Legislature(2017 - 2018)BELTZ 105 (TSBldg)

03/16/2017 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 8 ENFORCEMENT OF FOREIGN PROTECTIVE ORDERS TELECONFERENCED
Heard & Held
*+ SB 77 SECOND CLASS BOROUGH SERVICE AREAS TELECONFERENCED
Heard & Held
           SB  77-SECOND CLASS BOROUGH SERVICE AREAS                                                                        
                                                                                                                                
3:46:47 PM                                                                                                                    
CHAIR BISHOP announced consideration of SB 77.                                                                                  
                                                                                                                                
RACHEL  HENKE,  staff to  Senator  Peter  Micciche, Alaska  State                                                               
Legislature,  Juneau, Alaska,  presented SB  77 for  the sponsor.                                                               
She  said SB  77  would  expand the  authority  for second  class                                                               
boroughs to exercise  the local option of  creating a non-taxable                                                               
service  area,  specifically, areas  where  there  are no  voters                                                               
within  the  service  areas  boundaries. No  new  taxes  will  be                                                               
levied,  but  rather the  borough  could  use  a portion  of  its                                                               
federal payment in  lieu of taxes allocation to  cover the costs.                                                               
The point  of SB 77  is to just  give boroughs more  authority to                                                               
protect their main roadways at no extra cost to the state.                                                                      
                                                                                                                                
CHAIR BISHOP opened public testimony on SB 77.                                                                                  
                                                                                                                                
3:49:25 PM                                                                                                                    
MIKE NAVARRE,  Mayor, Kenai Peninsula Borough,  Soldotna, Alaska,                                                               
supported SB 77,  and said its purpose is to  clarify a provision                                                               
that already  exists in  law, but is  difficult to  implement. He                                                               
elaborated that  the borough has  stretches of highway  that have                                                               
no emergency  coverage and a  very low  taxable base in  order to                                                               
provide for that service. So,  volunteer emergency responders are                                                               
struggling  to  provide  those  services.  The  highway  corridor                                                               
between Anchorage and  Kenai is heavily traveled and  they end up                                                               
responding to  a lot of travelers  who are traveling to  and from                                                               
the Kenai  Peninsula and it's  beyond their ability to  cover it.                                                               
Additionally,  existing   statutory  provisions   restrict  using                                                               
service  area funds  from one  area  in another  service area  or                                                               
outside the boundaries of the service  area, so they are having a                                                               
difficult time trying to supplement the volunteer efforts.                                                                      
                                                                                                                                
MAYOR NAVARRE  said SB  77 would  allow the  borough to  create a                                                               
highway corridor  service area where  there will be  no residents                                                               
and no  taxpayers, and because most  of the land adjacent  to the                                                               
roadway is  federally owned  or even in  some cases  state lands,                                                               
this authority would allow using in  lieu of taxes funds that the                                                               
Kenai  Borough  currently gets  from  the  federal government  in                                                               
order to help provide and  supplement those services. He showed a                                                               
map  illustrating   the  number  of  accidents   in  the  highway                                                               
corridor.                                                                                                                       
                                                                                                                                
MAYOR   NAVARRE  explained   that  the   reason  the   law  needs                                                               
clarification is  because even  though it says  they can  do this                                                               
already, they still  have to get approval from all  the owners of                                                               
the property, and  that is next to impossible to  do. And because                                                               
it's  a highway  corridor that  has underlying  land owners  that                                                               
makes  it even  more difficult  than it  ought to  be to  provide                                                               
reasonable emergency service coverage.                                                                                          
                                                                                                                                
MAYOR  NAVARRE said  SB 77  has a  zero fiscal  note; the  Alaska                                                               
State Troopers  support it,  and none of  the other  second class                                                               
boroughs have  concerns or  object to  the language.  It enhances                                                               
public safety and allows the borough  to close the legal gap in a                                                               
significant public  safety concern using funds  it currently gets                                                               
from the  federal government while  recognizing that  those funds                                                               
are already  fully utilized  within their  budget, and  it likely                                                               
means that either some other area  will have to be reduced or all                                                               
the residents  of the Kenai  Peninsula Borough will be  paying to                                                               
help support this service.                                                                                                      
                                                                                                                                
3:53:59 PM                                                                                                                    
SENATOR STEDMAN noted  that Prince of Wales Island is  not on the                                                               
list of  affected areas even  though it  is the only  island that                                                               
has multiple inter-connected communities on it.                                                                                 
                                                                                                                                
MAYOR  NAVARRE said  this measure  only applies  to second  class                                                               
boroughs.                                                                                                                       
                                                                                                                                
3:55:08 PM                                                                                                                    
CHAIR BISHOP said he liked the  bill, but asked if the Mayor said                                                               
his borough would provide "mutual  aid" along the safety corridor                                                               
helping these other smaller communities.                                                                                        
                                                                                                                                
MAYOR NAVARRE  replied yes;  the reality is  that the  mutual aid                                                               
authority is  kind of stretching  already existing state  law for                                                               
fire  and emergency  services, because  there  is nothing  mutual                                                               
about  it.  "Mutual aid"  also  requires  that somebody  actually                                                               
responds  and  calls for  the  mutual  aid.  In some  cases  that                                                               
doesn't  happen, because  the community  of Cooper  Landing is  a                                                               
senior  community  and has  a  very  high  number of  senior  tax                                                               
exemptions, but  also some of  the volunteers have been  doing it                                                               
for 20 or more years and can no  longer drive at night or lift as                                                               
much  weight. All  they  are  trying to  do  is  make sure  legal                                                               
authority  is established  to provide  the service  and recognize                                                               
that more  than half  of the  responses are  to people  who don't                                                               
live in the Cooper Landing area boundaries.                                                                                     
                                                                                                                                
3:57:26 PM                                                                                                                    
LARRY PERSILY, Chief  of Staff to Mayor  Navarre, Kenai Peninsula                                                               
Borough,  Soldotna,  Alaska,  said  he was  available  to  answer                                                               
questions on SB 77.                                                                                                             
                                                                                                                                
DAVID GIBBS,  Director, Emergency Services, Fairbanks  North Star                                                               
Borough,  Fairbanks,  Alaska,  supported   SB  77.  He  said  the                                                               
Fairbanks North Star  Borough is a second class  borough and they                                                               
fully recognize that this measure  may provide a benefit for them                                                               
as they  work on their  road corridor safety issues,  in addition                                                               
to the obvious benefit it provides to the Kenai Borough.                                                                        
                                                                                                                                
3:59:04 PM                                                                                                                    
KATHERINE WASSERMAN, Executive  Director, Alaska Municipal League                                                               
(AML),  Juneau, Alaska,  supported  SB 77.  She  said AML  really                                                               
likes this  kind of legislation,  because it identifies  an issue                                                               
that needs to  be fixed and then provides a  tool to actually fix                                                               
it. This  concept could be  expanded to communities on  Prince of                                                               
Wales Island if the legislature wanted to do that.                                                                              
                                                                                                                                
SENATOR STEDMAN  noted that language on  page 1, line 5,  says "a                                                               
second  class  borough  may establish,"  and  that  answered  his                                                               
earlier question.                                                                                                               
                                                                                                                                
SENATOR  MICCICHE  remarked   that  this  is  a   life  or  death                                                               
situation.                                                                                                                      
                                                                                                                                
CHAIR BISHOP said  he understands what Senator  Micciche wants to                                                               
accomplish and that he likes the bill.                                                                                          
                                                                                                                                
He closed  public testimony and  said he would  hold SB 77  for a                                                               
later hearing.                                                                                                                  

Document Name Date/Time Subjects
HB8 Additional Documentation 18 USCA Section 2265 Full Faith and Credit Given to Protection Orders 2.17.17.pdf SCRA 3/16/2017 3:30:00 PM
HB 8
HB8 Additional Documentation--7.30.15 VAWA Enforcement Dept. of Law Opinion 1.18.17.pdf SCRA 3/16/2017 3:30:00 PM
HB 8
HB8 Additional Documentation--2014 Repeal of Alaska Exemption to VAWA 1.18.17.pdf SCRA 3/16/2017 3:30:00 PM
HB 8
HB8 Sectional Summary 1.18.18.pdf SCRA 3/16/2017 3:30:00 PM
HB 8
HB8 Senate C&RA Committee Hearing Request Memo.pdf SCRA 3/16/2017 3:30:00 PM
HB 8
HB8 Sponsor Statement 1.18.17.pdf SCRA 3/16/2017 3:30:00 PM
HB 8
HB8 Version A 1.18.17.pdf SCRA 3/16/2017 3:30:00 PM
HB 8
SB 77 Ver. A.PDF SCRA 3/16/2017 3:30:00 PM
SB 77
SB77 Sponsor Statement.pdf SCRA 3/16/2017 3:30:00 PM
SB 77
SB 77 Supporting Document - Incorporated Cities Within Organized Boroughs.pdf SCRA 3/16/2017 3:30:00 PM
SB 77
SB 77 Supporting Document - Highway Corridor Map.pdf SCRA 3/16/2017 3:30:00 PM
SB 77
SB 77 Supporting Document - AS 29.35.490.pdf SCRA 3/16/2017 3:30:00 PM
SB 77
SB 77 Support Letter.pdf SCRA 3/16/2017 3:30:00 PM
SB 77
SB 77 Support Letter - AML.pdf SCRA 3/16/2017 3:30:00 PM
SB 77
SB 77 Hearing Request Memo.pdf SCRA 3/16/2017 3:30:00 PM
SB 77