Legislature(1995 - 1996)

03/29/1995 01:40 PM Senate CRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
           SB  96 UNFUNDED MANDATES ON MUNICIPALITIES                         
                                                                              
  CHAIRMAN TORGERSON  called the Senate Community & Regional Affairs           
 Committee meeting to order at 1:40 p.m.  He brought  SB 96  before            
 the committee and directed attention to proposed amendments to  CSSB
 96(CRA) , which was adopted as a working document at the March 22,            
 1995 meeting.                                                                 
                                                                               
 Number 025                                                                    
                                                                               
 SENATOR KELLY moved the adoption of the following amendment:                  
                                                                               
 Amendment No. 3                                                             
                                                                               
 Page 3, line 9:  Delete "new"                                                 
                                                                               
 Page 3, lines 14 & 15:  Delete ", and each regulation or other                
 administrative order adopted after January 1, 1996,"                          
                                                                               
 Page 3, line 17, after "division.": Insert "Each regulation or                
 administrative order adopted under the authority of a bill enacted            
 after January 1, 1996, that applies to municipalities must include            
 findings regarding its effect on municipalities prepared by the               
 Department of Community and Regional Affairs."                                
                                                                               
 Page 4, line 21, through page 5, line :  Delete all material                  
                                                                               
 JOSH FINK, aide to Senator Kelly, addressing Amendment No. 3,                 
 explained that the current subsection (b) in Section 2 requires               
 that Legislative Finance prepare findings on any bill, regulation             
 or executive order that effects municipalities.  The amendment                
 provides that Legislative Finance prepare a finding on a bill, but            
 on a regulation or executive order, the Department of Community &             
 Regional Affairs would prepare the finding.  As a result of this              
 change, Section 3, the fiscal note section, was deleted from the              
 committee substitute.                                                         
                                                                               
 Hearing no objection to the adoption of Amendment No. 3, SENATOR              
 TORGERSON stated the motion carried.                                          
                                                                               
 Number 058                                                                    
                                                                               
 JOSH FINK explained that Amendment No. 4 would delete the second              
 half of the definition of "new funding" because it is not a                   
 workable definition and it is already covered by the mechanism set            
 up in Section 2.                                                              
                                                                               
 SENATOR KELLY moved the adopted of Amendment No. 4:                           
                                                                               
 Amendment No. 4                                                             
                                                                               
 Page 4, lines 26 - 27:  Delete "it does not include transfers or              
 reductions in another appropriation;"                                         
                                                                               
 Hearing no objection, SENATOR TORGERSON stated the motion carried.            
                                                                               
 Number 077                                                                    
                                                                               
 SENATOR TORGERSON, speaking to Amendment No. 5 explained he                   
 believes the first part of the amendment is necessary to further              
 give explanation to  the meaning of subsection (a) in Section 2.              
 The second part of the amendment is clarifying language.                      
                                                                               
 SENATOR KELLY moved the adoption of the following Amendment No. 5:            
                                                                               
 Amendment No. 5                                                              
                                                                               
 Page 3, line 13:  Delete "revoked" and insert "inoperative in its            
 effect upon a municipality until significant state funds are                  
 available to pay the operational costs directly required for the              
 actual performance of the activity, service or program."                      
                                                                               
 Page 4, line 30:  After "$20,000 in" insert new language to read:             
 "each of"                                                                     
                                                                               
 Hearing no objection to the adoption of Amendment No. 5, SENATOR              
 TORGERSON stated the motion carried.                                          
                                                                               
 Number 185                                                                    
                                                                               
 SENATOR TORGERSON opened the hearing to public comment.                       
                                                                               
 CHARLES MCKEE, testifying from Anchorage, spoke to his financial              
 duress because of the state having subservient action over the                
 municipalities, as well as the bond debt that the residents of all            
 municipalities are suffering under.                                           
                                                                               
 Number 196                                                                    
                                                                               
 SCOTT BRANDT-ERICHSEN, representing the Municipality of Anchorage,            
 stated he was present to respond to questions and further stated              
 that the municipality agrees with the amendments to the bill.                 
                                                                               
 Number 215                                                                    
                                                                               
 JEROME SELBY, Mayor the Kodiak Island Borough, voiced their support           
 for CSSB 96(CRA).  They think it is positive legislation that                 
 creates a process whereby the people who live in the state at least           
 can be assured that there will be thoughtful consideration given to           
 them and the costs of government as bills are considered by the               
 legislature in the future.                                                    
                                                                               
 Number 240                                                                    
                                                                               
 SCOTT STERLING, a member of the Mat-Su Borough Assembly, said                 
 although the assembly has not officially adopted a position on CSSB
 96(CRA), he believes that it has their support.  One way it effects           
 his borough is that DEC regulations regarding operation of water              
 and sewer systems require them to obey those regulations as does              
 Anchorage or Fairbanks or the larger municipalities, and this tends           
 to drive their costs up quite high.  This legislation would help in           
 a situation like that.                                                        
                                                                               
 Number 268                                                                    
                                                                               
 TOM ARMOUR, Administrator, City of Pelican, stated the city council           
 has not adopted a position on CSSB 96(CRA), but he believes it will           
 go a long way in helping administrators run their communities, as             
 well as improving the legislature's credibility.                              
                                                                               
 Number 280                                                                    
                                                                               
 KEVIN RITCHIE, Executive Director, Alaska Municipal League, stated            
 the League strongly supports the legislation as amended and urges             
 it passage out of committee.                                                  
                                                                               
 Number 290                                                                    
                                                                               
 There being no further testimony on SB 96, SENATOR TORGERSON asked            
 for the will of the committee.                                                
                                                                               
 SENATOR R. PHILLIPS moved that CSSB 96(CRA) and its accompanying              
 fiscal note be passed out of committee with individual                        
 recommendations.  Hearing no objection, it was so ordered                     

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