Page 1417 – Must Read Alaska

New sheriff in town: Repeal of SB 91 signed into law

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July 8, 2019

New sheriff in town: Repeal of SB 91 signed into law

While the Alaska Legislature had a wholly unproductive day working in two “sessions,” 800 miles apart, Gov. Michael J. Dunleavy fulfilled one of his campaign promises and signed into law House Bill 49, which repeals the legislation many Alaskans know as SB 91 — legislation that had been signed by Gov. Bill Walker that made Alaskans feel unsafe in their own homes.

HB 49 effectively repeals and replaces the law that led to a crime wave across Alaska during the Walker Administration. It strengthens sentencing for many categories of felonies, and gives judges back the discretion they need when deciding bail conditions. It also dramatically corrects the former “catch and release” revolving door.

“Alaska’s crime statistics have gone through the roof as verified by the FBI and members of our own administration. Our property crimes are higher than most places in the United States. Our sexual assault rates are unspeakable. We have one of the highest murder rates in the country. But that’s going to change with the advent of this bill being signed today,” said Dunleavy at the bill signing ceremony at the Department of Public Safety Lake Hood Hangar. “This isn’t going to fix it all, this is just the beginning. This is going to allow the thin blue line, Troopers, corrections, local police, all of law enforcement- it’s going to give them the tools to catch these criminals, hold these criminals, prosecute these criminals, and sentence these criminals.”

During his first address to the Legislature in January, Dunleavy reiterated his intent to get tough on crime.

“If you are a criminal, this is going to be a very dangerous place for you, starting now,” he said in his State of the State Address. “I suggest you get out while you can. No more coddling, no more excuses. Your days are over.”

Today, he reiterated that theme:

“To the criminals, I mentioned this in the State of the State speech: this is not your time, and this is the time to get out of the state. With signing this bill, we’re serious. If you’re going to try any prey on Alaskans we’re coming after you, we will prosecute you. If you hurt Alaskans, if you molest children, if you assault women, we’re really going to come after you. This has got to end,” Dunleavy said.

Watch the bill signing ceremony and listen to the remarks here:

“I want to thank everyone that worked on this bill, this was a huge effort by stakeholders across the spectrum, folks of the administration, but also folks in the legislature. I want to thank each and every legislator that worked on this bill and voted for this bill. Through your actions, Alaska is going to be a much safer place going into the future,” he said.

He noted that HB 49 was a collaborative effort with his team, including law enforcement officers; victims of crime and advocacy groups, prosecutors, and a bipartisan group of Legislators. Many of the criminal justice reforms signed into law today were part of the package of criminal justice reforms that Governor Dunleavy proposed earlier this year.

A few of the changes include:

Sex Offenses:

Sexual Assault in the Second and Third Degree – Changes the required mental state from “knowing” to “reckless” when the offender engages in penetration (sexual assault in the second degree) and sexual contact (sexual assault in the third degree) with a victim who is mentally incapable, incapacitated, or unaware that the sexual act is being committed.
Sexual Abuse of a Minor Sentencing – Makes sexual abuse of a minor in the third degree a sexual felony when there is a 6 year age difference, thus increasing the sentencing range from 0-2 to 2-12 years.
Indecent Exposure – Makes indecent exposure when the offender masturbates in the presence of an adult a class C felony and a class B felony if the offender masturbates in the presence of a person under 16 years of age.
Unlawful Exploitation of a Minor – Makes unlawful exploitation of a minor an unclassified felony if the person has been previously convicted of exploitation of a minor or the victim is under 13 years of age. Unlawful exploitation of a minor is currently a class B felony upon the first conviction and a class A felony if the person has been previously convicted.
Presumptive Sex Offense Sentencing – Clarifies that any prior felony counts as a prior felony for presumptive sentencing purposes in sex cases. This means prior felonies, even when they are a non-sex felony, trigger an increased presumptive range for a sex offense.
Out Of State Sex Offender Registration – Requires anyone convicted of a registerable sex offense in another state to register in Alaska if they are present in the Alaska.
Indecent Viewing – Makes indecent viewing or production of a picture of a child and production of a picture of an adult a registerable sex offense and sentenced as a sexual felony. Conduct involving the viewing of a picture of an adult would be a class A misdemeanor.
Soliciting Sex From A Minor – Deletes “online” from the crime of “online enticement of a minor” making any solicitation of a minor for sex a B felony.
Unwanted Images Of Genitalia – Makes repeatedly sending unsolicited and unwanted images of genitalia to another person harassment in the second degree (B misdemeanor).
Marriage Defense to Sexual Assault – Repeals marriage as a defense to sexual assault except in cases where there is consent and the conduct is illegal due to the nature of the relationship but-for the marriage (probation officer/probationer, peace officer/person in custody, DJJ officer/person 18 or 19 an under the jurisdiction of the Division of Juvenile Justice).

Drug Possession and Distribution:

Drug Possession – Makes it a felony to possess the most dangerous controlled substances upon the second conviction. (e., heroin, methamphetamine, cocaine, PCP, etc.). A 10-year look back period is added for drug offenses.
Drug Distribution – Returns distribution of most dangerous drugs to class B and A felonies from the current C and B levels and removes quantity as an element.
Methamphetamine Manufacturing and Distribution – Re-enacts the statutes combatting methamphetamine manufacturing and distribution.

Classification and Sentencing:

A Misdemeanor Sentencing – Remove 30-day presumptive sentence for A misdemeanors and returns discretion to judges to impose 0-365 days. Also increases the sentencing range for B misdemeanors from 0-10 days to 0-90 days.
Threats – Creates a generalized terroristic threatening statute to address threats of harm even when not a false threat such as school shootings.
Felony sentences – Increases felony sentencing from current law.

Probation Lengths – Increases the maximum probation length for sex felonies to 25 years and 10 years for all other offenses.
Failure to Appear – Removes the 30 day grace period for FTA to ensure better enforcement for defendants appearing in court for the hearings, including trial.
DUI Mandatory EM for 1^st – Eliminates electronic monitoring or house arrest as being mandatory for 1^st DUI returning discretion back to the commissioner of the department of corrections.
ASPIN Use At Grand Jury – Allows APSIN (rap sheet) to be used at grand jury when an element of the offense requires proof of prior convictions.
Involuntary Commitments – Requires the Alaska Court System to transmit information regarding involuntary commitments that have occurred since January 1, 2011 to the Department of Public Safety.
Driving While License Suspended– allows for first-time incidents involving an administrative suspension will be a violation. The sentence for subsequent administrative suspension and all court revocations will remain a class A misdemeanor.
Disorderly Conduct– disorderly conduct remains a class b misdemeanor, but for a first offense, a term of imprisonment shall not exceed 72 hours. All subsequent offenses up to 10 days.

Pretrial:

Keeps current Pretrial Services Program except – Removes presumption of release from the risk assessment tool. Discretion is given back to the judge.
- Adds language that a person may request a bail review hearing based on inability to pay only if the person can show that they made a good faith effort to post required bail.
Increase Use of Video-Teleconferencing – Encourages the use of videoconferencing for all pretrial court hearings.
Treatment While Out on Pretrial Release – Caps the amount of jail credit that can be awarded to a defendant who does treatment while on pretrial release at 365 days.

Probation and Parole:

Caps on Sanctions for Technical Violations and Absconding – Repeals the caps on the sanctions for technical violations (currently 3, 5, and 10 days for the first three violations respectively) and absconding (up to 30 days). Returns discretion to judges and the parole board to impose a sanction appropriate for the offender, the type of violation, and the underlying offense.
Earned Compliance Credits –Reduces the accrual to 1/3 of their probation or parole time and prohibits sex offenders, unclassified offenders, those convicted of felony crimes against a person, and a domestic violence crime against a person from participating in the program.
Early Termination Of Probation And Parole – Returns to a true recommendation of the probation or parole officer instead of a mandated recommendation after 1 or 2 years without violation.
Discretionary Parole– requires that the board consider suitability for parole of a prisoner who is eligible for discretionary parole if the prisoner had no disciplinary action imposed during incarceration. However, if the prisoner did have disciplinary action imposed, they would then have to apply to be considered for discretionary parole. This returns discretion to the board for those whose behavior while incarcerated may indicate a danger to themselves or the public if released.
Parole Eligibility – Returns to restricting what crimes are eligible for discretionary parole. Makes the following crimes ineligible:
- Non-sex class A felonies (Robbery 1, Assault 1, Arson 1, Escape 1, MIW 1);
- B felonies if the person had one or more prior felony convictions; ***except for manslaughter
- C felonies if the person had two or more prior felony convictions; and
- B and C sex felonies (Sexual Assault 2, Sexual Abuse of a Minor 2, Distribution of Child Pornography).
- Note: Unclassified and class A sex felonies have always been ineligible for discretionary parole.

Parole Release Presumptions – Returns discretion to the parole board by eliminating a presumption of release.
Good Time For Electronic Monitoring – Eliminate reduction of sentence using good time calculation while on electronic monitoring

Why Anchorage can’t have nice things

The Social

Suzanne Downing

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July 8, 2019

24

Anchorage Community Development Authority’s head cheese Andy Halcro is supposed to represent the biggest city in Alaska and grow business. But just as when he was president of the Anchorage Chamber of Commerce, he’d rather fight with people than grow the economy.

Under his watch, Nordstrom has decided to pull out of the building Halcro’s agency manages, a major blow to the downtown business district.

In other news, Halcro has begun dropping F-bombs on the gentle people of social media, using his sharp tongue to attack anyone who dares cross or disagree with him.

Here is Halcro going off on the elderly gentleman many know as the now-retired Rep. Bob Lynn, who is known as such a nice man that he has no natural enemies.

And of course, The MRAK Social has already called attention to the Halcro cursing of the Alaska Chamber of Commerce, of which he says he is a member. He actually has not been a member for years, but details…

Halcro prides himself with his deep friendship with Sen. Lisa Murkowski. Does his uncontrollable rage now help or hurt her brand? Do his foul-mouthed rants help or hurt Mayor Ethan Berkowitz with his brand?

Murkowski may want to distance herself. But considering Berkowitz’s brand, maybe they’re two peas in a bloodsport pod:

MRAK Almanac: Rallies for PFD, others for state spending

Almanac

SENIOR CONTRIBUTOR

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July 8, 2019

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MRAK Almanac: Rallies for PFD, others for state spending

The MRAK Almanac is your place for political, cultural, and civic events, where you’ll meet political leaders or, if you are interested in getting to know your state, these are great places to meet conservative- and moderate-leaning Alaskans.

Denali Climbing Report—the final issue:

As of last Friday, there were 122 climbers still on Denali. A total of 1,107 climbs have been completed this season with 697 hardy mountaineers reaching the summit of North America’s highest peak. That makes for a summit percentage of 63 percent, which considering all that can go wrong at 20,000 feet, is not too bad. The 2019 climbing season is now complete.

From the National Park Service: “All basecamp managers are DONE and out for the season!”

7/8: Regular meeting of the Fairbanks City Council at 6:30 pm. The agenda is set to include public comment on marijuana cultivator Goodsinse’s application for renewal, as well as proposed ordinance 6109 which removes the city tax cap. Agenda here.

7/8: An evening lecture with brothers Terrence and Dermot Cole at the UAF Davis Concert Hall—7 pm. Come if you agree with them, and also if you don’t. Should be an interesting time. Facebook link here.

7/8: Full PFD rally at Newcomb Park in Wasilla, starting at 11 am. Free hot dogs and beverages for those who bring a sign in support of a statutory PFD. Further info here.

7/8: Regular meeting of the Seward City Council, starting at 7 pm. Read the agenda here.

7/8: The Wasilla City Council will gavel in for a regular meeting at 6 pm. On tap for tonight is discussion of a new domestic animal ordinance and the acceptance of new funds from the Mat-Su Borough. Find the agenda here.

7/8: Override the Vetoes Rally at the Fairbanks Legislative Information Office. Organized by the UAF student government, and will run all day beginning at 9 am.

7/8: Regular meeting of the Ketchikan City Council at 7 pm. Read the agenda here.

7/8: Veto override rally at Lake Wasilla, beginning at 6:30 pm. Further details here.

7/8: The Alaska Interior Marksmanship Committee is sponsoring a Bring Whatcha Got Pistol Shoot at the ADF&G shooting range in Fairbanks. Fee to participate is $15, and the event begins at 7 pm. Facebook link here.

7/8: Veto override rally outside the Capitol Building in Juneau. Starts at noon. Read more here.

7/8: Demonstrate your support for Governor Mike Dunleavy by showing up at Wasilla Middle School at 1 pm. The Mat-Su Republican Women’s Club will be offering free refreshments outside. Facebook link here.

7/9: Regular meeting of the Anchorage Assembly at 5 pm. The agenda is packed, but highlights include a proposed resolution in opposition to Governor Dunleavy’s vetoes for the FY2020 state budget and a proposed ordinance increasing the age for tobacco purchases to 21. Read the full agenda here.

7/9: Regular meeting of the Sitka Assembly, gaveling in at 6 pm. Find the agenda at this link.

7/9: Interested in working for the 2020 U.S. Census? There will be an informational presentation at the Mat-Su Job Center at 11 am.

7/9: The Palmer City Council will hold a regular meeting at 7 pm. The council is set to hold another public hearing on the proposal to enact term limits for the city mayor and council members, which may appear as a non-binding advisory question on the October 1 ballot. Full agenda here.

7/9: The State of Alaska Alcoholic Beverage Control Board will meet in Fairbanks at 9am in the FNSB assembly chambers. Read the agenda here.

7/9: Want to (safely) stare at the sun? There will be a specialized solar telescope at the Soldotna Public Library from 2:30-3:30 pm for the public to enjoy, with expert Andy Veh present to explain how it works. Read more here.

7/9: Monthly meeting of the Alaska Sports Car Club in Anchorage at 7 pm. Further details here.

7/9: Regular meeting of the Kodiak Island Borough Assembly at 6:30 pm. The assembly will be hearing a report on their 2019 state audit, as well as holding a period of public comment. Find the agenda here.

7/9: 27^th annual Alaska Flag Day celebration in Anchorage, hosted by AK Child & Family. There will be food, games, and fun for the whole family starting at 5:30 pm. Further details here.

7/9: The North Slope Borough, Alaska’s largest organized borough, will hold a regular assembly meeting at 1:30 pm. Agenda includes a monthly financial report, as well as public comment on several ordinance proposals. Find the draft packet here.

7/9: Override the Vetoes rally at the Alaska Airlines Center in Anchorage. Starts at 5:30 pm. Live music by Portugal. The Man (Lords of Portland). More info here.

7/9: Lunch on the Lawn at the Anchorage Library, starting at 11:30 am. There will be free live music and fun for the whole family. Food trucks will also be present with interesting local cuisine.

7/9: The Mat-Su Electric Association will hold an informational meeting on their current clearing and easement efforts underway in the Chugiak and Eagle River communities. Begins at 6 pm at Jitters in Eagle River, more information here.

7/9: Anchorage Young Professionals monthly networking meeting starting at 4 pm at the Anchorage Chamber of Commerce. Open to both members and non-members of the Anchorage Chamber. Read more here.

7/9: Regular meeting of the Bethel City Council at 6:30 pm. The council will consider changes to the Bethel alcoholic beverage code and hear an update on the search for a new city attorney. Find the agenda here.

Alaska History Archive:

July 8, 1898—121 years ago: Jefferson Randolph “Soapy” Smith, known to most Alaskans simply as Soapy Smith, died in Skagway at the age of 37—the result of a fatal gunshot wound to the chest. Smith was well known in the Old West as a gangster and trickster, and got his name from the famous “Prize Soap” racket in which he would wrap a bar of soap with a $100 bill, throw it in a bin with hundreds of normal soap bars, and charge onlookers to try and find the prize bar. After conning a Skagway miner out of a sack of gold and refusing to return it, he was shot in the chest by a local guard. To this day, you can visit Smith’s grave at the Skagway cemetery.

July 8, 1923—96 years ago: President Warren G. Harding arrived in Alaska, making history by becoming the first president to visit the territory while in office. Dubbed the “Voyage of Understanding” by Harding’s administration, the trip included several stops in southeast Alaska and a rail trip from Seward to Fairbanks in order to see the new University of Alaska, then only six years old. During his visit, Harding also drove in the famous Golden Spike, signifying the end of construction for the Alaska Railroad.

Veto protesters target legislators in their homes

Suzanne Downing

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July 7, 2019

51

Veto protesters target legislators in their homes

PUBLISHED SCHEDULE OF PROTEST EVENTS THIS WEEK IS EXTENSIVE

Various opposition meetings are being held around the state, with talking points and with the names and phone numbers of legislators to target.

Some have even gone so far as to knock on the front doors of homes where Republican legislators live, and ask them to vote to override the vetoes of Gov. Michael Dunleavy.

Because of safety concerns, Must Read Alaska is not naming the two legislators who have had these coordinated groups with video cameras doing “personal visits” at their homes, filming their encounters with lawmakers.

At least one legislator has received a threat that he reported to Must Read Alaska.

But the legislators who have been targeted say they are not bowing to what is a clearly an intimidation tactic.

[Read: The week ahead, deafening protests]

In a city where many feel unsafe to answer their front doors already, Anchorage legislators who are on the record in support of Gov. Dunleavy are having second thoughts about answering the knocks this weekend, after word started spreading about the unwelcome invasion of their private lives.

A major reason that the presiding officers Senate President Cathy Giessel and Speaker Bryce Edgmon gave for not going to Wasilla for Special Session is because it’s not safe for them. For minority Republicans, it’s not Wasilla that feels dangerous; it’s radical leftists in Anchorage who think it’s ok to intimidate lawmakers in their homes.

At Sand Lake Elementary School on Sunday, a small group of concerned citizens gathered to get the talking points and contact information for the legislators that the Leftists want them to target.

The weeklong schedule of the “Week of Action” to try to turn a few votes into override votes was passed out to participants at the meeting:

At least one of the protests is planned for Wasilla on Monday, where 22 or more members of the Legislature are gathering because that is where the governor called the Special Session.

Another group, including a high school marching band and the mayor of Wasilla, will be there to welcome the legislators, who have no plans to try to replicate an actual session; they are just showing up where they think it is legal to do so. They’re planning a press conference for about 1:15 pm.

There’s also a veto-override rally planned for noon on Monday at the Capitol in Juneau.

The special session starts at 1 pm. Many of the lawmakers who travel to Juneau are expected to vote to override the governor’s vetoes, and they’ll have the support of state workers and state retirees who will rally on their lunch hour.

The protesters are already targeting oil companies in their messaging, saying that the companies are paying too little in taxes, and that they should be forking over the money.

The flyer above says oil companies only pay 15 cents per “gallon” of oil. That’s an amazing statement since no one uses “gallons” as a metric for oil. The Alaska gas tax is 15 cents a gallon. Alaska oil tax, including severance tax, corporate income tax, property tax, and royalties, is much higher but is calculated in barrels on a sliding scale, depending on the price of oil.

The week ahead: That roaring in your ear will be protesters turning up the volume

Suzanne Downing

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July 7, 2019

54

The week ahead: That roaring in your ear will be protesters turning up the volume

IT’S ALL IN REACTION TO 12.5 PERCENT CUT TO THE STATE BUDGET

The week of July 7-14 will be unusually political for midsummer in Alaska. Some will be fishing, of course. Others will be gnashing their collective teeth and sharpening their metaphorical knives over the cuts to the 2020 operating budget.

There will be protests, more letters to the editor, public pronouncements, and even Portugal. The Man (band) will be headlining a protest at the Alaska Airlines Center on the UAA campus on Tuesday for a veto protest concert and rally.

On Monday, the Legislature will gavel in in two places:

In Juneau, the presiding officers Sen. Cathy Giessel and Rep. Bryce Edgmon will gavel in at 1 pm. They’ll have about 35 of the 60 legislators with them.

In Wasilla, about 22 legislators will gather without the official presiding officers. These are the Republicans who believe that since the governor called the special session location at Wasilla, the Legislature is legally required to at least start its proceedings in Wasilla, and then vote on whether to move the special session to Juneau, Anchorage, or elsewhere.

The Wasilla group will be greeted by the Colony High School Marching Band, some baked goods from locals, and a welcome from the mayor.

Likely there will be a handful of legislators who will not be in either location due to excused or unexcused absences.

Aside from the unprecedented nature of having the Legislature convene in two locations, the only thing on the agenda for this special session is the Permanent Fund dividend, unless the session convenes in Wasilla as requested by the governor, in which case items on the capital budget will be added to the call.

In Juneau, the calendar shows that the bicameral working group that has been considering the fate of the Permanent Fund dividend will meet at 9 am on Monday to receive the report from the group. They’ll meet in Senate Finance Room 532.

At 2 pm on Monday, the House Finance Committee will meet in Room 519 in the Capitol to hear an appropriation bill — origins unknown — that would transfer a sum as authorized under statute from the Earnings Reserve Account of the Permanent Fund to the dividend for payment of a full statutorily defined dividend to qualified Alaskans.

Among those on the House Finance Committee who will be missing will be members of the Republican Minority, who contend that the Juneau session is not legitimate or even legal because the governor called the session in Wasilla. They are: Reps. Cathy Tilton, Ben Carpenter, Kelly Merrick, and Colleen Sullivan-Leonard.

Seven other members of House Finance will probably be in Juneau: Reps. Tammie Wilson and Neal Foster, who are co-chairs, Jennifer Johnston, who is vice chair, Daniel Ortiz, Gary Knopp, Bart LeBon, and Andy Josephson.

The same piece of legislation is on the calendar for 9 am Tuesday in House Finance.

From the moment the clock turns to 1 pm on Monday, lawmakers have five days to overturn the governor’s $400 million in vetoes to the operating budget.

The vote to override will likely take place on Tuesday, Must Read Alaska has learned, and the Legislature must have 45 votes to override. Currently, it’s about six votes short, and fewer than 38 members are expected to show up in Juneau. Some of them will not bow to the pressure that is building among the various groups that are making up a loose coalition that is leading the charge to try to override.

Over the past several days, dozens of opinions have been published objecting to the vetoes and imploring an override. The former state Attorney General, Jahna Lindemuth, even wrote a published opinion the vetoes of the budget are unconstitutional. It was an extraordinary pronouncement for the woman entrusted with upholding the law:

“Make no mistake about it: Every Alaskan will be negatively impacted by the governor’s budget cuts. The cuts are deep and wide, and will change our collective way of life unless the Legislature votes to override the cuts. Because services and programs that Alaskans – especially our most vulnerable – count on every day are at stake, Alaska’s constitution is implicated. Unlike every other state, Alaska’s constitution, the foundational document of our state government, mandates that the governor and the Legislature protect the health, safety and welfare of this great state for all Alaskans. That is the very purpose of our state government. The governor’s cuts are not only irresponsible, they are unconstitutional,” she wrote.

Lindemuth is making the extraordinary pronouncement that the 12.5 percent cut to the state budget violates the Alaska Constitution.

“Taken alone, any one of these cuts may not violate the constitution. But collectively, the cuts are unconstitutional because they threaten public safety and the welfare of all Alaskans. Crime will increase exponentially if the Legislature does not reverse these cuts,” wrote the woman who presided over the worst crime spree in Alaska history under former Gov. Bill Walker.

Last week, the Foraker Group held a teleconference with nonprofit groups across Alaska, not advising them how to adjust to the new reality of how budget cuts will trim their grants, but telling them how to effectively protest those cuts.

As the week moves along, expect more chest beating, more pronouncements of doom by others who share Lindemuth’s opinion of the Constitution. Expect more letters to the editor, and maybe even a legal threat or two.

The five-day clock for veto overrides begins Monday at 1 pm and ends on Saturday at 1 pm. The time between those points will be deafening with unions, Democrats, and furloughed university workers joining forces to try to force spending back into the budget.

Pebble comment period closes: 94,000 received

The 907

Suzanne Downing

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July 7, 2019

5

Pebble comment period closes: 94,000 received

In what some may view as a drop in public interest, 94,363 comments were received by the U.S. Army Corps of Engineers during the 120-day comment period for the draft environmental impact statement on the Pebble Project.

Among the comments was a petition from the World Wildlife Fund with 219,885 signatures on over 3,430 pages, which the Corps is evidently treating as one comment. The petition was begun in 2018. Indeed, most of the comments received were form letters prompted by Lower 48 environmental groups.

The comment window was originally 90 days, but at the request of Sen. Lisa Murkowski and others, the Army Corps the deadline it to July 1.

The 94,000 comments is far less than the 1.1 million comments received for the draft Bristol Bay Watershed Assessment produced by the Environmental Protection Agency in 2012-2013. In 2014, the EPA’s “proposed determination” received 614,000 comments, and the July 2017 notice by the EPA to withdraw the 2014 proposed determination received another 1 million comments.

Why the drop-off in comments for what is the most substantial environmental review to date is hard to gauge. But the Draft EIS received fewer than 10 percent of the comments of the Bristol Bay Watershed Assessment, even though the comment period was extended.

The final environmental impact statement is expected to be released in 2020 and a record of decision would be announced later next year.

The Pebble Project is a proposed mine that opponents say will harm the watershed in Bristol Bay. It is located on State mining lands in Western Alaska that is a copper, gold, and molybdenum mineral deposit.

Watch this video of National Guard dropping water on Montana Creek fire

The 907

Suzanne Downing

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July 6, 2019

1

Watch this video of National Guard dropping water on Montana Creek fire

On Thursday, the Alaska National Guard deployed two UH-60 Black Hawk helicopter aircrews, from 1st Battalion, 297th Aviation, to perform water drops over the Montana Creek Fire south of Talkeetna. (Video courtesy of Spec. Michael Pearson.)

The fire did not grow significantly on Friday and was estimated at 344 acres. It was 10 percent contained, and the size is expected to grow. It’s burning 13 miles south of Talkeetna and three miles east of the Parks Highway around Mile 96.

According to the State of Alaska Wildfire Information page:

A dozer line was completed on the north side of the fire on Friday and the University of Fairbanks Type 2 crew laid hose around that section of the line to begin mop-up operations.

The White Mountain Type 2 Initial Attack Crew from Fairbanks arrived at the fire on Friday and began working with the Baker River Interagency Hotshot Crew to laying hose on the south end of the fire. The dozer line and hose lay should be completed around the entire perimeter by the end of shift today. Mop-up operations on the southern perimeter will proceed once the dozer line and hose lay are complete.

Structure protection assessment and preparations have been completed and the Structure Protection Group which includes a strike team of four engines from the Alaska Division of Forestry, a task force from Joint Base Elmendorf Richardson(JBER), and engines and tactical water tenders from Matanuska-Susitna Borough fire departments will remain in place to support the suppression operations.

There are 104 people working on the fire with an additional crew in route to the fire on Saturday, and another crew coming in to assist with with mop-up. Despite the hot, dry conditions, minimal fire behavior was observed on Friday. The fire was mostly creeping and smoldering on the surface with occasional single-tree and group tree torching.

Given the hot, dry conditions, fire managers’ primary concern is a north wind pushing the fire south across the containment line into thick and continuous black spruce.

Twenty-nine residences closest to the fire remain in a “Level 1: Ready” evacuation status. This is not an evacuation order but a notice that there is a threat in the area and people should be aware that an evacuation may become necessary at some point in the future.

Mia Costello: Why I’ll be in Wasilla

Columns

Suzanne Downing

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July 6, 2019

65

After 120 days in the regular session and a 30-day special session in Juneau, the Alaska Legislature still has a lot of work to do.

Gov. Mike Dunleavy called a new special session in Wasilla — but the presiding officers in the House and Senate don’t like the “in Wasilla” part, so they have decided to simply ignore it.

It’s not clear why they have chosen to pick this particular fight with the governor — especially now, with the dividend, capital budget funding and line-item vetoes all hanging in the balance. And it isn’t clear they can do that. It isn’t in the Alaska Constitution, and it isn’t in statute.

There is no question that the governor can call a special session — that’s in the Constitution. And there’s also no question that the governor can specify the location of the call — that’s in statute. It’s very clear — under current law, he can do all that.

So why do the presiding officers believe they can simply decide on their own to hold the session somewhere else? The crux of leadership’s argument is that the Constitution doesn’t explicitly say the governor can specify the location of the session, so the Legislature shouldn’t feel bound to follow that part.

Well, the Constitution also doesn’t explicitly say the governor can say when the session starts. Based on their argument, the Legislature doesn’t have to go into session when he says, any more than where he says. And if he doesn’t have the power to say when and where the session is, he doesn’t really have the power to call the session at all — and that just can’t be right.

That doesn’t mean the Legislature is completely at the governor’s mercy. The Constitution gives the Legislature the ability to call its own session — it just requires 40 votes. The leaders’ problem is that they don’t have those votes. That’s why their attempt to unilaterally move the location of the governor’s session has the appearance of a cynical attempt to ignore rules they don’t like.

I know that some people — voters and legislators — oppose the idea of a special session in Wasilla. I’ve heard all the arguments, pro and con. I’ve heard concerns about inordinate costs and concerns about adequate facilities. These are practical matters we must address, and I’m confident that we can.

Other arguments against having a special session in Wasilla are less legitimate. I’ve heard some legislators express concern that they may not be safe in the midst of Valley residents; I think that’s ridiculous.

Sadly, I have also heard vulgar slurs against Valley residents and disdain for the communities there. Such statements are hateful and hurtful, and are unbecoming of Alaskans.

But legitimate or not, these arguments all miss the point. The governor has the power to specify where and when the session will happen. He has done so.

Only one constitutional call for a special session has been issued, and the governor issued it. It doesn’t matter how we feel about the governor’s call, or Wasilla, or the governor himself. All that matters is that we follow the Constitution and we follow the law.

That’s what I’m going to do. I’ll see you in Wasilla.

Mia Costello is the Senate Majority Leader who represents West Anchorage.

Sen. Costello, Rep. Pruitt cobble a compromise on Special Session

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Suzanne Downing

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July 5, 2019

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Sen. Costello, Rep. Pruitt cobble a compromise on Special Session

BREAKTHROUGH? GOVERNOR AGREES TO AMEND CALL TO INCLUDE SOME CAPITAL BUDGET ITEMS

Senate Majority Leader Mia Costello and House Minority Leader Lance Pruitt today asked Gov. Michael Dunleavy to add federal match dollars for airport and highway projects in the Department of Transportation capital budget to the call for the second legislative special session.

“The members of the Alaska House and Senate who are supporting the constitutional call in Wasilla believe we have found a solution to this challenge. To help keep our state moving forward, we respectfully request that you add ‘state general fund match for airports and road programs in DOT&PF’ to your proclamation calling the legislature into special session on July 8th, 2019.

“With this language added to the call, we will be able to successfully fund these critical projects while we address the matter of the permanent fund dividend which you have placed on the call. We hope that you will give our request full consideration,” Costello and Pruitt wrote.

Late Friday, they got their answer: Gov. Dunleavy has agreed to amend his call for special session, on the condition the Legislature meets in Wasilla on Monday:

“At this point, the legislature needs to understand that the only path to a solution involves working with the governor and each other,” said Sen. Costello. “I hope that when the legislature arrives in Wasilla on Monday, that they’ll be ready to address the issues that Alaskans need addressed, such as funding for roads and infrastructure, and the PFD.”

Earlier today, Sen. Costello announced publicly that she would be attending the special session in Wasilla.

How many legislators will go to Wasilla, and how many to Juneau is still up in the air. At least 16 Republicans in the House plan to go to Wasilla, where Gov. Dunleavy has called the special session, and about six in the Senate will as well. Democrats in the House, and a handful of Republicans who collaborate with them may end up in Juneau, where Speaker Bryce Edgmon and Senate President Cathy Giessel say they will convene the Senate because they don’t want to go to Wasilla.

A private citizen spoke to Must Read Alaska today and is planning to ask for a legal injunction against the Juneau venue, because Gov. Dunleavy named Wasilla as the location of the second special session, and some view the Juneau decision as contrary to law.

“Roads are crucial to our economy, and we simply cannot allow legislative gridlock to jeopardize our roads.” said Rep. Pruitt. “I hope the governor will act on our request quickly and that our colleagues in the Senate will recognize the urgent need to come together in Wasilla to ensure that our road funding is secure.”

Sen. Mike Shower, of Wasilla, said, “I’m encouraged that our leaders are willing to put important road and infrastructure projects before politics. I look forward to supporting these projects during our upcoming special session.”

Even freshman legislator Rep. Kelly Merrick of Eagle River praised the effort to get some of the more critical capital spending projects onto the call, to relieve the stresses on those in the building trades. The deadline on many of those projects is around the end of July for work that will proceed in 2021.

“I encourage Governor Dunleavy to add this to the call for the second special session,” Merrick said. “These projects are crucial for Alaskans, and will provide jobs, economic growth, and ensure the safety of our families.”

Monday is the start date for the second special session, but at this point it looks like the Legislature is split on whether to honor the statute, which gives the governor the authority to name the venue.

Must Read Alaska has also learned that those going to Juneau will attempt to override the governor’s vetoes as early as Tuesday, but they’ll be missing at least 22 members, who will be convening at Wasilla Middle School. The Legislature needs 45 of 60 members to override the governor’s vetoes.

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Sen. Costello, Rep. Pruitt cobble a compromise on Special Session

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