ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
February 19, 2015
9:02 a.m.
MEMBERS PRESENT
Senator Bill Stoltze, Chair
Senator John Coghill, Vice Chair
Senator Charlie Huggins
Senator Lesil McGuire
Senator Bill Wielechowski
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE JOINT RESOLUTION NO. 3
Proposing amendments to the Constitution of the State of Alaska
to increase the number of members on the judicial council;
relating to the initial terms of new members appointed to the
judicial council; and relating to the confirmation of members of
the judicial council.
- HEARD AND HELD
SENATE JOINT RESOLUTION NO. 7
Supporting the construction by American Indian Veterans
Memorial, Inc., of an Alaska Native, American Indian, and Native
Hawaiian veterans' monument in the nation's capital.
- MOVED SJR 7 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SJR 3
SHORT TITLE: CONST. AM: MEMBERSHIP OF JUDICIAL COUNCIL
SPONSOR(s): SENATOR(s) KELLY
01/21/15 (S) PREFILE RELEASED 1/9/15
01/21/15 (S) READ THE FIRST TIME - REFERRALS
01/21/15 (S) STA, JUD, FIN
02/19/15 (S) STA AT 9:00 AM BUTROVICH 205
BILL: SJR 7
SHORT TITLE: NATIVE AMERICAN VETERANS' MONUMENT
SPONSOR(s): SENATOR(s) WIELECHOWSKI
01/21/15 (S) READ THE FIRST TIME - REFERRALS
01/21/15 (S) STA
02/19/15 (S) STA AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
SENATOR PETE KELLY
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SJR 3.
HEATHER SHADDUCK, Staff
Senator Pete Kelly
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented information related to SJR 3.
KALYSSA MAILE, Staff
Senator Wielechowski
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided an overview of SJR 7.
MARCELLO QUINTO, President
Alaska Native Brotherhood
Juneau, Alaska
POSITION STATEMENT: Testified in support of SJR 7.
WILLIAM MARTIN, Past-President
Alaska Native Brotherhood
Juneau, Alaska
POSITION STATEMENT: Testified in support of SJR 7.
WILLIAM SHAKELY, Commander
Southeast Alaska Native Veterans
Juneau, Alaska
POSITION STATEMENT: Testified in support of SJR 7.
DAVID STEPHEN BOWERS, representing himself
Hollywood, Florida
POSITION STATEMENT: Testified in support of SJR 7.
RIC DAVIDGE, Director
Legislative Affairs
Vietnam Vets of America
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SJR 7.
MARY BROWN, representing herself
Juneau, Alaska
POSITION STATEMENT: Testified in support of SJR 7.
ACTION NARRATIVE
9:02:05 AM
CHAIR BILL STOLTZE called the Senate State Affairs Standing
Committee meeting to order at 9:02 a.m. Present at the call to
order were Senators Wielechowski, Coghill, Huggins, and Chair
Stoltze. He said SJR 3 and SJR 7 would be heard.
SJR 3-CONST. AM: MEMBERSHIP OF JUDICIAL COUNCIL
9:02:52 AM
CHAIR STOLTZE announced the consideration of SJR 3.
9:03:24 AM
SENATOR PETE KELLY, Alaska State Legislature, sponsor of SJR 3,
related that the resolution has been in process for two years
and there has been a lot of discussion on it.
CHAIR STOLTZE asked for an explanation of the bill.
SENATOR KELLY proclaimed that there is a problem with the Alaska
Constitution regarding the way members are selected for the
Judicial Council. Currently, the Judicial Council selects
nominees that are forwarded to the Governor and acts as a
gatekeeper for the third branch of Alaska's government. There
are problems in that the Constitution requires that the
selection is made with consideration for regional representation
and there are only six members on the Council. The Constitution
also requires three of the members to be attorneys.
CHAIR STOLTZE asked how the attorneys are selected.
SENATOR KELLY explained that they are selected by the Alaska Bar
Association, not by the people, the legislature, nor the
Governor. He said the individuals on the Bar are sincere and do
their homework, but there is no input from the public. Most
attorneys come from large cities, not rural Alaska, therefore
the representation is limited.
He related that there are also three public members on the
Council. Over time, only two public members have come from rural
Alaska.
9:08:13 AM
SENATOR KELLY detailed that the other problem with the Council
is that with a six-person Council, ties are possible, and the
tie breaker is the Chief Justice of the Alaska Supreme Court. He
said the names are forwarded to the Governor for selection, with
most ties going in favor of the attorneys. He called choosing to
not forward a name on to the Governor disturbing and aggressive
gatekeeping. He provided an example.
9:13:15 AM
SENATOR KELLY read from Vic Fischer's book regarding the
Missouri Plan, saying that the selection process withdraws the
control of the Judicial Branch away from the people and places
it under an organized Bar. He continued to say that no state
constitution has gone so far in placing a branch of government
beyond the reach of Democratic controls. He noted that the
Constitutional Convention members were warned by their own
consultants when they were examining the Missouri Plan in order
to create a Judicial Branch. He concluded that attorneys have
created their own judicial system and are able to control it via
tie votes being decided by the Chief Justice.
9:15:15 AM
SENATOR KELLY stated that another problem is there is no
confirmation hearing process. He termed Alaska an "elitist
state" in this matter. A third problem is that the provision in
the State Constitution regarding representation is not
attainable. The Chief Justice is also put in a predicament of
voting for the next potential Supreme Court member.
9:18:45 AM
SENATOR KELLY stressed that all other Boards must go through the
confirmation process, but the Judicial Council regulates their
own organization. He summarized that SJR 3 adds three additional
public members, requires confirmation, and removes the Supreme
Court Justice from having to vote when there are ties.
9:20:39 AM
HEATHER SHADDUCK, Staff, Senator Pete Kelly, Alaska State
Legislature, presented information related to SJR 3. She noted
on page 2, line 2, of the resolution it states that the Judicial
Council shall act by a majority vote of the quorum of at least
seven members and according to the rules which it adopts. She
explained that, currently, four out of the six members make a
quorum. The resolution sets the quorum at seven to allow both
attorneys and public members to have a say.
CHAIR STOLTZE said he has invited members of the Supreme Court
to testify.
9:23:26 AM
CHAIR STOLTZE held SJR 3 in committee.
SENATOR MCGUIRE joined the committee meeting.
9:23:58 AM
At ease.
SJR 7-NATIVE AMERICAN VETERANS' MONUMENT
9:24:58 AM
CHAIR STOLTZE called the meeting back to order. He announced
that SJR 7 was before the committee.
9:25:34 AM
SENATOR BILL WIELECHOWSKI, sponsor of SJR 7, stated that the
resolution was based on an idea from the Vietnam Veterans'
Conference to hold a nation-wide effort to get an American
Indian Veterans' Memorial in the nation's capital. He said he
sponsored a similar resolution several years ago, but time ran
out. It is an effort to recognize the tremendous efforts and
legacy of Native Americans and Native Alaskans. He noted there
is no cost associated with the resolution.
9:26:45 AM
KALYSSA MAILE, Staff, Senator Wielechowski, Alaska State
Legislature, provided an overview of SJR 7. She explained that
construction of a Native American Veterans' Memorial would give
formal recognition for generations of Native veterans who have
not been recognized in the nation's capital. In 1994, the Native
American Veteran Memorial Establishment Act allowed a memorial
to be built. Since then, support for a memorial has been
growing, and in December of 2013, an amended version of the Act
was passed. The memorial will be paid for by private donations
from a variety of organizations. She concluded that this
resolution expresses support for an American Indian Veterans
Memorial, which would recognize Native Americans who have served
in the military.
9:28:57 AM
SENATOR COGHILL asked if other states have similar resolutions.
MS. MAILE replied that Alaska would be the first state to pass a
resolution and Florida is working on a draft of one.
SENATOR COGHILL noted that there is an American Indian display
near the Mall in Washington, D.C. He asked if the organization
that sponsored that display is connected to the American Indian
Veterans' Memorial project.
MS. MAILE said yes. The organization has been working with
Vietnam Veterans' Fund for the memorial to be located near the
Vietnam Memorial.
9:30:18 AM
SENATOR COGHILL asked if other states had introduced similar
legislation.
MS. MAILE answered not yet.
CHAIR STOLTZE thought there was a WWII Native American statue.
SENATOR HUGGINS said that is correct.
CHAIR STOLTZE commented that it was inclusive of all Americans.
SENATOR HUGGINS noted that Alaska is lucky that it has veterans
in Congress. He asked if they had been contacted.
9:31:45 AM
MS. MAILE answered that the project has all the approval it
needs to go forward and is currently in the fundraising stage.
SENATOR WIELECHOWSKI announced that he would be happy to
continue to work with the Congressional delegation.
9:32:34 AM
SENATOR HUGGINS noted that Senator Sullivan is in town today and
he would speak with him about this effort.
CHAIR STOLTZE opined that Southeast Alaska communities and
families have paid a higher price per capita related to the
armed services.
9:33:55 AM
MARCELLO QUINTO, President, Alaska Native Brotherhood, testified
in support of SJR 7. He said he proudly served in the U.S. Navy
for four years. He stated it is time that Alaska Native veterans
are recognized for their service in many wars.
9:36:03 AM
WILLIAM MARTIN, Past-President, Alaska Native Brotherhood,
testified in support of SJR 7. He said they are pleased and
honored that Native Americans are being recognized for their
long history of service in the military. He concluded that they
served in order to protect their families. He noted that their
tribal organization will be writing a resolution in support of
SJR 7. He pointed out that a member of the Iwo Jima Memorial is
a Native American and he shared information about the Native
Code Talkers. He described the pride for those who served.
9:40:48 AM
WILLIAM SHAKELY, Commander, Southeast Alaska Native Veterans,
testified in support of SJR 7. He said they organized in 1995 in
order to help veterans who were not receiving their benefits. He
told a story related to designing the Code Talker medal. Five
Code Talkers are from Southeast Alaska.
9:42:47 AM
CHAIR STOLTZE requested the names of the Code Talkers.
MR. SHAKELY said they are Mark Jacobs, Jr., Harvey Jacobs,
George Lewis, Jeff David, and Richard Bean.
CHAIR STOLTZE said it would be appropriate to honor them.
MR. SHAKELY thanked the legislature for its support of Native
Alaska veterans.
9:45:06 AM
CHAIR STOLTZE noted former Representative Bill Thomas is very
supportive of recognizing veterans.
9:45:41 AM
SENATOR HUGGINS shared war stories about Native Alaskans serving
their country with pride.
9:48:31 AM
MR. SHAKELY told a story about a soldier from Hoonah who became
a sniper in WWII.
9:49:09 AM
DAVID STEPHEN BOWERS, representing himself, testified in support
of SJR 7. He related that he is a Seminole Indian and he works
for the tribe. He said he has been working on this project since
2010. He related how the initiative began. In 2013, Congress
approved a statue to be placed outside the National Museum of
the American Indian and the fundraising would be done by the
museum. He described his efforts to gather information, promote,
and fund the education center to be located underground.
9:58:53 AM
CHAIR STOLTZE thanked Mr. Bowers.
SENATOR HUGGINS thanked Mr. Bowers.
10:00:48 AM
RIC DAVIDGE, Director, Legislative Affairs, Vietnam Vets of
America, testified in support of SJR 7. He recalled when he
worked as the National Chair of Government Affairs for Vietnam
Veterans of America. The proposal was brought up as a concern
for the lack of representation of Native veterans. Since then,
there has been a lot of work done. He discovered that American
Natives were over-represented in war conflicts with no
recognition of that service. He said he is delighted to support
SJR 7.
10:02:52 AM
CHAIR STOLTZE thanked Mr. Davidge.
10:03:29 AM
MARY BROWN, representing herself, testified in support of SJR 7.
She noted she is Tlingit and daughter of a Coast Guard member,
sister of a Marine, and the proud mother of a son who served in
Desert Storm. She said she feels strongly about sharing her
feelings regarding this resolution. She shared her experience as
a mother of one who served and testified in favor of this
monument. She said she would like to see a monument in Alaska.
CHAIR STOLTZE closed public testimony.
10:09:14 AM
SENATOR WIELECHOWSKI moved to report SJR 7 from committee with
individual recommendations and attached zero fiscal note. There
being no objection, it was so ordered.
10:09:42 AM
There being no further business to come before the committee,
Chair Stoltze adjourned the Senate State Affairs Standing
Committee hearing at 10:09 a.m.