ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         March 17, 2011                                                                                         
                           9:10 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Bill Wielechowski, Chair                                                                                                
Senator Joe Paskvan, Vice Chair                                                                                                 
Senator Kevin Meyer                                                                                                             
Senator Cathy Giessel                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Albert Kookesh                                                                                                          
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 98                                                                                                              
"An Act relating to biometric information."                                                                                     
                                                                                                                                
     - MOVED CSSB 98(STA) OUT OF COMMITTEE                                                                                      
                                                                                                                                
HOUSE BILL NO. 98                                                                                                               
"An Act relating to display, folding, presentment, and                                                                          
retirement of the state flag."                                                                                                  
                                                                                                                                
     - MOVED CSHB 98(STA) OUT OF COMMITTEE                                                                                      
                                                                                                                                
SENATE BILL NO. 94                                                                                                              
"An Act adding a second verse to the official Alaska state                                                                      
song."                                                                                                                          
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                              
CONFIRMATION HEARINGS                                                                                                           
     Alaska Public Offices Commission                                                                                         
          Kenneth Kirk                                                                                                          
                                                                                                                                
      - CONFIRMATION ADVANCED                                                                                                   
                                                                                                                                
     Human Rights Commission                                                                                                  
          Jerrad "Shea" Hutchings                                                                                               
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                              
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB  98                                                                                                                  
SHORT TITLE: BIOMETRIC INFORMATION FOR ID                                                                                       
SPONSOR(s): SENATOR(s) WIELECHOWSKI                                                                                             
                                                                                                                                
03/11/11       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/11/11       (S)       STA, JUD                                                                                               
03/15/11       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
03/15/11       (S)       Heard & Held                                                                                           
03/15/11       (S)       MINUTE(STA)                                                                                            
                                                                                                                                
BILL: HB  98                                                                                                                  
SHORT TITLE: HANDLING OF STATE FLAG                                                                                             
SPONSOR(s): REPRESENTATIVE(s) JOHNSON                                                                                           
                                                                                                                                
01/18/11       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/11       (H)       STA                                                                                                    
02/17/11       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
02/17/11       (H)       Moved Out of Committee                                                                                 
02/17/11       (H)       MINUTE(STA)                                                                                            
02/18/11       (H)       STA RPT 5DP                                                                                            
02/18/11       (H)       DP: JOHANSEN, KELLER, SEATON, PETERSEN,                                                                
                         LYNN                                                                                                   
02/25/11       (H)       TRANSMITTED TO (S)                                                                                     
02/25/11       (H)       VERSION: HB  98                                                                                        
02/28/11       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/28/11       (S)       STA                                                                                                    
03/08/11       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
03/08/11       (S)       Heard & Held                                                                                           
03/08/11       (S)       MINUTE(STA)                                                                                            
                                                                                                                                
BILL: SB  94                                                                                                                  
SHORT TITLE: SECOND VERSE OF ALASKA'S STATE SONG                                                                                
SPONSOR(s): SENATOR(s) DAVIS                                                                                                    
                                                                                                                                
02/25/11       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/25/11       (S)       CRA, STA                                                                                               
03/08/11       (S)       CRA AT 3:30 PM BELTZ 105 (TSBldg)                                                                      
03/08/11       (S)       Moved SB  94 Out of Committee                                                                          
03/08/11       (S)       MINUTE(CRA)                                                                                            
03/09/11       (S)       CRA RPT  5DP                                                                                           
03/09/11       (S)       DP: OLSON, KOOKESH, WAGONER, ELLIS,                                                                    
                         MENARD                                                                                                 
03/09/11       (S)       FIN REFERRAL  ADDED AFTER STA                                                                          
03/17/11       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
MICHAEL CAUFIELD, Staff to Senator Wielechowski                                                                                 
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Presented SB 98 for sponsor, Senator                                                                      
Wielechowski.                                                                                                                   
                                                                                                                                
JEANNE OSTNESS, Staff to Representative Craig Johnson                                                                           
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Presented HB 98 for sponsor, Representative                                                               
Johnson                                                                                                                         
                                                                                                                                
SENATOR BETTYE DAVIS                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Sponsor of SB 94.                                                                                         
                                                                                                                                
PAMELA MARSH, Staff to Senator Davis                                                                                            
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Presented SB 94 for sponsor, Senator Davis.                                                               
                                                                                                                                
CONNIE DAVIS, representing herself                                                                                              
Juneau, AK                                                                                                                      
POSITION STATEMENT: Testified in support of SB 94.                                                                            
                                                                                                                                
MARIE OLSEN                                                                                                                     
Alaska Native Sisterhood                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Testified in support of SB 94.                                                                            
                                                                                                                                
RICHARD JACKSON, Grand President                                                                                                
Alaska Native Brotherhood                                                                                                       
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Testified in support of SB 94.                                                                            
                                                                                                                                
KENNETH KIRK, Governor's Nominee                                                                                                
Alaska Public Offices Commission (APOC)                                                                                         
Juneau, AK                                                                                                                      
POSITION STATEMENT: Answered questions from committee members.                                                                
                                                                                                                                
MICHELLE SYDEMAN, staff to Senator Wielechowski                                                                                 
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Explained absence of governor's nominee                                                                   
Jerrad Hutchings.                                                                                                               
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
9:10:06 AMC                                                                                                                 
CHAIR BILL WIELECHOWSKI called the  Senate State Affairs Standing                                                             
Committee meeting to  order at 9:10 a.m.  Senator Giessel, Meyer,                                                               
and  Wielechowski were  present  at the  call  to order.  Senator                                                               
Paskvan arrived soon thereafter.                                                                                                
                                                                                                                                
              SB  98-BIOMETRIC INFORMATION FOR ID                                                                           
                                                                                                                                
9:10:45 AM                                                                                                                    
CHAIR WIELECHOWSKI announced  the consideration of SB  98, a bill                                                               
seeking  to  protect Alaskans  from  inappropriate  use of  their                                                               
fingerprints, voice  patterns, facial characteristics,  and other                                                               
biometric  information.  He  asked   his  staff  to  explain  the                                                               
proposed amendment.  It is in  response to a question  about palm                                                               
prints that Senator  Paskvan raised at the  previous hearing; the                                                               
change  occurs on  page 4,  line  2 of  version M,  which is  the                                                               
version that is before the committee.                                                                                           
                                                                                                                                
9:11:06 AM                                                                                                                    
SENATOR PASKVAN joined the meeting.                                                                                             
                                                                                                                                
CHAIR WIELECHOWSKI  moved to adopt Amendment  M.1 [27-LS0661\M.1]                                                               
and objected for discussion purposes.                                                                                           
                                                                                                                                
                         AMENDMENT M.1                                                                                        
                                                                                                                                
     OFFERED IN THE SENATE         BY SENATOR WIELECHOWSKI                                                                      
          TO: CSSB 98, Draft Version "M"                                                                                        
                                                                                                                                
     Page 4, line 2:                                                                                                            
          Delete "palm print"                                                                                                   
          Insert "skin"                                                                                                         
                                                                                                                                
9:11:34 AM                                                                                                                    
MICHAEL CAUFIELD,  staff to Senator Bill  Wielechowski, explained                                                               
that the amendment changed "palm print" to "skin."                                                                              
                                                                                                                                
CHAIR WIELECHOWSKI  removed his objection [and  Amendment M.1 was                                                               
adopted.] He  informed the committee  that the Department  of Law                                                               
(DOL) fiscal  note is indeterminate  and discussions  are ongoing                                                               
to get  it reclassified as  zero. He asked  for a motion  to move                                                               
the  bill,   reflecting  that  a   zero  fiscal  note   would  be                                                               
forthcoming.                                                                                                                    
                                                                                                                                
9:13:32 AM                                                                                                                    
SENATOR PASKVAN moved to report CS  for SB 98, as amended by M.1,                                                               
from  committee with  individual recommendations  and forthcoming                                                               
fiscal note.                                                                                                                    
                                                                                                                                
CHAIR WIELECHOWSKI announced that  without objection CSSB 98(STA)                                                               
moved from the Senate State Affairs Standing Committee.                                                                         
                                                                                                                                
9:14:00 AM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
                 HB  98-HANDLING OF STATE FLAG                                                                              
                                                                                                                                
9:15:07 AM                                                                                                                    
CHAIR  WIELECHOWSKI  announced the  consideration  of  HB 98  and                                                               
noted it was heard last week. He  asked for a motion to adopt the                                                               
proposed [Senate]  committee substitute  (CS). He  explained that                                                               
it adds the words  "in a public facility" to page  1, lines 4 and                                                               
6. This  is to  clarify that  these provisions  apply only  to an                                                               
official display of  the flag in a public  location. Some concern                                                               
was  expressed  about  dictating  how  the  flag  could  be  used                                                               
privately, which was probably not the intent of the sponsor.                                                                    
                                                                                                                                
9:16:11 AM                                                                                                                    
SENATOR PASKVAN  moved to adopt the  work draft Senate CS  for HB                                                               
[98], labeled 27-LS0014\B as the working document.                                                                              
                                                                                                                                
CHAIR WIELECHOWSKI objected for discussion purposes.                                                                            
                                                                                                                                
9:17:15 AM                                                                                                                    
JEANNE OSTNESS,  staff to  Representative Craig  Johnson, sponsor                                                               
of HB  98, said  the sponsor  had no objection  to the  CS, which                                                               
makes the one small change that Chair Wielechowski explained.                                                                   
                                                                                                                                
CHAIR WIELECHOWSKI removed  his objection and asked  for a motion                                                               
to move the bill.                                                                                                               
                                                                                                                                
9:18:01 AM                                                                                                                    
SENATOR PASKVAN moved to report the  Senate CS for HB 98, version                                                               
B, from  committee with  individual recommendations  and attached                                                               
fiscal note(s).                                                                                                                 
                                                                                                                                
CHAIR  WIELECHOWSKI  announced  that  without  objection  SCS  HB                                                               
98(STA) moved from the Senate State Affairs Standing Committee.                                                                 
                                                                                                                                
9:18:32 AM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
           SB  94-SECOND VERSE OF ALASKA'S STATE SONG                                                                       
                                                                                                                                
9:19:15 AM                                                                                                                    
CHAIR WIELECHOWSKI  announced the  consideration of SB  94, which                                                               
would create a second verse to the Alaska State Song.                                                                           
                                                                                                                                
9:19:42 AM                                                                                                                    
SENATOR BETTYE  DAVIS, sponsor  of SB 94,  said this  bill passed                                                               
the Senate last year but didn't  make it through the House due to                                                               
a lack  of time. She showed  the committee that the  second verse                                                               
is already in the legislative directory  and she would like it to                                                               
be official.                                                                                                                    
                                                                                                                                
9:20:59 AM                                                                                                                    
PAMELA  MARSH, staff  to  Senator Bettye  Davis,  said she  would                                                               
defer to the daughter of the woman who wrote the song.                                                                          
                                                                                                                                
CHAIR WIELECHOWSKI opened public testimony.                                                                                     
                                                                                                                                
9:22:16 AM                                                                                                                    
CONNIE DAVIS, representing  herself, said she is  the daughter of                                                               
Trevor  and Carol  Berry Davis.  She  said 1927  was an  exciting                                                               
year. In January  then Governor Parks announced a  contest for an                                                               
official state flag.  Her father said the  design represented all                                                               
of  Alaska. It  became known  nationwide and  in Paris  where the                                                               
American Legion  was meeting.  Her mother  drafted the  song soon                                                               
thereafter and  was able to  interview Benny Benson,  the contest                                                               
winner for the  flag design. Her mother also used  words from her                                                               
friend Marie  Drake. Ms. Davis  said we've listened to  this song                                                               
for many  years but  now some  people don't  even know  the first                                                               
verse. It would be nice to hear both verses at public functions.                                                                
                                                                                                                                
CHAIR WIELECHOWSKI  said it's amazing  that this is such  a young                                                               
state that  some of the  people who  helped create the  state are                                                               
still around.                                                                                                                   
                                                                                                                                
9:25:35 AM                                                                                                                    
MARIE OLSEN,  representing herself, said  she is a member  of the                                                               
Alaska Native Sisterhood. ANS always  supported the Alaska Native                                                               
Brotherhood that was responsible  for bringing equal education to                                                               
Alaska  Natives, workers'  compensation,  and the  right to  vote                                                               
before the U.S. voting amendment  passed. Carol Berry Davis was a                                                               
member  of the  sisterhood and  a good  family friend.  She wrote                                                               
poetry. The  second verse would  complete the history  of Alaska.                                                               
It would  unite the people  because it mentions Benny  Benson. If                                                               
there ever was a division, this would remove it.                                                                                
                                                                                                                                
9:28:19 AM                                                                                                                    
RICHARD  JACKSON,  Grand  President, Alaska  Native  Brotherhood,                                                               
said he supports  the sponsor's efforts to get  this bill passed.                                                               
He is  a three-year  veteran and he  always remembered  the state                                                               
song when  he was overseas.  He believes  that the first  line of                                                               
the   second  verse   is  particularly   meaningful  because   it                                                               
complements   the    efforts   toward    non-discrimination.   It                                                               
complements the  first verse. Both the  Alaska Native Brotherhood                                                               
and Sisterhood support the bill.                                                                                                
                                                                                                                                
CHAIR  WIELECHOWSKI closed  public testimony  and held  SB 94  in                                                               
committee.                                                                                                                      
                                                                                                                                
^CONFIRMATION HEARINGS                                                                                                      
^Alaska Public Offices Commission                                                                                               
                    CONFIRMATION HEARING(S)                                                                                   
                Alaska Public Offices Commission                                                                            
                                                                                                                                
9:31:47 AM                                                                                                                    
CHAIR WIELECHOWSKI announced the next  order of business would be                                                               
confirmation hearings. He  said the first nominee  is Mr. Kenneth                                                               
Kirk,  who has  been  nominated  to serve  on  the Alaska  Public                                                               
Offices Commission.                                                                                                             
                                                                                                                                
9:32:17 AM                                                                                                                    
KENNETH   KIRK,  Governor's   nominee,   Alaska  Public   Offices                                                               
Commission  (APOC), said  he is  an attorney  in Anchorage  and a                                                               
Republican member  candidate but he believes  the position should                                                               
be  non-partisan. He  would like  to  change some  things on  the                                                               
commission but  care must  be taken  to meet  legitimate concerns                                                               
and protect the First Amendment.                                                                                                
                                                                                                                                
9:34:04 AM                                                                                                                    
CHAIR WIELECHOWSKI  asked what changes  he had in  mind regarding                                                               
procedures and policies.                                                                                                        
                                                                                                                                
MR.  KIRK  responded  the commission  is  already  reviewing  the                                                               
regulations and  he believes they  only need tweaking,  not major                                                               
changes.                                                                                                                        
                                                                                                                                
CHAIR WIELECHOWSKI  asked if there  might be better ways  to file                                                               
required APOC reports.                                                                                                          
                                                                                                                                
MR. KIRK  answered the filing  procedures could be  improved. For                                                               
example,  APOC   rules  state   the  public   official  financial                                                               
disclosure  must be  done on  a form  provided by  APOC; however,                                                               
there is no form. Many small things need to be fixed.                                                                           
                                                                                                                                
CHAIR  WIELECHOWSKI asked  his opinion  about  the APOC  staffing                                                               
level.                                                                                                                          
                                                                                                                                
MR.  KIRK  answered  he  believes  it's  about  right,  but  that                                                               
assessment may be premature.                                                                                                    
                                                                                                                                
CHAIR  WIELECHOWSKI asked  his opinion  on the  draft regulations                                                               
APOC has out for public review.                                                                                                 
                                                                                                                                
MR.  KIRK  replied   he  has  concerns  about   things  like  the                                                               
definition  of  "anything  of  value"   and  the  restriction  on                                                               
political  funds being  spent on  public  utility elections,  but                                                               
these are relatively minor.                                                                                                     
                                                                                                                                
9:37:24 AM                                                                                                                    
SENATOR  PASKVAN noted  Mr.  Kirk's writing  on  the merit  based                                                               
system for the  selection of judges sets out  a dichotomy between                                                               
liberal  and conservative,  and  asked how  he  would apply  that                                                               
distinction in his work with APOC.                                                                                              
                                                                                                                                
MR.  KIRK  replied  that  is  his  private  citizen  view.  As  a                                                               
commissioner he would  need to be more careful  and considered in                                                               
his decisions.  He noted that he  writes for the Bar  Rag and his                                                               
writings often  try to shake  things up; as an  APOC commissioner                                                               
he would be much more cautious.                                                                                                 
                                                                                                                                
CHAIR WIELECHOWSKI said Mr. Kirk's  letter to the committee talks                                                               
about restrictions  on free speech,  and asked how he  would deal                                                               
with situations  that don't reflect  his personal  philosophy but                                                               
rather are points of law or regulation.                                                                                         
                                                                                                                                
MR. KIRK  responded he wouldn't expect  to look at every  case in                                                               
terms  of  the First  Amendment.  However,  restrictions on  free                                                               
speech need  to be narrowly  tailored. The issue last  year about                                                               
forwarding emails  was a  concern and was  beyond what  the First                                                               
Amendment would permit.  There was nothing in  the statutes which                                                               
prohibited forwarding emails.                                                                                                   
                                                                                                                                
9:41:55 AM                                                                                                                    
CHAIR WIELECHOWSKI  asked if he  would have a problem  being fair                                                               
since this is a political appointment.                                                                                          
                                                                                                                                
MR. KIRK  answered people can  be fair when dealing  with members                                                               
of  the  other   party  just  as  legislators   do.  The  current                                                               
commissioners feel the same.                                                                                                    
                                                                                                                                
CHAIR WIELECHOWSKI said that's been his experience.                                                                             
                                                                                                                                
9:43:12 AM                                                                                                                    
SENATOR PASKVAN  noted the phrase  "using the  state constitution                                                               
as  a   weapon"  in  Mr.   Kirk's  writing  is  a   concern.  The                                                               
constitution is more of a  standard than a weapon. That reference                                                               
was made  to the Alaska  Supreme Court. The writing  was "Alaska:                                                               
Conservative State, Liberal Judiciary."                                                                                         
                                                                                                                                
MR. KIRK said  he did that writing at the  request of an advocacy                                                               
organization. The  reference was to  the Supreme Court  trying to                                                               
push a particular agenda.                                                                                                       
                                                                                                                                
SENATOR PASKVAN said he was focused  on the word "weapon" and why                                                               
Mr. Kirk would use that term.                                                                                                   
                                                                                                                                
MR. KIRK said he doesn't recall,  but his point was probably that                                                               
the  court  was  not  interpreting the  constitution  but  rather                                                               
misusing it to push a particular agenda.                                                                                        
                                                                                                                                
9:45:38 AM                                                                                                                    
CHAIR   WIELECHOWSKI  asked   if  the   meeting  load   would  be                                                               
problematic for him, in view of his private practice.                                                                           
                                                                                                                                
MR.  KIRK answered  no. He's  always done  extra activity  and in                                                               
preparing  for this  position  he has  resigned  from others.  He                                                               
imagines  he will  cut  back  on new  cases  during the  election                                                               
season.                                                                                                                         
                                                                                                                                
9:46:55 AM                                                                                                                    
SENATOR MEYER disclosed  that Mr. Kirk is a  constituent and he's                                                               
found him to be impartial, fair,  and unbiased. It is a volunteer                                                               
position for all practical purposes.                                                                                            
                                                                                                                                
CHAIR WIELECHOWSKI asked for a motion.                                                                                          
                                                                                                                                
9:47:38 AM                                                                                                                    
SENATOR  MEYER moved  to forward  the  name Kenneth  Kirk to  the                                                               
joint body for further consideration.                                                                                           
                                                                                                                                
CHAIR WIELECHOWSKI reminded the committee  that a vote today does                                                               
not  indicate support  or opposition.  Finding  no objection,  he                                                               
congratulated Mr.  Kirk and said  his name would be  forwarded to                                                               
the joint body for consideration.                                                                                               
                                                                                                                                
^Human Rights Commission                                                                                                        
                    Human Rights Commission                                                                                 
                                                                                                                                
9:48:35 AM                                                                                                                    
CHAIR WIELECHOWSKI announced the next  order of business would be                                                               
the confirmation hearing of Jerrad  "Shea" Hutchings who has been                                                               
nominated to  the seven-member  Human Rights  Commission. Finding                                                               
that  Mr.  Hutchings  was  not  online, he  asked  his  staff  to                                                               
explain.                                                                                                                        
                                                                                                                                
9:49:52 AM                                                                                                                    
MICHELLE  SYDEMAN, staff  to Senator  Wielechowski, informed  the                                                               
committee  that  she had  called  Mr.  Hutchings at  least  three                                                               
times,  sent  several  emails,   the  latest  this  morning,  and                                                               
contacted  the Governor's  Office.  She noted  that Jason  Hooley                                                               
from  the  Governor's  Office  has been  trying  to  contact  Mr.                                                               
Hutchings as  well. Her understanding  is that Mr.  Hutchings did                                                               
not  participate  during  the  House  confirmation  hearing.  She                                                               
acknowledged  that Mr.  Hutchings did  call  to ask  if he  could                                                               
testify in the  Senate State Affairs committee  on Wednesday, but                                                               
he  was  told  that  the  committee only  meets  on  Tuesday  and                                                               
Thursday.                                                                                                                       
                                                                                                                                
9:51:26 AM                                                                                                                    
CHAIR WIELECHOWSKI set the confirmation  hearing of Mr. Hutchings                                                               
aside.                                                                                                                          
                                                                                                                                
9:51:49 AM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair Wielechowski  adjourned the  Senate State  Affairs Standing                                                               
Committee meeting at 9:51 a.m.