Legislature(2009 - 2010)CAPITOL 106

04/09/2009 08:00 AM STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 58 MARMOT DAY TELECONFERENCED
<Bill Hearing Rescheduled to 04/11/09>
+ SB 72 CHILD SAFETY SEATS & SEAT BELTS TELECONFERENCED
<Bill Hearing Rescheduled to 04/11/09>
*+ HB 76 LEGISLATIVE COUNCIL & LB&A MEMBERSHIP TELECONFERENCED
Scheduled But Not Heard
+ HJR 31 SUPPORT SOLDIERS' BURIAL DESIGNATIONS TELECONFERENCED
Heard & Held
+ HB 106 VILLAGE & REGIONAL PUB.SAFETY OFFICERS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 24 PROCUREMENT PREFERENCE FOR VETERANS TELECONFERENCED
Moved CSHB 24(MLV) Out of Committee
HB 106-VILLAGE & REGIONAL PUB.SAFETY OFFICERS                                                                                 
                                                                                                                                
9:13:41 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  announced that the  last order of business  was HOUSE                                                               
BILL NO. 106, "An Act  relating to village public safety officers                                                               
and regional public safety officers."                                                                                           
                                                                                                                                
[Before the committee was CSHB 106(CRA).]                                                                                       
                                                                                                                                
9:14:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   REGGIE   JOULE,    Alaska   State   Legislature,                                                               
introduced HB  106 as  prime sponsor.   He  reviewed that  in the                                                               
Northwest  Arctic, the  regional  nonprofit corporation  provides                                                               
public  safety  services.    He said  the  borough  and  Maniilaq                                                               
Association are in mutual agreement  that the borough should take                                                               
over the program from the  Department of Public Safety (DPS), but                                                               
this   cannot   be   done    without   changing   existing   law.                                                               
Representative Joule  referred to  the language  in Section  2 of                                                               
[CSHB 106(CRA)], which read as follows:                                                                                         
                                                                                                                                
     *Sec. 2. AS 18.65.670(b) is amended to read:                                                                             
          (b)  With funds appropriated for that purpose,                                                                        
     the commissioner of public  safety shall provide grants                                                                    
     to  nonprofit regional  corporations or  municipalities                                                                
     for village  public safety officers  in rural  areas of                                                                
     the state  and municipalities with populations  of less                                                                
     than 10,000.   The commissioner of  public safety shall                                                                
     coordinate  with the  commissioner of  corrections when                                                                    
     providing   grants   under   this  section,   and   the                                                                    
     commissioners shall  jointly execute an  agreement with                                                                    
     the nonprofit regional  corporations or municipalities.                                                                
     For areas within a borough  that exercises areawide law                                                                
     enforcement  powers,   the  commissioner   may  provide                                                                
     grants under this section only to the borough.                                                                         
                                                                                                                                
REPRESENTATIVE  JOULE said  the  regional nonprofit  corporations                                                               
expressed concern  that that  wording would  leave the  door open                                                               
for  DPS to  "bypass" them.   He  drew attention  to a  committee                                                               
substitute (CS)  for HB 106,  [Version 26-LS0402\T],  which would                                                               
"allow  the  department  to  enter into  an  agreement  with  the                                                               
municipality,  which  would  be  inclusive  of  a  borough,  when                                                               
there's  an agreement  between the  department  and the  regional                                                               
nonprofit [corporation]."   The language in Section  2 of Version                                                               
T read as follows:                                                                                                              
                                                                                                                                
     *Sec. 2. AS 18.65.670(b) is amended to read:                                                                             
          (b)  With funds appropriated for that purpose,                                                                        
     the commissioner of public  safety shall provide grants                                                                    
     to  nonprofit regional  corporations or  municipalities                                                                
     with  populations  of  less  than  10,000  for  village                                                                
     public  safety officers  in rural  areas of  the state.                                                                
     The  commissioner  of  public safety  shall  coordinate                                                                    
     with  the commissioner  of  corrections when  providing                                                                    
     grants under this section,  and the commissioners shall                                                                    
     jointly  execute   an  agreement  with   the  nonprofit                                                                    
     regional  corporations    or  municipalities.    Before                                                                
     providing  a   grant  to  a  municipality   under  this                                                                
     section,  the  commissioner   of  public  safety  shall                                                                
     obtain  the  concurrence   of  the  nonprofit  regional                                                                
     corporation for the area.                                                                                              
                                                                                                                                
9:17:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  moved to  adopt the  committee substitute                                                               
(CS) for  HB 106,  Version 26-LS0402\T,  Luckhaupt, 4/2/09,  as a                                                               
work draft.                                                                                                                     
                                                                                                                                
9:17:18 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  objected to ask  a question.   He noted                                                               
that Section  4, on page 2,  lines 14-16, of the  House Community                                                               
and Regional  Affairs Standing Committee version  was eliminated,                                                               
and he asked why it was there and why it was removed.                                                                           
                                                                                                                                
9:18:27 AM                                                                                                                    
                                                                                                                                
ELIZABETH SAGALAQ  HENSLEY, Intern, Representative  Reggie Joule,                                                               
Alaska  State Legislature,  on  behalf  of Representative  Joule,                                                               
prime  sponsor of  HB 106,  responded  that the  removal of  that                                                               
language  was the  bill  drafter's choice,  and  she offered  her                                                               
understanding  that it  was  a matter  of  being consistent  with                                                               
current law.                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOULE  indicated that  that language  had referred                                                               
to a regional  village public safety officer (VPSO),  and he said                                                               
that program no longer exists.                                                                                                  
                                                                                                                                
9:19:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUNEBERG removed his objection.                                                                                 
                                                                                                                                
9:20:25 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN  announced that  there  being  no further  objection,                                                               
Version T was before committee.                                                                                                 
                                                                                                                                
9:20:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON noted that language  on page 2, line 8, of                                                               
Version T,  read:  "The  commissioner of public safety  may adopt                                                               
regulations  related  to village  public  safety  officers".   He                                                               
asked  if  it  is  the  sponsor's  wish  to  leave  this  to  the                                                               
discretion of the commissioner or if  he would like to direct the                                                               
commissioner.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  JOULE responded  that that  language is  found in                                                               
current law,  and he said he  has not heard of  any problems with                                                               
the way the language is currently structured.                                                                                   
                                                                                                                                
9:21:27 AM                                                                                                                    
                                                                                                                                
SIIKAURAQ  MARTHA  WHITING,   Mayor,  Northwest  Arctic  Borough,                                                               
testified in  support of HB  106.   She listed the  borough's top                                                               
three priorities:   to bring down the cost of  energy, to acquire                                                               
new sources of revenue, and  to ensure the safety of communities.                                                               
She said  there is a  Northwest Arctic Leadership Team,  which is                                                               
comprised  of   the  NANA  Regional  Corporation,   the  Maniilaq                                                               
Association, the  Northwest Arctic  Borough School  District, and                                                               
the Northwest  Arctic Borough.   In 2006,  the membership  of all                                                               
four  boards got  together to  consider all  areas of  education,                                                               
health   care,  healthy   communities,  culture,   language,  and                                                               
societal issues.   At that time,  she said, the team  agreed that                                                               
the  best organization  to  oversee public  safety  would be  the                                                               
Northwest  Arctic   Borough.    Currently,  she   said,  Maniilaq                                                               
Association takes  care of  the VPSO  program and  public safety.                                                               
She said Maniilaq Association is a health [association].                                                                        
                                                                                                                                
9:23:03 AM                                                                                                                    
                                                                                                                                
MAYOR WHITING stated  that in 2006, the  Northwest Arctic Borough                                                               
was  directed to  take care  of the  public safety  needs in  the                                                               
region.   The borough  has a public  safety commission,  which is                                                               
comprised  of  memberships  from each  community,  including  the                                                               
Alaska State  Troopers and the  Kotzebue Police Department.   The                                                               
commission meets on  a quarterly basis to address  issues such as                                                               
search  and  rescue,  bootlegging, suicide,  neighborhood  watch,                                                               
Arctic survival, equipment and training  needs, and funding.  The                                                               
public  safety  commission  is housed  by  the  Northwest  Arctic                                                               
Borough, she said,  and all areas of public safety  in the region                                                               
are considered.                                                                                                                 
                                                                                                                                
MAYOR  WHITING said  right now  the Northwest  Arctic Borough  is                                                               
addressing public safety on its  own, without adequate authority.                                                               
She stated, "Everybody comes to  the Northwest Arctic Borough for                                                               
any type of  issues with regards to public safety,  so we want to                                                               
make sure that we have that  opportunity to do that."  She stated                                                               
that the  mission of the  Northwest Arctic Borough is  to provide                                                               
quality of  life for the  people of the Northwest  Arctic Region.                                                               
She  said public  safety is  a matter  of equity;  it is  a basic                                                               
human right.   She  talked about  the time that  it takes  to get                                                               
help in rural  Alaska compared to in Anchorage.   She mentioned a                                                               
dog team  accident that occurred  right outside of  Kotzebue this                                                               
fall and the unfortunate death of  a doctor.  She emphasized that                                                               
hours passed before  help arrived at the scene  of that accident,                                                               
but said  if it  had occurred  in a smaller  village, and  if the                                                               
weather had been bad, then the  wait could have been days.  There                                                               
are no  [health] facilities in the  villages.  She a  female aide                                                               
is often  put in the position  of having to deal  single handedly                                                               
with inebriated  people, without  benefit of training  related to                                                               
self-defense.   The  health aide  for  the region  often ends  up                                                               
being  the unofficial  VPSO.    She credited  the  people of  the                                                               
region for looking  out for each other and the  elders for acting                                                               
as law enforcement.                                                                                                             
                                                                                                                                
9:26:33 AM                                                                                                                    
                                                                                                                                
MAYOR  WHITING said  even though  the borough  is not  the public                                                               
safety authority,  it recently hired a  public safety coordinator                                                               
to handle  the needs  of its  people.  The  person hired  will be                                                               
working on the priorities of the public safety commission.                                                                      
                                                                                                                                
9:27:27 AM                                                                                                                    
                                                                                                                                
MAYOR WHITING said  in 2007, the Northwest  Arctic Borough hosted                                                               
a  law enforcement  summit  with  the State  of  Alaska.   Former                                                               
commissioner,  Walter Monegan,  was involved,  and statewide  and                                                               
regional  public safety  issues were  considered.   She said  the                                                               
borough wants local  and state entities to partner  to ensure the                                                               
right of public  safety to all its communities.   She stated that                                                               
despite  the  current  non-authority  status  for  the  Northwest                                                               
Arctic Borough to administer the  VPSO and public safety program,                                                               
the borough was recently awarded  $500,000 from the Department of                                                               
Justice via Congressman  Don Young's office.  The money  is to be                                                               
spent on planning and training of VPSOs.                                                                                        
                                                                                                                                
MAYOR WHITING emphasized  that the borough does not  want to take                                                               
away  any  authority  from Maniilaq  Association,  but  said  the                                                               
borough is better  equipped to address public  safety concerns in                                                               
the region.   She said the borough will continue  to partner with                                                               
not  only the  Maniilaq  association, but  also  with all  local,                                                               
state, and  regional organizations  to deliver "the  service that                                                               
we have."   She said  the borough's  intent is to  administer the                                                               
VPSO program,  not to take care  of law enforcement in  the whole                                                               
region.  She  relayed a message to Commissioner  Masters that she                                                               
would like to know how the  Northwest Arctic Borough can help him                                                               
and his  staff succeed in  providing public safety service.   She                                                               
thanked that  committee, the  bill sponsor,  and Ms.  Kensley for                                                               
"keeping this out in the forefront."                                                                                            
                                                                                                                                
9:30:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON, regarding  the aforementioned  population                                                               
cut off of  10,000, questioned if a situation may  occur in which                                                               
cities  with  populations of  less  than  10,000 would  eliminate                                                               
their police department and ask for  money from the state to have                                                               
VPSOs instead.                                                                                                                  
                                                                                                                                
9:30:39 AM                                                                                                                    
                                                                                                                                
MAYOR WHITING  said the borough considered  the 10,000 population                                                               
level.    Currently,  she said,  there  are  approximately  7,500                                                               
people in  the region.  She  stated, "Once we get  to that 10,000                                                               
threshold, then  we deal with  it at  that time, because  we know                                                               
that laws  [and] resolutions are  subject to change based  on the                                                               
need."   She  said, "Right  now we're  able to  take care  of the                                                               
needs within that population number."   The VPSO program can work                                                               
effectively in  the borough, provided the  training, lodging, and                                                               
equipment is made available.                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  said  he   supports  the  intent  of  the                                                               
borough.   He clarified  that he is  talking about  an unintended                                                               
consequence wherein a community of  less than 10,000, which has a                                                               
police  department,  eliminates  that   department  in  order  to                                                               
contract  VPSOs.    He  explained,   "Because  it  says  ...  the                                                               
commissioner 'shall'  contract with those entities  for providing                                                               
VPSO service."                                                                                                                  
                                                                                                                                
MAYOR WHITING opined that it would  be up to each municipality to                                                               
choose which entity is best equipped to provide public safety.                                                                  
                                                                                                                                
9:32:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO directed  attention to page 1,  line 15, and                                                               
asked for the definition of "rural areas".                                                                                  
                                                                                                                                
MAYOR WHITING  answered that  most of  Alaska's rural  areas have                                                               
VPSO  programs.    In  response  to  a  follow-up  question,  she                                                               
indicated that  an area is  designated as rural depending  on its                                                               
population.                                                                                                                     
                                                                                                                                
9:33:48 AM                                                                                                                    
                                                                                                                                
MS.  HENSLEY  noted that  the  regulations  related to  the  VPSO                                                               
program state that the program  is intended for villages of 1,000                                                               
or less people.   She recollected two years ago,  when the Senate                                                               
convened  a task  force  which recommended  that  rural areas  be                                                               
considered villages of less than 150.                                                                                           
                                                                                                                                
9:35:19 AM                                                                                                                    
                                                                                                                                
MS. HENSLEY  said the intent of  the program is to  provide VPSOs                                                               
in villages.   She  said, "There  are different  ways to  look at                                                               
that."   For  example, she  said one  indicator of  which village                                                               
should have a  VPSO program could be whether or  not that village                                                               
has a road system, because  Alaska State Troopers have access via                                                               
road  systems.   She  concluded,  "So, it's  not  exactly set  in                                                               
stone, I guess is what I'm trying to say."                                                                                      
                                                                                                                                
The committee took an at-ease from 9:36:42 AM to 9:36:59 AM.                                                                
                                                                                                                                
9:37:03 AM                                                                                                                    
                                                                                                                                
SUE  STANCLIFF, Special  Assistant, Office  of the  Commissioner,                                                               
Department Public  Safety, in response to  Representative Seaton,                                                               
said she  is not  aware of  a definition  of "rural"  in statute.                                                               
She noted  that Copper  Center is  on the road  system and  has a                                                               
VPSO.                                                                                                                           
                                                                                                                                
9:37:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  said he knows there  are definitions of                                                               
"rural"  in  statute, because  he  said  he remembers  a  lengthy                                                               
discussion  on the  House  floor regarding  this  issue about  20                                                               
years ago.  He offered to go summon the bill drafter.                                                                           
                                                                                                                                
9:38:42 AM                                                                                                                    
                                                                                                                                
JOHN GLICK,  Major, Deputy Director, Central  Office, Division of                                                               
Alaska State  Troopers, Department of Public  Safety, stated that                                                               
he is  quite familiar with the  VPSO program, having served  as a                                                               
deputy commander  and then commander  of the rural  detachment of                                                               
the  Alaska   State  Troopers,  which  is   responsible  for  the                                                               
oversight of the state bi-level DPSO  program.  He stated that by                                                               
regulation,   VPSOs  are   placed  in   rural  communities   with                                                               
populations of 1,000 or less,  with priority given to those areas                                                               
with  locations that  are logistically  difficult to  reach.   He                                                               
said  there are  VPSO programs  in the  Copper Center  region, in                                                               
Copper Center and Tazlina, and  one being considered for Gulkana.                                                               
He   concurred   with  the   comments   of   Mayor  Whiting   and                                                               
Representative  Joule regarding  the  specific  situation in  the                                                               
Northwest Arctic Borough.  He continued as follows:                                                                             
                                                                                                                                
     At  one point  a few  years ago,  Maniilaq man  power -                                                                    
     which  was then  the non-profit  who administered  this                                                                    
     program and whom the department  contracted with - went                                                                    
     under,  and we  were  put  into a  position  of how  to                                                                    
     provide  VPSO  services  to  that  region.    We  tried                                                                    
     working  with   another  non-profit  region   that  was                                                                    
     logistically  far-removed  from  the  Northwest  Arctic                                                                    
     Borough,  and although  administratively  it seemed  to                                                                    
     work, there  seemed to be some  disconnect with regards                                                                    
     to  having  intimate knowledge  of  what  the needs  of                                                                    
     those particular rural communities  in that region were                                                                    
     and  how to  address those  and  how to  interact on  a                                                                    
     continuous and consistent  basis with those communities                                                                    
     and within that region.                                                                                                    
                                                                                                                                
9:41:43 AM                                                                                                                    
                                                                                                                                
     So,   Maniilaq,   who   is   the   current   non-profit                                                                    
     corporation, stepped  up to the plate  and, although it                                                                    
     ...  did so  very hesitantly,  it was  totally for  the                                                                    
     recognition  and support  of the  needs of  that region                                                                    
     and  realizing there  needed  to be  some  feet on  the                                                                    
     ground in that  area that had some input  to how things                                                                    
     worked in  the various communities they  also served in                                                                    
     their health service capacity.                                                                                             
                                                                                                                                
MAJOR GLICK said  the addition of municipalities  in the proposed                                                               
legislation  gives an  option in  the event  a non-profit  entity                                                               
does  not  feel  it  is  capable  or  willing  to  provide  those                                                               
services.  He continued as follows:                                                                                             
                                                                                                                                
     The big caveat  to the consideration of this  is we can                                                                    
     only do  so with the  concurrence of the  nonprofit for                                                                    
     that region.   ...  It takes away  our ability  just to                                                                    
     ...  be competitive,  if you  will, and  see who  would                                                                    
     provide the  services for  the best  bang for  the buck                                                                    
     ....  By  putting the language in there,  we'd need the                                                                    
     concurrence of the ... non-profit for that region.                                                                         
                                                                                                                                
MAJOR  GLICK   said  what   would  still   exist  would   be  the                                                               
collaborative effort, working to  identify the specific needs and                                                               
issues of each  region and utilizing the VPSO  program which best                                                               
serves each area.                                                                                                               
                                                                                                                                
9:43:28 AM                                                                                                                    
                                                                                                                                
MAJOR  GLICK,  in response  to  Chair  Lynn, confirmed  that  the                                                               
Department of Public Safety supports HB 106.                                                                                    
                                                                                                                                
9:43:59 AM                                                                                                                    
                                                                                                                                
STAN  HAWLEY,   North  West  Arctic   Borough,  noted   that  his                                                               
supervisor  had   expressed  concern   about  the   inclusion  of                                                               
"municipalities" in the language of  the bill.  He explained that                                                               
historically, the  municipalities in  villages are  classified as                                                               
second-class cities,  which means  there is  less revenue-sharing                                                               
with  the state  than in  first-class  cities.   Many cities  are                                                               
financially   non-solvent   and   using  individual   cities   to                                                               
administer VPSO  contracts would result in  higher administrative                                                               
costs.                                                                                                                          
                                                                                                                                
9:46:26 AM                                                                                                                    
                                                                                                                                
JAMES KNOPKE,  Director, Village  Public Safety  Officer Program,                                                               
Tanana Chiefs  Conference (TCC), stated that  TCC understands the                                                               
reasoning behind  HB 106 and  wants to support VPSO  positions in                                                               
the  Northwest  Arctic  Borough.    He  indicated  that  TCC  had                                                               
reservations about  provisions proposed in an  earlier version of                                                               
the  bill:   "allowing the  boroughs" and  "the inclusion  of the                                                               
municipalities."   He stated his  understanding that  [Version T]                                                               
would require the  commissioner to obtain the  concurrence of the                                                               
relevant nonprofit  regional corporation, and he  stated that TCC                                                               
supports [Version T] as long as that concurrence remains.                                                                       
                                                                                                                                
REPRESENTATIVE   SEATON   asked  Mr.   Knopke   if   it  is   his                                                               
interpretation  that  Version  T would  give  nonprofit  regional                                                               
corporations  veto  power  over the  commissioner's  decision  to                                                               
grant VPSO services to a municipality.                                                                                          
                                                                                                                                
MR.  KNOPKE  answered no.    He  said  TCC understands  that  the                                                               
commissioner  would  make  the   final  decision  regarding  VPSO                                                               
position placements.  He said, "We  would just like to retain our                                                               
ability to  be in that  decision-making process -  especially for                                                               
the interior."                                                                                                                  
                                                                                                                                
9:49:20 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN said  he was  just  supplied with  the definition  of                                                               
"rural", [in AS 14.43.700], which read as follows:                                                                              
                                                                                                                                
     Sec. 14.43.700.  Definition.                                                                                               
     In  AS   14.43.600  -  14.43.700,  "rural"   means    a                                                                    
     community with  a population of  5,500 or less  that is                                                                    
     not  connected   by  road  or  rail   to  Anchorage  or                                                                    
     Fairbanks or  with a population  of 1,500 or  less that                                                                    
     is  connected   by  road  or   rail  to   Anchorage  or                                                                    
     Fairbanks.                                                                                                                 
                                                                                                                                
9:49:52 AM                                                                                                                    
                                                                                                                                
JACKIE  HILL, Director,  Native  Services, Maniilaq  Association,                                                               
testified in support of HB 106, Version T.                                                                                      
                                                                                                                                
9:51:15 AM                                                                                                                    
                                                                                                                                
CHRISTINE HESS, Staff, Representative  Reggie Joule, Alaska State                                                               
Legislature, on behalf of Representative  Joule, prime sponsor of                                                               
HB  106,  confirmed  Mr.  Glick's   previous  statement  that  by                                                               
regulation,   VPSOs  are   placed  in   rural  communities   with                                                               
populations of 1,000 or less.                                                                                                   
                                                                                                                                
9:51:34 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN, after  ascertaining that  there was  no one  else to                                                               
testify, closed public testimony.                                                                                               
9:51:38 AM                                                                                                                    
REPRESENTATIVE   GRUENBERG  noted   that  in   addition  to   the                                                               
definition of  "rural" found in  AS 14.43.700, there is  a second                                                               
definition found in AS 44.33.239(7), which read as follows:                                                                     
                                                                                                                                
                                                                                                                                
          (7) "rural area" means a community with a                                                                             
     population  of 1,500  or  less or  a  community with  a                                                                    
     population of  5,500 or less  that is not  connected by                                                                    
     road or rail to Anchorage or Fairbanks.                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG   indicated  that  there  is   a  third                                                               
definition, in  AS 18.56.300(2).   He concluded, "It  sounds like                                                               
VPSO is  1,000 or  less, and  it doesn't  say anything  about the                                                               
connection by road."                                                                                                            
                                                                                                                                
9:53:40 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  remarked  that none  of  the  definitions                                                               
previously noted "fit" for VPSOs,  so, if a definition is needed,                                                               
the committee should  adopt one.  He said he  wants to figure out                                                               
if Version  T would give  nonprofit [regional  corporations] veto                                                               
power over the statutory requirement to provide a grant.                                                                        
                                                                                                                                
9:55:20 AM                                                                                                                    
                                                                                                                                
GERALD   LUCKHAUPT,   Attorney,    Legislative   Legal   Counsel,                                                               
Legislative  Legal  and  Research Services,  Legislative  Affairs                                                               
Agency  (LAA),   offered  his  understanding  that   through  the                                                               
language in Version  T, the bill sponsor is  attempting to ensure                                                               
that nonprofit regional  corporations - the only  entity that can                                                               
receive the grants under current law  - would still have some say                                                               
in the process  and would not be hurt by  the proposal to provide                                                               
grants to  a municipality.   He told Representative  Seaton, "So,                                                               
You are correct in your interpretation."                                                                                        
                                                                                                                                
9:56:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON said  he does not have a  problem with "the                                                               
intent of  getting there."   He noted  that the  language directs                                                               
the  commissioner through  the use  of the  word "shall",  and he                                                               
indicated  that he  would  like to  find a  way  to maintain  the                                                               
intent while avoiding "illegal construction."                                                                                   
                                                                                                                                
9:56:56 AM                                                                                                                    
                                                                                                                                
MR. LUCKHAUPT  responded that there  are ways to ensure  that the                                                               
nonprofit  [regional corporation]  is "involved  in the  decision                                                               
that stops short of what I think you're seeing as the problem."                                                                 
                                                                                                                                
REPRESENTATIVE SEATON  suggested changing  the language  [on page                                                               
2, lines 5-6],  so that the commissioner would  provide the grant                                                               
in consultation  with the  nonprofit regional  corporation rather                                                               
than having to "obtain the  concurrence of the nonprofit regional                                                           
corporation for the area".                                                                                                  
                                                                                                                                
MR. LUCKHAUPT  responded that he is  not entirely sure this  is a                                                               
legal problem, but if the  language is of concern, Representative                                                               
Seaton's suggestion would "solve it."                                                                                           
                                                                                                                                
9:58:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON, in  response to Chair Lynn,  said he would                                                               
be willing  to offer that change  as a conceptual amendment.   He                                                               
remarked  that  the   City  of  Seldovia,  which   has  a  police                                                               
department,  is having  a huge  problem  making its  budget.   He                                                               
offered  his  interpretation  that  the language  would  allow  a                                                               
municipality  that is  not on  the road  system to  eliminate its                                                               
police  department, and  a nonprofit  regional corporation  could                                                               
veto the  grant that the commissioner  was directed to make.   He                                                               
indicated  that the  corporation  might choose  to exercise  that                                                               
veto if it did not want that area to have VPSOs, for example.                                                                   
                                                                                                                                
9:59:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO  said  communities  will try  to  work  the                                                               
system to their  advantage; therefore, it is  important to ensure                                                               
that the language in the bill is "right."                                                                                       
                                                                                                                                
MR.  LUCKHAUPT, in  response to  a  question from  Representative                                                               
Gatto, said the corporations involved  must be nonprofit regional                                                               
corporations.   He  added, "They  are for-profit  corporations in                                                               
some ways, but  they also have [a]  nonprofit ... sub-corporation                                                               
that's set up to run these programs."                                                                                           
                                                                                                                                
10:01:41 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHNSON asked if  a village corporation would take                                                               
precedence over a regional corporation - both being nonprofit.                                                                  
                                                                                                                                
10:02:08 AM                                                                                                                   
                                                                                                                                
MS. HENSLEY  responded that  the nonprofit  regional corporations                                                               
to  which  the bill  refers  are  the twelve  nonprofit  regional                                                               
corporations  that  were  created  by the  Alaska  Native  Claims                                                               
Settlement Act (ANCSA).                                                                                                         
                                                                                                                                
REPRESENTATIVE JOHNSON  suggested that  the word  corporations be                                                               
capitalized   in  the   bill  to   differentiate  between   those                                                               
corporations intended and other village corporations.                                                                           
                                                                                                                                
MR.  LUCKHAUPT  indicated that  the  language   has  been  around                                                               
awhile  and has  always  been interpreted  to  mean [the  twelve]                                                               
regional corporations.                                                                                                          
                                                                                                                                
10:03:15 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  SEATON moved  to adopt  Amendment 1,  labeled 26-                                                               
LS0402\T.1, Luckhaupt, 4/8/09, as follows:                                                                                      
                                                                                                                                
     Page 1, line 6:                                                                                                            
          Delete "and"                                                                                                      
          Insert "or"                                                                                                       
                                                                                                                                
10:03:47 AM                                                                                                                   
                                                                                                                                
CHAIR  LYNN asked  if there  was  any objection  to Amendment  1.                                                               
There being none, it was so ordered.                                                                                            
                                                                                                                                
10:04:21 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG  noted  that  in  Section  2,  language                                                               
specifies that the only municipalities  that can get [the grants]                                                               
would be  those with populations  of less  than 10,000.   He then                                                               
noted that  Section 4  would amend [AS  29.35.010] -  which lists                                                               
the  general  powers  of  all municipalities  -  to  include  the                                                               
receipt of  grants.  He asked,  "Shouldn't that be broken  out to                                                               
be limited  to municipalities of  less than 10,000 to  conform to                                                               
Section 2?"                                                                                                                     
                                                                                                                                
MR. LUCKHAUPT  answered that he  does not  see the need  for that                                                               
change, because [the proposed language  in Section 4, which would                                                               
amend  the  aforementioned  statute] refers  to  [AS  18.65.670],                                                               
which  he said  limits the  municipalities that  can receive  the                                                               
grants to  those with populations  under 10,000.  He  said Tamara                                                               
Cook, a Legal Services Advisor, concurs.                                                                                        
                                                                                                                                
10:05:28 AM                                                                                                                   
                                                                                                                                
CHAIR LYNN announced that HB 106 was held over.                                                                                 

Document Name Date/Time Subjects
01 HJR031B.pdf HSTA 4/9/2009 8:00:00 AM
01 4-2-09 CSHB106_T.pdf HSTA 4/9/2009 8:00:00 AM
HB 106
02 Sponsor Statement HJR 31.doc HSTA 4/9/2009 8:00:00 AM
03 HJR031-1-1-040809-MLV-N.pdf HSTA 4/9/2009 8:00:00 AM
04 Expenses Incident to Death.doc HSTA 4/9/2009 8:00:00 AM
05 DD93.pdf HSTA 4/9/2009 8:00:00 AM
06 Air Force Association support letter.pdf HSTA 4/9/2009 8:00:00 AM
02 4.8.09HB106_SponsorStatement.pdf HSTA 4/9/2009 8:00:00 AM
HB 106
03 HB106_SummaryOfChanges2.pdf HSTA 4/9/2009 8:00:00 AM
HB 106
04 HB106-Fiscal_Note-DPS-DET-02-23-09.pdf HSTA 4/9/2009 8:00:00 AM
HB 106
05 NAB Resolution.pdf HSTA 4/9/2009 8:00:00 AM
06 4.8.09HB106_Sectional.pdf HSTA 4/9/2009 8:00:00 AM
HB 106
07 H.R. 1633.pdf HSTA 4/9/2009 8:00:00 AM
3-13-09 - HB 76 Research.pdf HSTA 4/9/2009 8:00:00 AM
HB 76