Legislature(1997 - 1998)
03/25/1998 08:07 AM House CRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE COMMUNITY AND REGIONAL AFFAIRS
STANDING COMMITTEE
March 25, 1998
8:07 a.m
MEMBERS PRESENT
Representative Ivan Ivan, Chairman
Representative Fred Dyson
Representative Scott Ogan
Representative Joe Ryan
Representative Jerry Sanders
Representative Albert Kookesh
Representative Reggie Joule
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
* HOUSE BILL NO. 471
"An Act relating to the boards of commissioners of regional Native
housing authorities."
-HEARD AND HELD
(* First public hearing)
PREVIOUS ACTION
BILL: HB 471
SHORT TITLE: REGIONAL NATIVE HOUSING AUTHORITIES
SPONSOR(S): COMMUNITY AND REGIONAL AFFAIRS
Jrn-Date Jrn-Page Action
3/19/98 2664 (H) READ THE FIRST TIME - REFERRAL(S)
3/19/98 2664 (H) CRA
3/25/98 (H) CRA AT 8:00 AM CAPITOL 124
WITNESS REGISTER
JACQUES SMITH, Executive Director
Aleutian Housing Authority
4000 Old Seward Highway, Suite 202
Anchorage, Alaska 99503
Telephone: (907) 263-2146
POSITION STATEMENT: Testified on HB 471.
ASHLEY REED, Representative
Cook Inlet region
360 West Benson, Suite 200
Anchorage, Alaska 99502
Telephone: Not provided
POSITION STATEMENT: Testified on HB 471.
FRANK PERATROVICH, Executive Director
Cook Inlet Housing Authority;
President, Alaska Housing Authority
2600 Cordova Street, Suite 201
Anchorage, Alaska 99503
Telephone: (907) 276-8822
POSITION STATEMENT: Testified on HB 471.
CHUCK KATASSE, Executive Director
Tlingit Haida Regional Housing Authority
P.O. Box 32237
Juneau, Alaska 99803
Telephone: (907) 780-6868
POSITION STATEMENT: Testified on HB 471.
LARRY LABOLLE, Legislative Assistant
to Representative Richard Foster
Alaska State Legislature
Capitol Building, Room 410
Juneau, Alaska 99801
Telephone: (907) 465-3789
POSITION STATEMENT: Testified on HB 471.
TOM WRIGHT, Legislative Assistant
to Representative Ivan
Alaska State Legislature
Capitol Building, Room 418
Juneau, Alaska 99801
Telephone: (907) 465-3882
POSITION STATEMENT: Testified on HB 471.
ACTION NARRATIVE
TAPE 98-20, SIDE A
Number 0001
CHAIRMAN IVAN IVAN called the House Community and Regional Affairs
Standing Committee meeting to order at 8:07 a.m. Members present
at the call to order were Representatives Ivan, Dyson, Ogan, Ryan,
Sanders, Kookesh and Joule.
HB 471 - REGIONAL NATIVE HOUSING AUTHORITIES
Number 0052
CHAIRMAN IVAN stated that the committee would hear HB 471, "An Act
relating to the boards of commissioners of regional Native housing
authorities." He stated that it was drafted at the request of Cook
Inlet Region Housing Authority and the Association of Village
Council Presidents (AVCP). He stated that the current statute
limits the boards to five people.
Number 0140
REPRESENTATIVE REGGIE JOULE referred to line 7 and asked what the
initial board of commissioners meant.
Number 0180
CHAIRMAN IVAN responded that in the initial formation of the board
of commissioners they were acting under the federal statutes.
(INDISC. -- TAPE STATIC)
Number 0232
REPRESENTATIVE FRED DYSON asked that someone speak to what problem
the bill solves and what precipitated this. He stated that he is
confused by the bill and is not sure how the amendment fits in the
bill.
Number 0274
CHAIRMAN IVAN replied that this is the second year the resolution
was adopted by the AVCP. The AVCP region represents 56 communities
which equates to 58,000 square miles and there are 5 commissioners
on the board (INDISC. -- TAPE STATIC).
Number 0339
CHAIRMAN IVAN stated that the amendment will be proposed on the
behalf of Representative Foster and will address the village
corporation that needs to be reinstated.
Number 0389
REPRESENTATIVE DYSON restated that Representative Ivan had put
together the bill and Representative Foster had a particular
problem so the amendment will take care of this one village's
particular problem.
Number 0405
CHAIRMAN IVAN stated that is correct. It was brought forward
(INDISC. -- TAPE STATIC).
Number 0431
REPRESENTATIVE DYSON asked if the bill is expanding the board of
commissioners specifically because Chairman Ivan's region wanted it
and will it make the option available to other regional housing
authorities.
Number 0454
CHAIRMAN IVAN replied that is correct. He stated that he
introduced this legislation six years in a row and the Cook Inlet
region has now also made the request. He stated that he understood
that there is some debate as to the timing of this issue.
Number 0532
REPRESENTATIVE DYSON stated that it is probably not true in
Chairman Ivan's area but in other areas when a board wants to be
expanded it is because the non-majority group of the board would
like to add more members in order to get control.
Number 0563
CHAIRMAN IVAN stated that he could not respond to that. He stated
that he would like to take comments from the regional authorities.
Number 0634
JACQUES SMITH, Executive Director, Aleutian Housing Authority,
stated that the sponsor statement is poorly written and it is a
misrepresentation. He stated that the gross misrepresentation is
that there are 13 Native housing authorities in the state of Alaska
and 1 public housing authority. He explained that the sponsor
statement states, "the regional housing authorities have requested
a change in the statute. This will provide for the more fair
representation they desire." He said, "we are talking about 13
regional housing authorities, not just Cook Inlet region and AVCP.
He pointed out that this issue only just came up to the other
regional housing authorities and they have not had a chance to
review this bill. He requested that the committee give the
authorities time to develop an opinion on it before it is passed
through, as it also has the potential to affect the budgets of the
smaller housing authorities. He reiterated his desire for the
other housing authorities to look at the bill before it is pushed
through.
Number 0815
CHAIRMAN IVAN stated that the bill is not intended to hurt any
authority. It is not a mandate for the 12 other housing
authorities, it is an option that some may want to take advantage
of.
Number 0869
REPRESENTATIVE AL KOOKESH stated to Mr. Smith that he hopes he has
read the bill because it states the "initial board", is a regional
housing authority that wants to initially get started, it has
nothing to do with the boards that are already in place.
Number 0904
MR. SMITH asked if that is true and which boards would it affect.
REPRESENTATIVE KOOKESH stated that it affects only the new boards
trying to get started, initial boards will have no less than 5
members.
MR. SMITH asked what housing authorities this would affect.
CHAIRMAN IVAN stated it would give expanding authorization to the
existing housing authorities (INDISC. -- TAPE STATIC).
Number 1034
MR. SMITH stated that this bill has the potential to affect Indian
housing authorities and what it costs to run the meetings, if there
is a change and the board size increases. He stated that he
realizes that it is not mandated but it opens the door for that to
occur.
Number 1044
CHAIRMAN IVAN stated that it offers that opportunity, but if the
authorities wish to keep their status quo then they may do so.
(INDISC. -- TAPE STATIC)
Number 1069
REPRESENTATIVE KOOKESH stated that he is familiar with the
association in Southeast Alaska and he would never do anything that
would impact it, financially or otherwise.
Number 1091
MR. SMITH stated that not all the housing authorities are the size
of Cook Inlet and although it is not mandatory, it opens the door
that could cost the state a lot of money. He stated that in
regards to the Aleutian housing authority, it costs a tremendous
amount to field the meetings of the board of directors.
Number 1112
REPRESENTATIVE JOULE stated that he has also come from a region of
an housing authority of (INDISC. -- TAPE STATIC). He stated that
it is an option to be taken up.
Number 1169
MR. SMITH stated that his board has not had the time to form an
opinion either way on this but the wording in the sponsor statement
clearly includes every Indian housing authority in the state of
Alaska. He requested that section be changed because there is not
specific support from all the authorities.
Number 1190
CHAIRMAN IVAN (INDISC. -- TAPE STATIC).
Number 1204
ASHLEY REED, Representative, Cook Inlet region, stated that he was
between a rock and hard place. He thanked the committee for their
consideration of the legislation. He wondered how someone could
oppose the option for more participation. He stated that Cook
Inlet, because of the large geographic area, would like to expand
the board to include more people from the different communities.
He stated that Cook Inlet Housing Authority supports the
legislation. Yesterday, the state association of housing
authorities met and decided that they needed to talk to the
individual boards. He stated that he believed that the bill does
not mandate or require anybody to do anything. There is no hidden
motive. He thanked the committee for the introduction of the
legislation.
Number 1525
REPRESENTATIVE DYSON asked if Eklutna deals with a different
housing authority.
Number 1545
FRANK PERATROVICH, Executive Director, Cook Inlet Housing
Authority; President, Alaska Housing Authority stated Eklutna
(INDISC. -- TAPE STATIC). He stated that he would like to testify
on the behalf of the Association of the Alaskan Housing Authorities
to clarify what happened. He stated that they have a normal
process on how they introduce legislation because they represent
all the regions of Alaska. The process involves taking the
legislation back to the region to discuss it with the different
villages. He stated that this legislation short-circuited that
process and that is the reason for the non-support. He pointed out
that it is not that the people are against the bill, it is just
that they have not had time to discuss it. It is an optional bill
and it is true that the authorities do not have to participate if
they do not want to; if it was only the housing authorities
decision. He stated that it is not, the "non-profits" of the
region, which are different from the housing authorities, are the
ones that appoint the board. Therefore, it is not up to the
housing authority to take action, it is made by an independent
organization that does not have an oversight on the budget or
fiscal constraints and they may make political decisions without
knowledge of the housing authorities operation. He stated that
this needs to be discussed with the authorities and that takes
time. The concern is that the association would like to have the
normal consensus process take place. He stated that if he was to
speak for the Cook Inlet Housing Authority they are in favor of the
bill because they represent 8 communities and are not in the same
financial position as some of the other housing authorities.
Number 1735
CHAIRMAN IVAN asked if he was in favor of the bill.
Number 1744
MR. PERATROVICH stated that he apologizes for his split testimony,
on behalf of Cook Inlet Housing Authority, he is in support of the
bill but on the behalf of the Alaska Housing Authority he asked for
time to take the bill to the constituents.
Number 1766
REPRESENTATIVE JERRY SANDERS asked if he had any suspicion that
this was an attempt to go around the association or if it was
because everyone thought the bill was so favorable that there would
not be any question on it.
Number 1784
MR. PERATROVICH stated that it was a mistake in communication,
usually something is drafted and is introduced the year after it is
circulated. It was circulated in the Cook Inlet region and then
sent to a lobbyist before it was sent to the full association
meeting.
Number 1871
CHUCK KATASSE, Executive Director, Tlingit Haida Regional Housing
Authority, stated that the authority does not have enough
information to determine support and in addition to that, it
appears that it is a decision that the board of directors of the
authority would want to make.
Number 1910
REPRESENTATIVE KOOKESH stated that this bill was not just born
yesterday, it has been around for a month or so and asked why the
board was not on top of it.
Number 1921
MR. KATASSE replied that he could not speak to that, it was
information that he had received about a week ago.
Number 1935
MR. SMITH stated that he believed it was submitted on the 13th and
the regional housing authorities were not consulted and they do not
monitor bills that are submitted without their knowledge.
Number 1971
CHAIRMAN IVAN (INDISC. -- TAPE STATIC) stated that as far as he was
concerned it is a good bill and maybe the authorities need time to
look at the bill.
Number 2006
MR. KATASSE stated that he is having a board of directors meeting
tomorrow and he would share it with the board and ask them for
direction on what they would like to do.
Number 2014
MR. SMITH stated that most authorities meet quarterly and without
a special meeting they would be waiting for the next quarterly
meeting. A week is not enough time.
Number 2031
REPRESENTATIVE DYSON asked if the bylaws allowed board meetings by
phone.
MR. SMITH stated that he did not know if it would be allowable for
the regional nonprofit sector.
Number 2068
CHAIRMAN IVAN stated that he would have like to move the bill out
today (INDISC. -- TAPE STATIC).
Number 2096
REPRESENTATIVE DYSON asked what are the other committees that the
bill is referred to.
CHAIRMAN IVAN replied the House Rules Committee.
Number 2122
REPRESENTATIVE DYSON made a motion to adopt the Amendment, 0-
LS1686\E.1, Bannister, 3/18/98 which reads:
Page 1, line 1, following "authorities":
Insert ";relating to the reinstatement of Native
corporations; and providing for an effective date"
Page 1, following line 3:
Insert a new bill section to read:
"*Section 1. AS 10.06.960(k) is amended to read:
(k) Notwithstanding (i) of this section and As
10.06.633(e), a corporation that is organized as a Native
village corporation under the act, that has ben
involuntarily dissolved by the commissioner under AS
10.06.633(e) may be reinstated under AS 10.06.633(e) on
or before December 31, 1998 [WITHIN ONE YEAR AFTER
AUGUST 7, 1996]. The reinstated corporation and its
shareholders have all of the rights, privileges,
liabilities, and obligations that would have applied to
them if the corporation had not been dissolved, and all
corporate and shareholder action taken during the period
of dissolution are considered to be as valid as if
dissolution had not occurred. If a corporation elects to
reinstate under this subsection and if the corporation's
previously used corporate mane is no longer available for
use by the corporation's previously used corporate name
is no longer available for use by the corporation, then,
notwithstanding AS 10.06.502 - 10.06.510, an amendment to
the articles of incorporation changing the previously
used corporate name may be adopted by action of the
corporation's board of directors alone."
Page 1, line 4"
Delete "*Section 1."
Insert "* Sec.2"
Page 1, following line 10:
Insert a new bill section to read:
"* Sec. 3. Section 1 of this act takes effect
immediately under AS 01.10.070(c)."
Number 2143
CHAIRMAN IVAN asked if there was an objection. Hearing none the
Amendment, 0-LS1686\E.1, Bannister, 3/18/98, was adopted.
Number 2153
LARRY LABOLLE, Legislative Assistant to Representative Richard
Foster, stated that there is a problem with Newtok Corporation and
their need to do a land exchange, as their community corporation
expired in 1992 for failure to file biannually and has never been
reinstated. He explained that the secondary issue is that in the
mean time, a third party has filed using the name Newtok
Corporation, therefore, they will now have to do a corporation name
change. He stated that the amendment would allow the board to do
so without going to a full vote of the membership which requires
two-thirds of the majority to vote for it. This is virtually
impossible because it is hard to get two-thirds of the people to
vote. He stated that this way of doing so was amenable to the
department.
Number 2202
REPRESENTATIVE JOULE stated that he was looking at the way the
amendment was written, it would change the title. He asked if this
would completely replace Section 1.
Number 2236
TOM WRIGHT, Legislative Assistant to Representative Ivan, stated
that it replaces Section one and renumbers Section one as Section
two.
Number 2270
REPRESENTATIVE JOULE stated that he is afraid that if it is adopted
this way, it will completely take out the entire section.
MR. WRIGHT stated that it does not take out the section but he
recommended that it be made Section 2 instead of Section 1.
Number 2275
REPRESENTATIVE DYSON stated that he reads the amendment to add a
new paragraph K (INDISC. -- TAPE STATIC)
Number 2290
MR. WRIGHT explained why it was Section K (INDISC. -- TAPE STATIC).
CHAIRMAN IVAN stated that he would like to give the association a
week (INDISC. -- TAPE STATIC).
Number 2361
MR. PERATROVICH stated that his concern is that, if it was only his
board that he was polling it would be feasible, but he is a little
bit skeptical because the real appointing authority is the
"regional non-profits." He stated that every region is different
and he is unfamiliar with their politics to be able to do this in
one week. He stated that he thought the individual board of the
housing authorities could be polled, but they are not the ones that
ultimately have the authority to make the board appointments, it is
the regional non-profit corporations. He asked for a longer period
of time.
Number 2409
CHAIRMAN IVAN asked if another week would give him more time.
Number 2423
MR. PERATROVICH replied that it would give them a better chance to
accomplish it.
Number 2433
CHAIRMAN IVAN stated that he would hold the bill over to give the
regions more time to go over the bill.
ADJOURNMENT
Number 2467
CHAIRMAN IVAN adjourned the House Standing Community and Regional
Affairs Committee at 8:54 a.m.
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