Legislature(2021 - 2022)GRUENBERG 120
03/24/2022 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s):|| State Commission for Human Rights|| Board of Parole|| State Personnel Board|| Public Offices Commission | |
| HB31 | |
| HB124 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 31 | TELECONFERENCED | |
| += | HB 124 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
March 24, 2022
3:03 p.m.
MEMBERS PRESENT
Representative Jonathan Kreiss-Tomkins, Chair (via
teleconference)
Representative Matt Claman, Vice Chair
Representative Geran Tarr (via teleconference)
Representative Sarah Vance
Representative James Kaufman
Representative David Eastman
MEMBERS ABSENT
Representative Andi Story
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
State Commission for Human Rights
Zackary Gottshall Anchorage
Jessie Ruffridge Soldotna
- CONFIRMATION(S) ADVANCED
Board of Parole
Jason Wilson - Juneau
- CONFIRMATION(S) ADVANCED
Alaska Public Offices Commission
Lanette Blodgett
- CONFIRMATION(S) ADVANCED
State Personnel Board
Keith Hamilton Soldotna
- CONFIRMATION(S) ADVANCED
HOUSE BILL NO. 31
"An Act relating to daylight saving time; and providing for an
effective date."
- HEARD & HELD
HOUSE BILL NO. 124
"An Act relating to filling a vacancy in the legislature by
appointment."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 31
SHORT TITLE: OBSERVE DAYLIGHT SAVING TIME ALL YEAR
SPONSOR(s): REPRESENTATIVE(s) ORTIZ
02/18/21 (H) PREFILE RELEASED 1/8/21
02/18/21 (H) READ THE FIRST TIME - REFERRALS
02/18/21 (H) STA, FIN
05/18/21 (H) STA AT 3:00 PM GRUENBERG 120
05/18/21 (H) Heard & Held
05/18/21 (H) MINUTE(STA)
03/24/22 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 124
SHORT TITLE: FILLING VACANCY IN LEGISLATURE
SPONSOR(s): REPRESENTATIVE(s) CARPENTER
03/03/21 (H) READ THE FIRST TIME - REFERRALS
03/03/21 (H) STA, JUD
04/24/21 (H) STA AT 3:00 PM GRUENBERG 120
04/24/21 (H) <Bill Hearing Canceled>
05/04/21 (H) STA AT 3:00 PM GRUENBERG 120
05/04/21 (H) Heard & Held
05/04/21 (H) MINUTE(STA)
03/24/22 (H) STA AT 3:00 PM GRUENBERG 120
WITNESS REGISTER
ZACKARY GOTTSHALL, Appointee
State Commission for Human Rights
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the State
Commission for Human Rights.
JESSIE RUFFRIDGE, Appointee
State Commission for Human Rights
Soldotna, Alaska
POSITION STATEMENT: Testified as appointee to the State
Commission for Human Rights.
JASON WILSON, Appointee
Board of Parole
Juneau, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Parole.
LANETTE BLODGETT, Appointee
Alaska Public Offices Commission
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Public
Office Commission.
KEITH HAMILTON, PhD, Appointee
State Personnel Board
Soldotna, Alaska
POSITION STATEMENT: Testified as appointee to the Personnel
Board.
ROBIN O'DONOGHUE
Alaska Public Interest Research Group
Anchorage, Alaska
POSITION STATEMENT: Expressed opposition to Dr. Hamilton's
appointment to the State Personnel Board.
REPRESENTATIVE DAN ORTIZ
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided introductory remarks and answered
questions during the hearing on HB 31, as the prime sponsor.
ABIGAIL SWEETMAN, Staff
Representative Dan Ortiz
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
31.
TOM WILLIAMS, Chief Financial Officer
Ward Air
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 31.
SUZY CROSBY, Owner
Cottonwood Creek Farm
Wasilla, Alaska
POSITION STATEMENT: Testified in support of HB 31.
LISA ALEXIA
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 31.
KEN LANDFIELD
Homer, Alaska
POSITION STATEMENT: Testified during the hearing on HB 31.
ANDY MILLS, Legislative Liaison
Department of Transportation & Public Facilities
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
31.
REPRESENTATIVE BEN CARPENTER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided introductory remarks on HB 124, as
the prime sponsor.
MEGAN WALLACE, Director
Legislative Legal Services
Legislative Affairs Agency
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
31.
ACTION NARRATIVE
3:03:47 PM
CHAIR CLAMAN called the House State Affairs Standing Committee
meeting to order at 3:03 p.m. Representatives Eastman, Vance,
Kaufman, Tarr (via teleconference), Kreiss-Tomkins (via
teleconference), and Claman were present at the call to order.
^CONFIRMATION HEARING(S):
^State Commission for Human Rights
^Board of Parole
^State Personnel Board
^Public Offices Commission
CONFIRMATION HEARING(S):
State Commission for Human Rights
Board of Parole
State Personnel Board
Alaska Public Offices Commission
3:04:38 PM
CHAIR CLAMAN announced that the first order of business would be
confirmation hearings for various boards and commissions.
3:05:52 PM
ZACKARY GOTTSHALL, Appointee, State Commission for Human Rights,
shared a brief history of his military service and professional
career. He expressed his interest in helping those in need and
ensuring their fair treatment in both the workplace and the
public sector. He welcomed questions from committee members.
CHAIR CLAMAN asked whether he was currently serving on the
commission or whether he was a new appointee.
MR. GOTTSHALL said he was a relatively new appointment.
3:07:40 PM
REPRESENTATIVE EASTMAN asked Mr. Gottschall to define the
commission's role.
MR. GOTTSHALL shared his understanding that the role of the
commission was to assist the legislative body on improving and
upholding Alaska Statutes.
REPRESENTATIVE EASTMAN asked what made Mr. Gottschall uniquely
qualified to serve on the commission.
MR. GOTTSHALL recalled how he handled challenges associated with
personnel actions during his time in the military.
REPRESENTATIVE EASTMAN asked whether he had any recommendations
on statutes that could be improved upon.
MR. GOTTSHALL said not at this time, adding that there was much
for him to learn.
3:10:36 PM
REPRESENTATIVE KAUFMAN thanked him for his desire to serve and
commended him for the certifications on his resume.
3:11:33 PM
JESSIE RUFFRIDGE, Appointee, State Commission for Human Rights,
shared a brief history of her life, professional career and
experience working with marginalized persons. She noted that
she was appointed in August 2021 and had attended two commission
meetings so far.
CHAIR CLAMAN asked whether she was currently serving on the
commission or whether she was a new appointee.
MS. RUFFRIDGE reiterated that she was a fairly new appointment.
3:13:48 PM
REPRESENTATIVE EASTMAN asked whether she had family members
serving on other boards or commissions.
MS. RUFFRIDGE answered yes, her husband Justin Ruffridge was
serving on the Board of Pharmacy.
REPRESENTATIVE EASTMAN asked what made Ms. Ruffridge uniquely
qualified to serve on the commission.
MS. RUFFRIDGE answered life experience and a willingness to do
the work.
REPRESENTATIVE EASTMAN asked whether service on the commission
would limit Ms. Ruffridge's ability to express personal opinions
- political or otherwise.
MS. RUFFRIDGE answered no, adding that she looked forward to
promoting an Alaska free of discrimination.
3:16:39 PM
JASON WILSON, Appointee, Board of Parole, shared a brief history
of his life and professional career. He reported that this was
his second term on the Board of Parole, serving a total of six
years.
3:18:22 PM
REPRESENTATIVE EASTMAN sought to confirm whether Mr. Wilson was
working with a high school softball team.
MR. WILSON answered yes, he was serving as the assistant coach
for the Thunder Mountain High School softball team while his
daughter was on the team.
REPRESENTATIVE EASTMAN asked what uniquely qualified Mr. Wilson
to serve on the board.
MR. WILSON said as an Alaska Native, he brought a cultural
understanding and different perspective to the board.
3:20:10 PM
REPRESENTATIVE TARR asked whether a fellow board member was
currently running for office and whether he/she was required to
step down.
MR. WILSON understood that the woman in question had resigned
from the Board of Parole to pursue that endeavor.
3:21:21 PM
REPRESENTATIVE EASTMAN asked whether Mr. Wilson had been asked
to disclose any potential conflicts of interest.
MR. WILSON said not that he was aware of.
REPRESENTATIVE EASTMAN asked whether Mr. Wilson anticipated any
board-related actions or conflicts that he would need to recuse
himself from.
MR. WILSON answered no.
3:23:11 PM
CHAIR CLAMAN shared a concern he had heard about the board
rarely granting parole. He asked Mr. Wilson how he determined
whether parole should be granted.
MR. WILSON conveyed that a lot went into determining a person's
eligibility for discretionary parole. He explained the process,
which included an interview with the parolee. He suggested that
a release plan and some indication that the individual had taken
steps or participated in programing to address the underlying
factors that lead to incarceration were important indicators.
He pointed out that COVID-19 minimized the availability of such
programming inside DOC facilities, which could have factored
into the suggestion that there were fewer releases during the
pandemic.
CHAIR CLAMAN asked how many times the board had granted
discretionary parole during Mr. Wilson's six-year tenure on the
board and whether he had noticed any trends.
MR. WILSON shared his belief that trends appeared in waves.
3:28:44 PM
REPRESENTATIVE EASTMAN asked whether the time period between
evaluations for a person who was granted parole was sufficient
to make informed decisions.
MR. WILSON shared his belief that the board received information
in a timely manner.
REPRESENTATIVE EASTMAN asked whether the board received timely
information in terms of reviewing past decisions to grant or
deny parole.
MR. WILSON clarified that once discretionary parole was granted,
the board would not be made aware of the individual's success;
however, if the individual violated the conditions of parole,
he/she would be required to appear before the board again.
MR. WILSON, in response to a question from Representative
Claman, explained that an inmate who was denied parole could
reapply or ask for reconsideration at any time.
CHAIR CLAMAN asked whether inmates had to apply to be seen by
the board.
MR. WILSON indicated that inmates were required to apply via a
parole officer to appear before the board.
3:35:41 PM
REPRESENTATIVE EASTMAN inquired about the board's workload and
whether there was enough time to make thoughtful decisions.
MR. WILSON explained that a week prior to the parole hearing,
packets on the parolees' history were sent to the board members
for review. He confirmed that a week was adequate time for
preparation.
REPRESENTATIVE EASTMAN inquired about the role of victims in the
parole process.
MR. WILSON opined that the board and its staff did a good job at
assisting victims who wanted to be involved in the process.
3:38:33 PM
LANETTE BLODGETT, Appointee, Alaska Public Offices Commission
(APOC), shared a brief history of her life and professional
career. She believed that her unique skills would contribute to
fact checking and investigations in particular.
CHAIR CLAMAN asked whether she was currently serving on the
commission or whether she was a new appointee.
MS. BLODGETT said this was her first time before the legislature
for confirmation.
3:40:39 PM
REPRESENTATIVE EASTMAN asked which seat she was fulfilling on
the commission.
MS. BLODGETT answered, "The Democrats seat, because they're the
ones that put my name forward."
REPRESENTATIVE EASTMAN asked Ms. Blodgett to define the
commission's role.
MS. BLODGETT opined that APOC provided the public with a way to
"build a good record" in case there was an appeal. She shared
her understanding that the commission enforced regulation and
helped people process problems.
3:42:48 PM
REPRESENTATIVE TARR asked Ms. Blodgett to comment on APOC's role
in working with the legislature to establish new campaign
finance limits.
MS. BLODGETT stated that she had not had the chance to read up
on that issue. She said she would like to keep an open mind on
this as it evolved.
REPRESENTATIVE TARR expressed appreciation for Ms. Blodgett's
willingness to learn.
3:46:20 PM
REPRESENTATIVE EASTMAN remarked:
There are some that feel and have a concern that the
process is designed for those that are connected
politically or understand the rules or have an
attorney or a treasurer they can turn to when they
have questions, and then there's another group of
people who are afraid of the rules and don't have
those personal relationships with people and don't
engage in the political process to the extent that
they would otherwise like to because of the way that
APOC works.
MS. BLODGETT observed that APOC had a lot of power to negotiate,
which was not the case for every state agency. She believed
that the commission handled cases in a compassionate, fair, and
personal matter. She concluded by stating that she would be
proud to serve on the commission.
3:50:25 PM
KEITH HAMILTON, PhD, Appointee, State Personnel Board, shared a
brief history of his life and professional career. He noted
that he was up for reappointment.
CHAIR CLAMAN asked whether Dr. Hamilton was initially appointed
by former Governor Parnell.
DR. HAMILTON answered yes.
3:53:17 PM
REPRESENTATIVE EASTMAN asked Dr. Hamilton to define the board's
role.
DR. HAMILTON stated that the board spent most of its time
working on amendments to personnel rules, as well as acting on
recommendations on the extension of a partially exempt service
and classified service, which came from the Division of
Personnel, DOA. Additionally, the board was occasionally called
to work for the administration under the Alaska Executive Branch
Ethics Act on ethics complaints, which were confidential
matters.
3:54:39 PM
CHAIR CLAMAN opened public testimony on the appointees.
3:55:23 PM
ROBIN O'DONOGHUE, Alaska Public Interest Research Group
(AKPIRG), stated his opposition to Dr. Hamilton's reappointment
to the State Personnel Board. He indicated the organization was
opposed on the grounds that AKPIRG had submitted multiple ethics
complaints, which the board failed to respond to despite its
statutory obligation to do so. He claimed that AKPIRG had
testified before the board on its failure to respond and sent
multiple communications. He urged committee members to ask Dr.
Hamilton about this incident.
3:56:43 PM
REPRESENTATIVE EASTMAN asked whether the objection was specific
to Dr. Hamilton or to all members of the board.
MR. O'DONOGHU said given that the board in its entirety had
failed to respond to the complaints, AKPIRG was frustrated with
the board overall; nonetheless, as it was Dr. Hamilton up for
reappointment today, AKPIRG was specifically opposed to his
reappointment.
REPRESENTATIVE EASTMAN asked whether a particular member of the
board could unilaterally respond to an ethics complaint.
MR. O'DONOGHU was unsure of the answer.
3:58:37 PM
REPRESENTATIVE KREISS-TOMKINS asked Dr. Hamilton to respond to
Mr. O'donoghu's testimony.
DR. HAMILTON understood that AKPIRG may be frustrated;
nonetheless, he emphasized that the board followed its statutory
requirements. He explained that upon receipt of an ethics
complaint, the chair of the board would take it under advisement
and involve the Division of Personnel, DOA. He shared his
understanding that the board had responded to each complaint.
4:00:51 PM
CHAIR CLAMAN closed public testimony.
4:01:57 PM
REPRESENTATIVE VANCE moved to advance the confirmation of
appointees to the State Commission for Human Rights, Board of
Parole, Alaska Public Offices Commission, and State Personnel
Board to the joint session of the House and Senate for
consideration. She reminded members that signing the reports
regarding appointment to board and commissions in no way
reflected individual members' approval or disapproval of the
appointees, and that the nominations were merely forwarded to
the full legislature for confirmation or rejection. There being
no objection, the confirmation was advanced.
HB 31-OBSERVE DAYLIGHT SAVING TIME ALL YEAR
4:02:45 PM
CHAIR CLAMAN announced that the next order of business would be
HOUSE BILL NO. 31, "An Act relating to daylight saving time; and
providing for an effective date."
4:04:47 PM
REPRESENTATIVE DAN ORTIZ, Alaska State Legislature, prime
sponsor, summarized HB 31 by paraphrasing the sponsor statement
[included in the committee packet], which read in its entirety
as follows [original punctuation provided]:
House Bill 31 establishes Daylight Saving Time (DST)as
the official time for the State of Alaska year-round,
subject to the authorization of federal law. DST is
observed between the second Sunday of March and the
first Sunday of November.
Adoption of this legislation is the first step. To
fully implement the change to full-time DST, action by
the United States Congress is required. Congress will
need to amend federal law to allow states to observe
DST throughout the calendar year.
Nationally, the initiative to change to full-time DS
is gaining traction. As of December 2020, 13 states
have enacted DST legislation. In 2020 alone, 32 states
considered DST legislation. On the west coast
California voters authorized the change pending
legislation and in 2019, both Washington and Oregon
passed legislation similar to HB31. Our Canadian
neighbors have also taken steps to move to full-time
DST. British Columbia passed legislation to implement
full-time DST contingent on the U.S. west coast also
implementing it. Yukon began full-time DST on March 8,
2020.
Because of our close economic and geographic ties to
the U.S. and Canadian west coasts, Alaska can avoid
being 'left in the dark' by passing HB31.
4:08:07 PM
REPRESENTATIVE EASTMAN inquired about the benefits of year-round
Daylight Saving Time (DST), as opposed to year-round Standard
Time ("ST").
REPRESENTATIZE ORTIZ explained that DST was important to
Alaska's major industries, like tourism, as it would maintain
the existing daylight hours in the summer and extend daylight
hours later in the day in the winter, which seemed to be
favorable to morning daylight, he said.
4:09:59 PM
REPRESENTATIVE EASTMAN asked whether the federal government had
the authority to dictate Alaska's time zones.
4:10:44 PM
ABIGAIL SWEETMAN, Staff, Representative Dan Ortiz, Alaska State
Legislature, on behalf of Representative Ortiz, prime sponsor,
answered, "No, that's still under federal decision." She
offered to follow up with a legal memorandum that addressed that
concern.
REPRESENTATIZE ORTIZ opined that it would be better if all
states were united on this issue, as it would allow for easier
communication.
REPRESENTATIVE EASTMAN asked whether Alaska had the authority to
create multiple time zones within the state without seeking
approval from the federal government.
MS. SWEETMAN said that was under federal jurisdiction.
4:12:52 PM
REPRESENTATIVE VANCE directed attention to page 2, line 1, and
asked why the bill specified December 31, 2030.
REPRESENTATIVE ORTIZ stated that he didn't have an answer. He
welcomed an amendment on that language.
4:14:34 PM
CHAIR CLAMAN pointed out that some states, such as Arizona,
chose to stay on ST year-round. He asked whether Arizona had to
gain permission from the federal government to do so.
REPRESENTATIVE ORTIZ offered his understanding that all time-
zone-related decisions in any state required approval from the
federal government.
4:16:24 PM
REPRESENTATIVE KREISS-TOMKINS recalled that the United States
experimented with permanent DST in the 1970s, which was met with
a "loudly negative" response from the general public. He asked
what had changed from the 1970s and why the legislature should
expect a different response.
MS. SWEETMAN explained that before permanent DST was instated,
it had a high approval rating of 79 percent, which immediately
dropped to 42 percent, as parents were concerned about their
school-age children walking or riding bikes to school in the
dark. However, a study conducted in 2009 indicated that only 13
percent of students walked or rode their bikes to school. She
concluded that the decline in approval in the 1970s was largely
due to children going to school.
4:20:30 PM
REPRESENTATIVE KAUFMAN asked whether the origin of DST was
considered by the bill sponsor. He shared his understanding
that the original purpose was to align production hours with
factories that were still lit by skylights. He asked whether
there was a bias in either permanent DST or permanent ST that
was better for Alaska.
REPRESENTATIVE ORTIZ believed that there was a regional bias, as
opposed to a consensus bias.
4:23:37 PM
REPRESENTATIVE EASTMAN asked whether there would be any health-
related benefits from making this change.
REPRESENTATIVE ORTIZ anecdotally reported that there were more
incidents of heart attacks during the switchover from ST to DST
and vice versa. The medical community was united in the idea
that sticking to one, whether it be Standard Time or DST, would
improve people's circadian rhythm.
4:24:52 PM
REPRESENTATIVE TARR wondered whether the bill sponsor had
gathered perspectives from local governments and municipalities
on the issue. Further, she asked whether other states had
considered it. She wondered whether approaching congress with a
coordinated proposal from a block of states would be beneficial.
REPRESENTATIVE ORTIZ emphasized that the bill was contingent on
support from West Coast states in addition to approval from the
federal government.
4:28:04 PM
CHAIR CLAMAN opened public testimony.
4:28:47 PM
TOM WILLIAMS, Chief Financial Officer, Ward Air, expressed
support for HB 31 for the following reasons: it would end the
twice-a-year changing of clocks, which was associated with
higher rates of health risks; maintain the existing daylight
hours in the summer that were critical for the Alaska tourism
industry; extend daylight hours later in the day during the
winter, allowing for later flight operations and more after
school daylight; and reduce the time zone difference between
Alaska and the East Coast financial markets. He addressed the
three other West Coast states California, Oregon, and
Washington that were supporting year-round DST, as well as
potentially British Columbia. He reiterated his belief that
Alaska should join its neighbors in the effort to encourage the
U.S. Department of Transportation to approve year-round DST for
all four West Coast states, if not the entire United States.
4:32:19 PM
SUZY CROSBY, Owner, Cottonwood Creek Farm, expressed her support
for HB 31. She discussed the disadvantages of year-round
Standard Time, explaining that her support for the bill stemmed
from the fear of a proposal to eliminate DST, which she
characterized as a disastrous idea. She argued that most
Alaskans preferred the extended daylight at the end of the day,
as opposed to the beginning. She discussed the history of time
zones in Alaska.
4:36:16 PM
LISA ALEXIA, paraphrased the following written remarks [original
punctuation provided]:
As a psychiatric physician assistant who provides
health care in rural Alaska as well as Anchorage, I
write with professional, academic, and personal
knowledge of the impact that Alaska's long dark
mornings have on human health, mental health, and
safety. I respectfully request that you reconsider
your approach to eliminating the clock change and
advocate instead for permanent Standard Time.
Eliminating the clock change is importantwe can agree
on thatbut please understand that making DST
permanent would worsen the quality of life and health
outcomes for a majority of Alaskans.
Permanent Daylight Saving Time is federally
prohibited. It would delay Juneau sunrise to 9:46am
(past 8am 4.1 months), Anchorage sunrise to 11:15am
(past 8am 5.7 months). On St. Paul Island, sunrise on
winter solstice would not take place until nearly
noon! This may not seem like a big deal in Eastern
Alaska, but as someone who has worked in Western
Alaskan communities, and Anchorage, (where most of our
state population resides), I can tell you that the
delayed clock time is a big problem. Long dark
mornings for much of the year, and extended evening
light in the spring, wreak havoc on schoolchildren and
entire communities who struggle with getting enough
sleep when they must convince children to go to bed
early in April in May when it is light late, and to
wake hours before dawn for most of the school yearnot
because they are far north, but because of the
displacement of the civil clock from true sun time.
Alaska lost most of its time zones in the 80s and this
has disproportionately affected the health and safety
of Western Alaska (including Anchorage and Fairbanks).
HB 31 would worsen an already difficult situation.
Permanent DST would force earlier waking relative to
sunrise, further misalign clocks from circadian
rhythms during the winter when Alaskans most need
morning light, and chronically deprive sleep.
For Alaska in particular, our high rates of cancer,
diabetes, unintentional injury, suicide, homicide read
like a treatise on all the harms of displaced
circadian rhythms and the sleep deprivation it causes.
If Alaska were to implement permanent Standard Time,
we might finally make some headway on improving some
of these public health issues. But if HB31 were to
pass and the state went to permanent DST, these public
health problems (for which AK is already notorious in
the nation and the world) would worsen.
Permanent DST has failed before with loss of life. The
National Education Association, National School Boards
Association, National Safety Council, National PTA,
American College of Occupational & Environmental
Medicine, American Academy of Sleep Medicine, Society
for Research on Biological Rhythms, The American
College of Chest Physicians, and many others urge
permanent Standard Time as best for health, safety,
and prosperity. Please consider amending this bill to
advocate for permanent Standard Time. Eliminating the
clock change can happen at a state level by
eliminating DST completely and just remaining on
standard time. Arizona and Hawaii do this. It's time
Alaska does the same. Eliminating the clock change to
convert to DST actually would take longer because you
will be waiting for federal action.
CHAIR CLAMAN sought to confirm that under current federal law,
states could opt-out of DST; however, they were not allowed to
opt-in to year-round DST.
MS. ALEXIA answered yes.
REPRESENTATIVE EASTMAN inquired about the process of opting out
and what that entailed.
MS. ALEXIA was unsure of the answer. She suspected that it
involved the legislative process.
4:42:01 PM
KEN LANDFIELD questioned why the bill was proposing a switch to
DST over ST. He argued that ST was more in line with people's
circadian rhythm. He pointed out that both Arizona and Hawaii
were on ST, arguing that Alaska should "hitch its wagon" to the
thth
48 and 50 states to present a unified western front. He
acknowledged that time was an artificial construct, admitting
that either year-round DST or year-round ST would be better than
switching back and forth.
4:44:23 PM
CHAIR CLAMAN closed public testimony.
4:44:50 PM
REPRESENTATIVE VANCE referenced the document, titled "Research
4. Vehicle Crashed by AJPH," which suggested that DST saved
pedestrian lives and could save additional lives by extending
daylight further into the winter months. She inquired about the
correlation between time change and [car crashes].
4:45:33 PM
ANDY MILLS, Legislative Liaison, Department of Transportation &
Public Facilities (DOT&PF), offered to follow up with the
requested information.
4:46:24 PM
REPRESENTATIVE EASTMAN asked whether Alaska could petition
congress for an allowance to make its own decisions regarding
time zones.
REPRESENTATIVE ORTIZ offered to discuss that option with
Alaska's federal delegation.
4:48:36 PM
CHAIR CLAMAN announced that HB 31 was held over.
HB 124-FILLING VACANCY IN LEGISLATURE
4:48:48 PM
CHAIR CLAMAN announced that the final order of business would be
HOUSE BILL NO. 124, "An Act relating to filling a vacancy in the
legislature by appointment."
4:50:26 PM
REPRESENTATIVE BEN CARPENTER, Alaska State Legislature, prime
sponsor of HB 124, provided a summary of the legislation. He
indicated that the bill would clarify the existing ambiguity in
AS 15.40.320 regarding filling vacancy appointments to the
Alaska State Legislature.
4:52:20 PM
REPRESENTATIVE VANCE directed attention to paragraph (2) on page
1, line 13, of HB 124 and asked how a special election could be
held before the legislature convened by special session if that
were to occur.
4:53:20 PM
MEGAN WALLACE, Director, Legislative Legal Services, Legislative
Affairs Agency, explained that a special election would be used
to fill a vacancy in the Senate that occurred for an unexpired
term of more than two years and five full calendar months. She
remarked:
What the statute says is that the governor will not
fill that vacancy if that special election is going to
determine who's going to fill that seat before the
next special session or the next time the legislature,
for example, convenes its second session or meets in
some other manner.
REPRESENTATIVE VANCE asked:
So, if we were in that window of time and a special
session was called, what would be the process? Is that
the person for Senate would just go along with the
election along with the two-year representatives'
election? Or would there be a time that there would
have to be a seat filled so that there is a full
session during a special session?
MS. WALLACE asked her to repeat the question.
REPRESENTATIVE VANCE inquired about the timeline and sequence of
events that would occur if a vacancy occurred and a special
session was called.
MS. WALLACE shared her understanding that if the legislature was
going to meet before a special election could be held to
permanently fill a vacancy in the Senate, the temporary
appointment would serve until there was a special election held
to fill the seat.
4:57:23 PM
CHAIR CLAMAN shared his understanding that the current statute
on special elections suggested that the governor would not be
allowed to fill a vacancy in the Senate that occurred within the
first year and a half of a four-year term. He explained that in
that scenario, a "special election" would be held in November of
that next "go-around," effectively holding an election to fill
the remaining two years of the four-year term. Alternatively,
as members of the House were elected every two years, the
governor could appoint an individual to fill a vacancy in the
House for the remainder of the two years.
MS. WALLACE believed that he was correct.
5:00:20 PM
REPRESENTATIVE EASTMAN considered a scenario in which an
election was held to fill a vacancy in the House to ensure that
a portion of the state didn't lose representation for a period
of time.
REPRESENTATIVE CARPENTER remarked:
I think I understand what you're saying- if you have a
vacancy that occurs generally around an election and
the election occurs and there's a certified winner but
the vacancy hasn't been filled yet, then the governor
just appointing the winner of the election to fill the
vacancy and then when the next legislative session
happens, then the winner of that election continues on
for their new term.
REPRESENTATIVE CARPENTER asked if that was correct.
REPRESENTATIVE EASTMAN answered yes; however, he suggested that
vacancy could be automatically filled by the certified election
winner. He surmised that the governor wouldn't necessarily need
to appoint the certified winner to fill the vacancy.
REPRESENTATIVE CARPENTER pointed out that whether the new
legislator was appointed or won the election, he/she would be
sworn in to fill the two-year term.
REPRESENTATIVE EASTMAN agreed; however, he pointed out that the
process of swearing in a legislator did not have to occur during
session.
CHAIR CLAMAN announced that HB 124 was held over.
5:03:24 PM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 5:03
p.m.