Legislature(2015 - 2016)CAPITOL 120
04/02/2015 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HJR3 | |
| HCR1 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HCR 1 | TELECONFERENCED | |
| += | HJR 3 | TELECONFERENCED | |
HJR 3-CONGRESS:NATIVE TRIBAL JURIS. & AUTHORITY
2:34:15 PM
CHAIR LEDOUX announced that the first order of business would be
HOUSE JOINT RESOLUTION NO. 3, Urging members of the Alaska
delegation to the United States Congress to introduce
substantially similar legislation to the Alaska Safe Families
and Villages Act of 2013; urging the United States Congress to
affirm the criminal jurisdiction of Alaska tribal governments
over tribal members within the boundaries of their villages;
urging the United States Congress to cooperate with tribes'
efforts to transfer Native land to trust; and supporting
multilateral negotiations between tribal governments, nontribal
municipalities, and the state and federal governments to
delineate clearly tribal geographical jurisdictions. [Before the
committee was CS for HJR 3(CRA)]
2:34:35 PM
TIMOTHY CLARK, Staff, Representative Bryce Edgmon, Alaska State
Legislature, [said he was available for questions].
2:35:45 PM
REPRESENTATIVE GRUENBERG expressed his understanding that the
purpose of the [Congressional] bill was to extend the Alaska
Safe Families and Villages Act of 2013 to throughout the state
and not just to Metlakatla.
2:36:35 PM
MR. CLARK responded that the original legislation was directed
at Alaska Native villages beyond Metlakatla, and the version the
[113th Congress, 2d Session, Senate Report 113-260] deals with
was simply noting changes made by the sponsor as the bill was
being considered in the 113th Congress.
2:37:14 PM
CHAIR LEDOUX advised Representative Gruenberg that it appears
the Alaska Safe Families and Villages Act of 2014 did not pass
Congress. The purpose of CSHJR 3(CRA) is to urge Congress to
take up the bill up again, and in particular the Alaska
delegation, and support the substantially similar bill to be
introduced in this Congress, she explained.
MR. CLARK agreed with Chair LeDoux assessment.
2:37:47 PM
REPRESENTATIVE GRUENBERG said his focus is on U.S. Senate Bill
1474, as its intent is to take the previous Act, which would
only have applied to Metlakatla, and make it apply to Indian
tribes throughout the State of Alaska.
MR. CLARK answered that his understanding of the original
Senator Mark Begich legislation was dealing with provisions such
as these wherein there were incremental increases of local
tribal jurisdiction in Alaska tribal villages outside of
Metlakatla. He explained that due to Metlakatla being Indian
Country, the authorities are already much greater than the
authorities enjoyed by Alaska Native tribes where Indian Country
does not exist.
2:39:17 PM
REPRESENTATIVE GRUENBERG surmised it is to extend previous
federal law throughout Alaska to other tribes that met the
qualifications.
MR. CLARK answered that Indian Law can be very complicated,
however, in parts of the country where Indian Country itself
does not exist, Congress nevertheless has the authority through
legislation to grant certain authorities that normally would be
possible only under Indian Law in the form of an Act. The U.S.
Senate Bill 1474 was an attempt to modestly increase the
authority of Alaska Native villages over certain crimes within
the boundaries of their villages.
REPRESENTATIVE GRUENBERG opined that he had requested the
[federal] committee report as the reports often provide the core
source for determining the legislative history of the bill. He
said the minority tends to focus on points of controversy and in
reviewing the report, there were no minority views. Currently,
Senator Lisa Murkowski is a co-sponsor and Senator Dan
Sullivan's position is unknown.
2:42:29 PM
REPRESENTATIVE LYNN referred to a bill from the past regarding
casinos and opined that Metlakatla is the only place in the
State of Alaska that could have a casino. He questioned whether
HJR 3 and the attendant bill in Congress were to pass, would
that open up every Indian village to have a casino.
MR. CLARK responded "No," that would not be the case as the
federal legislation is proscribed in what it describes and
focuses simply on expanded criminal jurisdiction within village
boundaries.
2:43:42 PM
REPRESENTATIVE GRUENBERG pointed to the U.S. Senate Bill 1474 in
each committee member's packet. He offered that the new section
is in italics and he does not believe it has to do with gaming.
CHAIR LEDOUX advised that public testimony was closed during the
last committee meeting.
2:45:03 PM
REPRESENTATIVE GRUENBERG referred to {U.S. Senate Bill 1474,
Sec. 2, Findings and Purpose] page 17, lines 10-17, which read:
(b) PURPOSES - The purposes of this Act are -
(1) to improve the delivery of justice in
Alaska Native villages by -
(A) encouraging the State and Indian
tribes to enter into intergovernmental agreements
relating to the enforcement and adjudication of
State laws relating to drug and alcohol offenses;
and
(B) supporting Indian tribes in the
State in the enforcement and adjudication of
tribal laws relating to child abuse and neglect,
domestic violence, and drug and alcohol offenses;
and
(2) to enhance coordination and
communication among Federal, State, tribal, and local
law enforcement agencies.
REPRESENTATIVE GRUENBERG commented that it was far away from
gaming issues.
2:45:49 PM
REPRESENTATIVE FOSTER moved to report CSHJR 3, version 29-
LS0354\H, out of committee with individual recommendations and
the accompanying fiscal note. There being no objection, CSHJR
3(CRA) was moved from the House Judiciary Standing Committee.
2:46:24 PM
The committee took an at-ease from 2:46 to 2:49 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HCR1 Additional Documentation - memo from AG.docx |
HJUD 4/2/2015 1:00:00 PM |
HJR 3 |
| HJR 3 Additional Documentation--Senate Report 113 on Alaska Safe Families and Villages Act.pdf |
HJUD 4/2/2015 1:00:00 PM |
HCR 1 |