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.