21       (S)       Heard & Held                                                                                           
03/09/21       (S)       MINUTE(STA)                                                                                            
03/23/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
03/23/21       (S)       Moved SB 71 Out of Committee                                                                           
03/23/21       (S)       MINUTE(STA)                                                                                            
03/24/21       (S)       STA RPT 1DP 4NR                                                                                        
03/24/21       (S)       NR:    SHOWER,    COSTELLO,    KAWASAKI,                                                               
                         REINBOLD                                                                                               
03/24/21       (S)       DP: HOLLAND                                                                                            
04/06/21       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
04/06/21       (S)       Heard & Held                                                                                           
04/06/21       (S)       MINUTE(FIN)                                                                                            
04/19/21       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
04/19/21       (S)       Heard & Held                                                                                           
04/19/21       (S)       MINUTE(FIN)                                                                                            
04/21/21       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
04/21/21       (S)       Moved CSSB 71(FIN) Out of Committee                                                                    
04/21/21       (S)       MINUTE(FIN)                                                                                            
04/23/21       (S)       FIN RPT CS  5DP 2NR NEW TITLE                                                                          
04/23/21       (S)       DP:     STEDMAN,    BISHOP,     HOFFMAN,                                                               
                         WIELECHOWSKI, VON IMHOF                                                                                
04/23/21       (S)       NR: WILSON, OLSON                                                                                      
05/05/21       (S)       TRANSMITTED TO (H)                                                                                     
05/05/21       (S)       VERSION: CSSB 71(FIN)                                                                                  
05/06/21       (H)       READ THE FIRST TIME - REFERRALS                                                                        
05/06/21       (H)       STA, FIN                                                                                               
05/13/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
05/13/21       (H)       <Bill Hearing Postponed to 5/15/21>                                                                    
05/15/21       (H)       STA AT 10:00 AM GRUENBERG 120                                                                          
05/15/21       (H)       -- Testimony <Invitation Only> --                                                                      
05/17/21       (H)       STA AT 9:00 AM GRUENBERG 120                                                                           
05/17/21       (H)       -- MEETING CANCELED --                                                                                 
05/18/21       (H)       FIN AT 9:00 AM ADAMS 519                                                                               
05/18/21       (H)       <Bill Hearing Canceled>                                                                                
03/01/22       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/01/22       (H)       Heard & Held                                                                                           
03/01/22       (H)       MINUTE(STA)                                                                                            
03/03/22       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/03/22       (H)       Heard & Held                                                                                           
03/03/22       (H)       MINUTE(STA)                                                                                            
03/08/22       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB 291                                                                                                                  
SHORT TITLE: EXTENDING COUNCIL ON DOMESTIC VIOLENCE                                                                             
SPONSOR(s): REPRESENTATIVE(s) TARR                                                                                              
                                                                                                                                
01/27/22       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/27/22       (H)       STA, FIN                                                                                               
02/17/22       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
02/17/22       (H)       Heard & Held                                                                                           
02/17/22       (H)       MINUTE(STA)                                                                                            
02/22/22       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
02/22/22       (H)       Heard & Held                                                                                           
02/22/22       (H)       MINUTE(STA)                                                                                            
03/08/22       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
CORI MILLS, Deputy Attorney General                                                                                             
Office of the Attorney General                                                                                                  
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions during the hearing on SB
71.                                                                                                                             
                                                                                                                                
TIM LAMKIN, Staff                                                                                                               
Senator Gary Stevens                                                                                                            
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions during the hearing on SB
71, on behalf of Senator Stevens, prime sponsor.                                                                                
                                                                                                                                
JEFFREY SCHMITZ, Director                                                                                                       
Division of Motor Vehicles                                                                                                      
Department of Administration                                                                                                    
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions  during the hearing on SB
71.                                                                                                                             
                                                                                                                                
BENJAMIN BROWN, Chair                                                                                                           
Alaska State Council on the Arts                                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions  during the hearing on SB
71.                                                                                                                             
                                                                                                                                
DIANE CASTRO, Executive Director                                                                                                
Alaska Network on Domestic Violence and Sexual Assault                                                                          
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions  during the hearing on HB
291.                                                                                                                            
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:07:32 PM                                                                                                                    
                                                                                                                                
CHAIR  JONATHAN KREISS-TOMKINS  called  the  House State  Affairs                                                             
Standing   Committee    meeting   to    order   at    3:07   p.m.                                                               
Representatives  Vance,  Kaufman,  Eastman,  Story,  Claman,  and                                                               
Kreiss-Tomkins   were    present   at   the   call    to   order.                                                               
Representative Tarr arrived as the meeting was in progress.                                                                     
                                                                                                                                
         HB 387-MEMBERS LEG COUNCIL; LEG BUDGET & AUDIT                                                                     
                                                                                                                                
3:10:26 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  announced that the first  order of business                                                               
would be HOUSE  BILL NO. 387, "An Act relating  to the membership                                                               
of the  legislative council;  and relating  to the  membership of                                                               
the Legislative Budget and Audit Committee."                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS opened  public testimony; after ascertaining                                                               
that no  one wished to testify,  he closed public testimony.   He                                                               
announced that HB 387 was held over.                                                                                            
                                                                                                                                
          SB  71-COUNCIL ON ARTS: PLATES & MANAGE ART                                                                       
                                                                                                                                
3:11:41 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  announced that  the next order  of business                                                               
would be  CS FOR  SENATE BILL  NO. 71(FIN),  "An Act  relating to                                                               
special  request   registration  plates  celebrating   the  arts;                                                               
relating to artwork in public  buildings and facilities; relating                                                               
to  the management  of artwork  under  the art  in public  places                                                               
fund;  relating to  the powers  and  duties of  the Alaska  State                                                               
Council on  the Arts; establishing  the Alaska arts  and cultural                                                               
investment fund; and providing for an effective date."                                                                          
                                                                                                                                
3:12:50 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS invited questions from committee members.                                                                  
                                                                                                                                
3:13:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN expressed  concern  that  Section 5  would                                                               
give discretion to  the attorney general (AG) to  deny the Alaska                                                               
State  Council on  the Arts  (ASCA) new  counsel if  there was  a                                                               
conflict of interest.                                                                                                           
                                                                                                                                
3:14:15 PM                                                                                                                    
                                                                                                                                
CORI  MILLS,  Deputy Attorney  General,  Office  of the  Attorney                                                               
General, Department  of Law, assured  the committee  that dealing                                                               
with conflicts of  interest was nothing new to the  Office of the                                                               
Attorney General,  adding that  the main manual  had a  policy on                                                               
it,  titled the  Rules of  Professional Conduct.   She  explained                                                               
that under AS  44.23.020, the AG was to provide  legal advice and                                                               
representation  for  all  state   agencies  unless  there  was  a                                                               
carveout.  Even without the language  in Section 5, she said, the                                                               
AG would be  the legal representative for the  council, which was                                                               
true for all state agencies.   She concluded that the language in                                                               
Section 5 was "outside the norm" but acceptable, nonetheless.                                                                   
                                                                                                                                
REPRESENTATIVE CLAMAN sought to confirm  that that the AG was not                                                               
thought  of as  a single  law  firm, consistent  with the  ethics                                                               
exception, as described by Ms. Mills.                                                                                           
                                                                                                                                
MS. MILLS believed that was an accurate statement.                                                                              
                                                                                                                                
REPRESENTATIVE CLAMAN  asked whether  the Office of  the Attorney                                                               
General  would follow  the language  in Section  5 or  the ethics                                                               
rules when determining whether ASCA should seek outside counsel.                                                                
                                                                                                                                
MS. MILLS  said the statute  would weigh into it;  however, there                                                               
was already an  existing process by which the  AG evaluated these                                                               
types of  issues.  She  reiterated that the existing  process was                                                               
an  internal  policy that  reflected  the  Rules of  Professional                                                               
Conduct, as well as consultation with client agencies.                                                                          
                                                                                                                                
REPRESENTATIVE CLAMAN  asked whether  the statutory  language [in                                                               
Section 5]  would change the  normal process for  identifying and                                                               
addressing a conflict of interest.                                                                                              
                                                                                                                                
MS.  MILLS  said  the  AG's  office  would  follow  the  existing                                                               
process,  adding that  the language  in  Section 5  would not  be                                                               
viewed as being contrary to that.                                                                                               
                                                                                                                                
REPRESENTATIVE  CLAMAN   considered  a  scenario  in   which  the                                                               
governor   intended  to   line-item  veto   ASCA's  funding   and                                                               
subsequently,  the council  wanted  to seek  legal  counsel.   He                                                               
asked whether  there would ever  be a  situation in which  the AG                                                               
would choose  to keep the state  entity as a client  and instruct                                                               
the governor to seek outside council.                                                                                           
                                                                                                                                
MS.  MILLS said  she  had  never seen  that  situation occur  and                                                               
declined to  speculate on  the potential of  it occurring  in the                                                               
future.                                                                                                                         
                                                                                                                                
REPRESENTATIVE CLAMAN  indicated that  he had asked  the question                                                               
to  emphasize that  "when push  comes  to shove"  in a  conflicts                                                               
analysis, the governor would always be the AG's client.                                                                         
                                                                                                                                
3:21:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  inquired about the legal  implications of                                                               
Section 5 and how the language would impact DOL.                                                                                
                                                                                                                                
MS. MILLS replied  that it wouldn't have a strong  impact on DOL,                                                               
as there is  already an existing process for  ethics screening in                                                               
place.   She noted that  even if council had  a quasi-independent                                                               
existence, it  was still part of  the state and acting  on behalf                                                               
of the  public.  She reiterated  that the language in  Section 5,                                                               
subsection  (b),  was  "out  of  the  norm"  in  terms  of  other                                                               
statutes; nonetheless, it would not impact the AG's operation.                                                                  
                                                                                                                                
CHAIR KREISS-TOMKINS asked whether  language in other sections of                                                               
statute was "boilerplate" in regard to the bill's intent.                                                                       
                                                                                                                                
MS.  MILLS  highlighted language  in  AS  44.23.020 that  broadly                                                               
stated   that   the   AG    represented   all   state   agencies.                                                               
Additionally, regarding  public corporations, she  said statutory                                                               
language typically indicated  that the AG was  the legal counsel.                                                               
She  suggested that  the  second section  of  subsection (b)  was                                                               
generally   worded   differently   while   subsection   (a)   was                                                               
"boilerplate."                                                                                                                  
                                                                                                                                
CHAIR KREISS-TOMKINS  asked whether  Ms. Mills  was aware  of any                                                               
non-public corporation instances of this language.                                                                              
                                                                                                                                
MS.  MILLS answered  the  Commercial  Fisheries Entry  Commission                                                               
(CFEC)  and potentially  some commissions  that  were not  public                                                               
corporations.   She understood that  the AG's  office represented                                                               
essentially  all  boards,  commissions, and  public  corporations                                                               
except for the Alaska Railroad.                                                                                                 
                                                                                                                                
3:25:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN   inquired  about  the   Alaska  Railroad                                                               
exception.                                                                                                                      
                                                                                                                                
MS. MILLS  said the  Alaska Railroad had  its own  legal counsel.                                                               
She noted  that she did not  promote that language, as  she found                                                               
that  consistency from  DOL ensured  consistency of  legal advice                                                               
and opinion  and cut  down on inter-agency  dispute.   She opined                                                               
that having  the advice  come from  the AG -  unless there  was a                                                               
conflict - was better for state government.                                                                                     
                                                                                                                                
3:26:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN  inquired about  the Rules  of Professional                                                               
Conduct that Ms. Mills had referenced.                                                                                          
                                                                                                                                
MS.  MILLS said  at the  beginning of  the Rules  of Professional                                                               
Conduct, there was a section that addressed the scope.                                                                          
                                                                                                                                
REPRESENTATIVE  CLAMAN asked  whether she  was referring  to rule                                                               
1.2 Scope  of Representation and Allocation  of Authority Between                                                               
Client and Lawyer.                                                                                                              
                                                                                                                                
MS. MILLS clarified that it was  before that in the discussion of                                                               
the scope of the rules themselves.                                                                                              
                                                                                                                                
3:28:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  moved to adopt Amendment  1, [labeled 32-                                                               
LS0310\W.1, Radford, 3/4/22], which read:                                                                                       
                                                                                                                                
     Page 2, line 7:                                                                                                            
          Delete "only on the first issuance and the"                                                                       
          Insert "on issuance and"                                                                                          
                                                                                                                                
REPRESENTATIVE CLAMAN objected for the purpose of discussion.                                                                   
                                                                                                                                
3:28:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  explained that Amendment 1  would replace                                                               
"only on  the first issuance and  the" with "on issuance  and" to                                                               
remove  any indication  that there  would be  a second  issuance,                                                               
third issuance, etcetera.                                                                                                       
                                                                                                                                
3:29:48 PM                                                                                                                    
                                                                                                                                
TIM LAMKIN,  Staff, Senator  Gary Stevens,  on behalf  of Senator                                                               
Stevens,  prime  sponsor  of  SB 71,  opined  that  the  proposed                                                               
language  would  make  no  difference.     He  believed  that  if                                                               
Amendment  1   were  adopted,  the   bill  would   likely  secure                                                               
concurrence in the Senate.                                                                                                      
                                                                                                                                
CHAIR  KREISS-TOMKINS  inquired  about  the  material  effect  of                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
3:30:55 PM                                                                                                                    
                                                                                                                                
JEFFREY   SCHMITZ,   Director,   Division  of   Motor   Vehicles,                                                               
Department  of Administration,  expressed his  concern about  the                                                               
word "and"  [after "issuance"]  in the  proposed language,  as it                                                               
would suggest that the DMV  would be collecting an additional fee                                                               
for replacement plates.                                                                                                         
                                                                                                                                
REPRESENTATIVE  EASTMAN pointed  out that  the "and"  in question                                                               
already existed in the current bill language.                                                                                   
                                                                                                                                
MR.  SCHMITZ  maintained  his  concern   about  the  word  "and".                                                               
Nonetheless,  he  said  the  DMV  would  follow  the  legislative                                                               
intent, which  he believed was to  collect the fee one  time upon                                                               
first issuance.                                                                                                                 
                                                                                                                                
3:33:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN disagreed with  Mr. Schmitz's analysis.  He                                                               
opined that the intent of the  bill and the intent of Amendment 1                                                               
were aligned, which  was for a fee to be  collected one time upon                                                               
first issuance  of a license plate.   He argued that  Amendment 1                                                               
wasn't  necessary,  as  the  existing  bill  language  adequately                                                               
captured the intent.                                                                                                            
                                                                                                                                
CHAIR KREISS-TOMKINS agreed.                                                                                                    
                                                                                                                                
3:35:07 PM                                                                                                                    
                                                                                                                                
MR. SCHMITZ  clarified that the  fee in question was  specific to                                                               
the Alaska  State Council  on the Arts  (ASCA).   He acknowledged                                                               
that  a replacement  fee of  $5 was  charged for  all replacement                                                               
plates;  however,  he reiterated  that  the  replacement fee  was                                                               
separate from the fee [collected on first issuance.]                                                                            
                                                                                                                                
3:35:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN   considered  a  scenario  in   which  an                                                               
individual  wanted  to  buy  3  commemorative  plates  for  three                                                               
different  vehicles.   He asked  how the  current language  would                                                               
impact that situation.                                                                                                          
                                                                                                                                
MR. SCHMITZ  stated that  the individual would  pay the  ASCA fee                                                               
for each vehicle.                                                                                                               
                                                                                                                                
REPRESENTATIVE CLAMAN  shared his  understanding that  Section 1,                                                               
paragraph (3), was  only referring to the ASCA fee  of up to $50.                                                               
He  suggested that  "additional" should  be inserted  on page  2,                                                               
line 6,  thereby reading "the  additional fee shall  be collected                                                               
only on the first issuance".                                                                                                    
                                                                                                                                
3:37:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN  moved Conceptual Amendment 1  to Amendment                                                               
1,  which would  delete  all the  language on  lines  2-3 of  the                                                               
proposed amendment  and insert "additional" before  "fee" on page                                                               
2, line 6 of  SB 71, and delete "and the  replacement" on page 2,                                                               
line  7, so  the bill  would read  "the additional  fee shall  be                                                               
collected  only on  the  first issuance  of  the special  request                                                               
plates;".                                                                                                                       
                                                                                                                                
REPRESENTATIVE EASTMAN was supportive of Conceptual Amendment 1.                                                                
                                                                                                                                
CHAIR KREISS-TOMKINS objected for the purpose of discussion.                                                                    
                                                                                                                                
3:38:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAUFMAN  inquired  about  the  interpretation  of                                                               
paragraph (3) when the fiscal note was being drafted.                                                                           
                                                                                                                                
MR. LAMKIN  declined to speak to  the drafting of a  fiscal note;                                                               
nonetheless, he understood that the intent  was for the fee to be                                                               
paid once and only once.                                                                                                        
                                                                                                                                
REPRESENTATIVE  EASTMAN  shared  his  understanding  that  if  an                                                               
individual  had  purchased  the special  plate,  which  was  then                                                               
stolen,  the individual  could return  to  the DMV  and obtain  a                                                               
replacement plate for $5.                                                                                                       
                                                                                                                                
CHAIR  KREISS-TOMKINS  concurred  with  Representative  Eastman's                                                               
analysis.  He removed his  objection to Conceptual Amendment 1 to                                                               
Amendment  1.    There  being no  further  objection,  Conceptual                                                               
Amendment 1 to Amendment 1 was adopted.                                                                                         
                                                                                                                                
REPRESENTATIVE CLAMAN  removed his  objection to Amendment  1, as                                                               
conceptually  amended.     There  being  no   further  objection,                                                               
Amendment 1 was adopted.                                                                                                        
                                                                                                                                
3:41:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN moved  to adopt  [Amendment 2],  [labeled                                                               
32-LS0310\W.2, Radford, 3/4/22], which read:                                                                                    
                                                                                                                                
     Page 1, lines 1 - 2:                                                                                                       
          Delete "relating to artwork in public buildings                                                                     
     and facilities;"                                                                                                         
                                                                                                                                
     Page 2, lines 14 - 17:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 3, lines 8 - 10:                                                                                                      
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following paragraph accordingly.                                                                              
                                                                                                                                
CHAIR KREISS-TOMKINS objected for the purpose of discussion.                                                                    
                                                                                                                                
3:41:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN explained  that  Amendment  2 included  a                                                               
title change,  as well as  the deletion of Section  2, subsection                                                               
(h), and  Section 4, paragraph  (7).  He  said the intent  was to                                                               
maintain  "the status  quo" in  terms of  ASCA's responsibilities                                                               
regarding the relocation, disposition, and exchange of art.                                                                     
                                                                                                                                
3:42:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STORY   asked  for  the  rationale   behind  this                                                               
proposal.                                                                                                                       
                                                                                                                                
REPRESENTATIVE EASTMAN  opined that the council's  expanded scope                                                               
of practice [Section 4, paragraph (7)] was unnecessary.                                                                         
                                                                                                                                
REPRESENTATIVE  TARR  stated  her   opposition  to  the  proposed                                                               
amendment, explaining that the  responsibilities in question were                                                               
in response to the chaotic situation  in 2019.  She believed that                                                               
ASCA was well-suited to carry  out the responsibility of managing                                                               
works of art in different facilities.                                                                                           
                                                                                                                                
3:44:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE asked why ASCA  was given the responsibility                                                               
of managing works of art.                                                                                                       
                                                                                                                                
3:45:42 PM                                                                                                                    
                                                                                                                                
MR.  LAMKIN  opined  that  Amendment 2  would  gut  an  important                                                               
component  of the  bill,  which  was to  codify  a mechanism  for                                                               
managing artwork.   He  explained that  ASCA was  responsible for                                                               
acquisitioning art  and shepherding it into  public buildings and                                                               
new  facilities.   Further, in  unforeseen events,  he emphasized                                                               
the importance of clarifying a  purview for the management of the                                                               
artwork itself  at the  end of  a building's  life.   He conveyed                                                               
that  the  bill  sponsor  was  not  supportive  of  the  proposed                                                               
amendment.                                                                                                                      
                                                                                                                                
REPRESENTATIVE VANCE  asked who  was responsible for  the artwork                                                               
in 2019.                                                                                                                        
                                                                                                                                
MR. LAMKIN answered the Alaska Contemporary Art Bank.                                                                           
                                                                                                                                
REPRESENTATIVE VANCE asked whether the art was in limbo in 2019.                                                                
                                                                                                                                
3:48:24 PM                                                                                                                    
                                                                                                                                
BENJAMIN  BROWN,  Chair,  Alaska   State  Council  on  the  Arts,                                                               
explained  the purpose  of the  Alaska Contemporary  Art Bank  in                                                               
further detail.   He  explained that  currently, ASCA  lacked the                                                               
ability to  decide what to do  with art from the  Percent for Art                                                               
Program when a  building was at the  end of its useful  life.  He                                                               
indicated  that  SB  71  would   grant  ASCA  that  ability,  but                                                               
Amendment 2 would remove it.                                                                                                    
                                                                                                                                
3:51:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAUFMAN  inquired about  the value [of  art] being                                                               
protected.                                                                                                                      
                                                                                                                                
MR.  BROWN shared  his  understanding that  the  Percent for  Art                                                               
program  investment  was  "hundreds  of  thousands  of  dollars;"                                                               
Additionally, he estimated that  the Alaska Contemporary Art Bank                                                               
investment was  just as much.   He pointed out that  as the state                                                               
was  self-insured, the  council  had never  been  called upon  to                                                               
provide that evaluation.                                                                                                        
                                                                                                                                
3:53:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN withdrew Amendment 2.                                                                                    
                                                                                                                                
3:53:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  moved to adopt Amendment  3, [labeled 32-                                                               
LS0310\W.3, Radford, 3/4/22], which read:                                                                                       
                                                                                                                                
     Page 2, line 16, following "chapter":                                                                                      
          Insert "that are located in a building or                                                                             
     facility scheduled for demolition"                                                                                         
                                                                                                                                
     Page 3, line 9, following "AS 35.27":                                                                                  
          Insert "that are located in a building or                                                                         
     facility scheduled for demolition"                                                                                     
                                                                                                                                
REPRESENTATIVE CLAMAN objected.                                                                                                 
                                                                                                                                
3:53:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  suggested that  Amendment 3  was intended                                                               
to  narrow  ASCA's  scope  of  practice  to  artwork  located  in                                                               
buildings or facilities that were scheduled for demolition.                                                                     
                                                                                                                                
MR. BROWN expressed his opposition  to Amendment 3 and maintained                                                               
his support for the current bill language.                                                                                      
                                                                                                                                
MR. LAMKIN relayed  the bill sponsor's objection  to the proposed                                                               
amendment.  He  shared his belief that it would  overly limit the                                                               
the scope of the council  and negatively impact partnerships with                                                               
other state agencies.                                                                                                           
                                                                                                                                
3:58:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN inquired about the bill sponsor's intent.                                                                
                                                                                                                                
MR. LAMKIN  said the  intent was  to designate  the council  as a                                                               
resource and  partner to all  state agencies and  facilities that                                                               
house percent for art pieces.                                                                                                   
                                                                                                                                
3:59:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  agreed with  that sentiment;  however, he                                                               
opined  that   "shall  manage"  had  broader   implications  than                                                               
providing advice.                                                                                                               
                                                                                                                                
MR.  LAMKIN  contended  that  the  language  "shall  manage"  was                                                               
accurate, as in practice, the  council worked in partnership with                                                               
agencies and facilities to manage  the artwork commissioned under                                                               
the Percent for Art Program.                                                                                                    
                                                                                                                                
3:59:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN maintained his objection.                                                                                 
                                                                                                                                
3:59:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN withdrew Amendment 3.                                                                                    
                                                                                                                                
3:59:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  moved to adopt Amendment  4, [labeled 32-                                                               
LS0310\W.4, Radford, 3/4/22], which read:                                                                                       
                                                                                                                                
     Page 3, lines 13 - 14:                                                                                                     
          Delete "The attorney general is the legal counsel                                                                     
     for the council."                                                                                                          
                                                                                                                                
     Page 3, line 14:                                                                                                           
          Delete "shall"                                                                                                        
          Insert "may"                                                                                                          
                                                                                                                                
     Page 3, line 17:                                                                                                           
          Delete "and with"                                                                                                     
          Insert ", without"                                                                                                    
                                                                                                                                
     Page 3, lines 18 - 19:                                                                                                     
          Delete "The attorney general may not unreasonably                                                                     
     withhold approval."                                                                                                        
                                                                                                                                
REPRESENTATIVE CLAMAN objected.                                                                                                 
                                                                                                                                
4:00:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  explained that  Amendment 4  would remove                                                               
the  designation  of  the  AG  as the  legal  counsel  for  ASCA.                                                               
Further,  it would  replace "shall"  with "may",  such that  "the                                                               
attorney  general  may  advise the  council  on  legal  matters."                                                               
Additionally, the  proposed amendment  would change  the language                                                               
in  Section 5,  subsection (b)  to read  "The council  may employ                                                               
temporary legal  counsel for good  cause without the  approval of                                                               
the attorney general."                                                                                                          
                                                                                                                                
CHAIR KREISS-TOMKINS asked Ms. Mills to comment on Amendment 4.                                                                 
                                                                                                                                
4:01:42 PM                                                                                                                    
                                                                                                                                
MS.  MILLS said  much  of Amendment  4 would  be  a policy  call.                                                               
Nonetheless, she  opined that keeping  Section 5,  subsection (a)                                                               
in  its current  form  would remain  in-line  with the  statutory                                                               
language for  other commissions and corporations.   Regarding the                                                               
"may" versus  "shall", she suggested that  replacing "shall" with                                                               
"may" would be unclear.                                                                                                         
                                                                                                                                
MR. BROWN believed  that the bill should remain  unamended in its                                                               
current form.                                                                                                                   
                                                                                                                                
4:03:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN  expressed his  opposition to  Amendment 4,                                                               
as  it would  give the  council the  ability to  acquire its  own                                                               
legal counsel without approval from the AG.                                                                                     
                                                                                                                                
4:04:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE  directed attention to Section  5, lines 18-                                                               
19,  and   asked  who  would   determine  whether   approval  was                                                               
unreasonably withheld.                                                                                                          
                                                                                                                                
MS.  MILLS shared  her  understanding that  it  would be  decided                                                               
between the AG and the council.                                                                                                 
                                                                                                                                
REPRESENTATIVE VANCE inquired about  legal impact of removing the                                                               
language  "The attorney  general  may  not unreasonably  withhold                                                               
approval."                                                                                                                      
                                                                                                                                
MS. MILLS understood  the language to suggest that  the AG should                                                               
act with good cause and account for the council's wishes.                                                                       
                                                                                                                                
REPRESENTATIVE VANCE concluded that  the language in question was                                                               
intent language.                                                                                                                
                                                                                                                                
4:07:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN opined  that  ultimately,  the arbiter  of                                                               
whether approval  was unreasonably withheld would  be the courts.                                                               
He pointed out that the  language in question was common contract                                                               
language,  which  was  often  utilized  in  commercial  contracts                                                               
between two parties with an ongoing relationship.                                                                               
                                                                                                                                
REPRESENTATIVE  EASTMAN   asked  Representative   Claman  whether                                                               
Section 5, subsection (b) was necessary.                                                                                        
                                                                                                                                
REPRESENTATIVE CLAMAN  believed that  ASCA should be  required to                                                               
request approval  from the AG's  office to seek  outside counsel,                                                               
as utilizing  outside counsel  would cost  the state  more money.                                                               
He  believed  that the  AG  would  provide more  effective  legal                                                               
counsel and save the state money in the long run.                                                                               
                                                                                                                                
4:12:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN withdrew Amendment 4.                                                                                    
                                                                                                                                
4:12:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  moved to adopt Amendment  5, [labeled 32-                                                               
LS0310\W.5, Radford, 3/4/22], which read:                                                                                       
                                                                                                                                
     Page 1, line 4, following "Arts;":                                                                                       
          Insert "and"                                                                                                        
                                                                                                                                
     Page 1, lines 4 - 5:                                                                                                       
         Delete "; and providing for an effective date"                                                                       
                                                                                                                                
     Page 4, line 12:                                                                                                           
          Delete all material.                                                                                                  
                                                                                                                                
CHAIR KREISS-TOMKINS objected.                                                                                                  
                                                                                                                                
4:12:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  explained that  Amendment 5  would change                                                               
the effective date.                                                                                                             
                                                                                                                                
CHAIR KREISS-TOMKINS asked the bill  sponsor which effective date                                                               
he would prefer.                                                                                                                
                                                                                                                                
MR. LAMKIN  suggested July 1,  2022, adding that the  sponsor was                                                               
not supportive of Amendment 5.                                                                                                  
                                                                                                                                
4:14:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR asked whether  [the effective date] needed to                                                               
be retroactive.                                                                                                                 
                                                                                                                                
MR.  LAMKIN  said the  bill  sponsor  did  not intend  to  pursue                                                               
retroactivity.                                                                                                                  
                                                                                                                                
4:15:11 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
4:15:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN withdrew Amendment 5.                                                                                    
                                                                                                                                
4:15:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  moved to adopt Amendment  6, [labeled 32-                                                               
LS0310\W.6, Radford, 3/4/22], which read:                                                                                       
                                                                                                                                
       Page 2, line 16, following the first occurrence of                                                                       
     "of":                                                                                                                      
          Insert "portable"                                                                                                     
                                                                                                                                
       Page 3, line 9, following the first occurrence of                                                                        
     "of":                                                                                                                  
          Insert "portable"                                                                                                 
                                                                                                                                
CHAIR KREISS-TOMKINS objected.                                                                                                  
                                                                                                                                
4:15:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN explained  that Amendment  6 would  limit                                                               
ASCA's scope of practice to "portable" works of art.                                                                            
                                                                                                                                
MR. BROWN reiterated  that the existing language  was intended to                                                               
give  the  council  the  ability to  address  a  statutory  void,                                                               
thereby allowing ASCA  to shepherd the creation  of artwork under                                                               
the  Percent for  Art Program.   He  expressed his  opposition to                                                               
Amendment 6.                                                                                                                    
                                                                                                                                
4:19:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAUFMAN asked how "portable" would be defined.                                                                   
                                                                                                                                
REPRESENTATIVE  EASTMAN  replied that  any  art  from the  Alaska                                                               
Contemporary Art Bank would suffice.                                                                                            
                                                                                                                                
CHAIR KREISS-TOMKINS maintained his objection.                                                                                  
                                                                                                                                
4:19:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN maintained  his belief  that SB  71 would                                                               
give  ASCA too  much authority  in  regard to  the management  of                                                               
artwork in facilities and state agencies.                                                                                       
                                                                                                                                
4:20:12 PM                                                                                                                    
                                                                                                                                
A roll  call vote  was taken.   Representatives Eastman  voted in                                                               
favor  of the  adoption of  Amendment 6.   Representatives  Tarr,                                                               
Story, Claman,  Vance, Kaufman, and Kreiss-Tomkins  voted against                                                               
it.  Therefore, Amendment 6 failed by a vote of 1-6.                                                                            
                                                                                                                                
4:20:55 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  moved to adopt [Conceptual  Amendment 1] to                                                               
SB  71, such  that  "2021"  would be  deleted  and replaced  with                                                               
"2022"  on  page   4,  line  12.    There   being  no  objection,                                                               
[Conceptual Amendment 1 to SB 71]  was adopted.  He invited final                                                               
comments on the bill, as amended.                                                                                               
                                                                                                                                
4:21:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STORY expressed her appreciation for the bill.                                                                   
                                                                                                                                
REPRESENTATIVE  VANCE expressed  her  concern  about creating  an                                                               
additional  "sub-fund" of  the general  fund (GF).   Nonetheless,                                                               
she expressed her overall support for the bill.                                                                                 
                                                                                                                                
REPRESENTATIVE CLAMAN expressed his support for the bill.                                                                       
                                                                                                                                
4:24:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN  moved to report  CSSB 71, as  amended, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying fiscal  notes.  There  being no objection,  HCS CSSB
71(STA)  was   moved  from  the  House   State  Affairs  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
         HB 291-EXTENDING COUNCIL ON DOMESTIC VIOLENCE                                                                      
                                                                                                                                
4:25:04 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  announced that the final  order of business                                                               
would be  HOUSE BILL NO.  291, "An Act extending  the termination                                                               
date of the Council on  Domestic Violence and Sexual Assault; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
4:25:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR,  prime  sponsor  of  HB  291,  provided  an                                                               
explanation  of  changes [hard  copy  included  in the  committee                                                               
packet]  in the  proposed committee  substitute (CS),  Version G,                                                               
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     Following feedback from our  partners, we have included                                                                    
     several changes to HB 291:                                                                                                 
                                                                                                                                
        Section  1:  This  section amends  AS  18.66.020  to                                                                  
     expand  the   public  membership  of  the   Council  on                                                                    
     Domestic  Violence   and  Sexual  Assault   (CDVSA)  to                                                                    
     include   a  representative   from  an   Alaska  Native                                                                    
     Organization.   This  section   also  allows   for  the                                                                    
     governor  to  consult   specifically  with  the  Alaska                                                                    
     Native Womens   Resource Center during  the appointment                                                                    
     process.  The  Alaska  Native Womens   Resource  Center                                                                    
     (AKNWRC) and  the Alaska  Network on  Domestic Violence                                                                    
     and Sexual Assault (ANDVSA) also  will submit a list of                                                                    
     recommended appointees to the governor.                                                                                    
                                                                                                                                
     o This section also creates  a new subsection (7) under                                                                    
     AS 18.66.020(a)  to include another  new member  to the                                                                    
     CDVSA,  the  CEO  of the  Alaska  Mental  Health  Trust                                                                    
     Authority (or their designee).  This ensures that there                                                                    
     is  a  balance  between  the  governmental  and  public                                                                    
     members of this council.                                                                                                   
                                                                                                                                
        Section 2:  This section  amends AS  18.66.020(d) in                                                                  
     order   to  add   a  definition   for   Alaska   Native                                                                    
     organization,which    is based  on federal  statute (43                                                                    
     USC  1601 et  seq  and  25 USC  5304).  There are  also                                                                    
     numbering   changes   to    reflect   the   newly-added                                                                    
     definition.                                                                                                                
                                                                                                                                
       Section 3: This section extends the length of the                                                                      
     CDVSA to June 30, 2028.                                                                                                    
                                                                                                                                
       Section 4: This section states that this Act takes                                                                     
     effect immediately.                                                                                                        
                                                                                                                                
4:30:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE asked,  "How can we fill  this specific need                                                               
in a way that does not  specifically identify a race or ethnicity                                                               
in  this policy?"    She said  she understood  the  need to  have                                                               
Alaska  Native representation  on the  council; nonetheless,  she                                                               
believed that the proposed language was problematic.                                                                            
                                                                                                                                
4:31:36 PM                                                                                                                    
                                                                                                                                
DIANE  CASTRO, Executive  Director,  Alaska  Network on  Domestic                                                               
Violence   and   Sexual   Assault,   sought   to   confirm   that                                                               
Representative Vance  was suggesting to replace  the term "Alaska                                                               
Native" with a broader term.                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE  requested  insight into  the  deliberation                                                               
process for choosing the term "Alaska  Native."  She said she was                                                               
struggling with the  idea of prescribing a specific  race for the                                                               
eligibility criteria.                                                                                                           
                                                                                                                                
4:33:12 PM                                                                                                                    
                                                                                                                                
MS.  CASTRO  reported that  Alaska  Native  women experience  the                                                               
highest  rates of  domestic violence  in  Alaska; therefore,  she                                                               
believed it was unequitable to  create a council to address these                                                               
issues  with  white urban  people.    She acknowledged  that  the                                                               
intent  of  the original  language,  which  designated a  "rural"                                                               
position,  was meant  to  capture  Alaska Native  representation;                                                               
however,  the position  was currently  filled  with someone  from                                                               
Kenai, which  didn't meet that  intent.  She opined  that working                                                               
with Alaska  Native partners  was critical  to ensure  that their                                                               
voices were being heard.                                                                                                        
                                                                                                                                
4:36:33 PM                                                                                                                    
                                                                                                                                
MS.   CASTRO,  in   response  to   a   follow-up  question   from                                                               
Representative  Vance,  opined  that specifically  designating  a                                                               
position  for  Alaska  Native representation  would  show  Alaska                                                               
Native  women that  their voices  were important.   Additionally,                                                               
she  opined  that  without  specifying  "Alaska  Native"  in  the                                                               
appointment requirements,  Alaska Native representation  would be                                                               
left to chance.                                                                                                                 
                                                                                                                                
4:39:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  recalled that Ms. Castro  had stated that                                                               
the rural  position was being filled  by someone from Kenai.   He                                                               
asked why the statute wasn't being followed in that regard.                                                                     
                                                                                                                                
MS. CASTRO believed it was an oversight                                                                                         
                                                                                                                                
REPRESENTATIVE EASTMAN  directed attention  to page 1,  lines 7-8                                                               
of the proposed  CS, Version G, which identified that  one of the                                                               
public members  shall be from a  rural area, and another  of whom                                                               
shall be  an Alaska Native  representative.  He pointed  out that                                                               
one person could fill both requirements.                                                                                        
                                                                                                                                
MS.  CASTRO   said  ideally,  the   board  would   have  regional                                                               
representation.                                                                                                                 
                                                                                                                                
REPRESENTATIVE EASTMAN  concluded that  the intent was  to secure                                                               
representation   from  both   rural  and   urban  Alaska   Native                                                               
organizations.  He asked if that was correct.                                                                                   
                                                                                                                                
MS. CASTRO said not necessarily.                                                                                                
                                                                                                                                
REPRESENTATIVE EASTMAN  inquired about the definition  of "Alaska                                                               
Native organization"  and asked whether  a person of  a different                                                               
ethnicity could qualify as the Alaska Native representative.                                                                    
                                                                                                                                
MS.  CASTRO  explained  that   tribal  organizations  hired  many                                                               
different races,  so technically, the Alaska  Native member could                                                               
be someone that may not be  Alaska Native.  Nonetheless, she said                                                               
the intent was to fill that seat with an Alaska Native person.                                                                  
                                                                                                                                
4:44:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN  moved  to adopt  the  proposed  committee                                                               
substitute  (CS)  for  HB   291,  labeled  32-LS1425\B,  Radford,                                                               
2/16/22, Version G, as the working document.                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN objected.                                                                                                
                                                                                                                                
4:45:03 PM                                                                                                                    
                                                                                                                                
A  roll  call  vote  was taken.    Representatives  Tarr,  Story,                                                               
Claman,  and  Kreiss-Tomkins  voted  in  favor  of  adopting  the                                                               
proposed CS  for HB 291.   Representatives Eastman,  Kaufman, and                                                               
Vance voted against it.  Therefore,  Version G was adopted as the                                                               
working document by a vote of 4-3.                                                                                              
                                                                                                                                
4:45:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE clarified that she  was in support of having                                                               
Alaska  Native  representation  on   the  council;  however,  she                                                               
maintained  her concern  about prescribing  a  position based  on                                                               
race.                                                                                                                           
                                                                                                                                
4:48:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN  directed attention  to  page  1, line  9,                                                               
which  provided that  the governor  may consult  with the  Alaska                                                               
Network on Domestic Violence and  Sexual Assault (ANDVSA) and the                                                               
Alaska Native  Women's Resource Center  (ANWRC), as well  as page                                                               
1, lines  12-13, which provided  that the ANDVSA and  ANWRC shall                                                               
submit a list  to the governor of recommendations.   He suggested                                                               
changing  the  "may"  on  line  9  to  "shall",  because  if  the                                                               
organizations were required to submit  a list of recommendations,                                                               
the governor should be required to consult with them, he opined.                                                                
                                                                                                                                
4:49:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR explained  that the "shall" on  line 13 would                                                               
create the  responsibility for the organizations  to submit names                                                               
for  recommendation, whereas  the "may"  in question  would allow                                                               
the  governor  to hold  a  consulting  roll whilst  still  making                                                               
his/her own decision on the appointments.                                                                                       
                                                                                                                                
MS. CASTRO agreed.                                                                                                              
                                                                                                                                
4:51:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAUFMAN asked how  the selection process accounted                                                               
for competency, as opposed to being solely based on geography.                                                                  
                                                                                                                                
REPRESENTATIVE   TARR  noted   that  the   topic  came   up  when                                                               
determining  the  prescriptiveness of  the  bill  language.   She                                                               
acknowledged that there was not  specific language that addressed                                                               
the board members' competency or experience.                                                                                    
                                                                                                                                
4:54:32 PM                                                                                                                    
                                                                                                                                
CHAIR  KREISS-TOMKINS  opined that  in  this  case, the  members'                                                               
competency was  dependent on the  governor and  the legislature's                                                               
ability to identify competent people.                                                                                           
                                                                                                                                
REPRESENTATIVE KAUFMAN  emphasized the importance  of considering                                                               
ideal skillsets.                                                                                                                
                                                                                                                                
4:56:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN inquired about  the addition of the Alaska                                                               
Mental  Health Trust  Authority's CEO  and asked  whether it  was                                                               
included by request.                                                                                                            
                                                                                                                                
MS. CASTRO answered  no.  She pointed out  that the beneficiaries                                                               
of the  Alaska Mental  Health Trust  Authority (AMHTA)  were also                                                               
many of the same people that ANDVSA worked with.                                                                                
                                                                                                                                
CHAIR   KREISS-TOMKINS  asked   whether   AMHTA  supported   this                                                               
language.                                                                                                                       
                                                                                                                                
MS.  CASTRO  shared her  understanding  that  AMHTA Health  Trust                                                               
Authority was supportive.                                                                                                       
                                                                                                                                
REPRESENTATIVE   EASTMAN  requested   documents  that   confirmed                                                               
AMHTA's support.                                                                                                                
                                                                                                                                
5:00:25 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS announced that HB 291 was held over.                                                                       
                                                                                                                                
5:00:57 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
State Affairs  Standing Committee  meeting was adjourned  at 5:00                                                               
p.m.