Legislature(2003 - 2004)

04/27/2004 08:11 AM House CRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
              HOUSE COMMUNITY AND REGIONAL AFFAIRS                                                                            
                       STANDING COMMITTEE                                                                                     
                         April 27, 2004                                                                                         
                           8:11 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Carl Morgan, Chair                                                                                               
Representative Kelly Wolf, Vice Chair                                                                                           
Representative Tom Anderson                                                                                                     
Representative Ralph Samuels                                                                                                    
Representative Sharon Cissna                                                                                                    
Representative Albert Kookesh                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Pete Kott                                                                                                        
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Senator Ben Stevens                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE JOINT RESOLUTION NO. 14                                                                                                  
Requesting the Federal Aviation Administration to fully staff                                                                   
and maintain flight service stations in Alaska.                                                                                 
                                                                                                                                
     - MOVED SJR 14 OUT OF COMMITTEE                                                                                            
                                                                                                                                
SENATE JOINT RESOLUTION NO. 25                                                                                                  
Recommending that certain federal funding restrictions be eased                                                                 
so that more villages in Alaska would qualify for assistance                                                                    
relating to flooding and erosion.                                                                                               
                                                                                                                                
     - MOVED SJR 25 OUT OF COMMITTEE                                                                                            
                                                                                                                                
CS FOR SENATE BILL NO. 227(STA) am                                                                                              
"An Act relating to municipal runoff elections and to municipal                                                                 
initiative and referendum elections."                                                                                           
                                                                                                                                
     - MOVED CSSB 227(STA) am OUT OF COMMITTEE                                                                                  
                                                                                                                                
HOUSE BILL NO. 461                                                                                                              
"An Act relating to enhanced 911 surcharges and to emergency                                                                    
services dispatch systems of municipalities, certain villages,                                                                  
and public corporations established by municipalities."                                                                         
                                                                                                                                
     - MOVED CSHB 461(CRA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SJR 14                                                                                                                  
SHORT TITLE: FAA FLIGHT SERVICE STATIONS                                                                                        
SPONSOR(S): SENATOR(S) OLSON                                                                                                    
                                                                                                                                
03/24/03       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/24/03       (S)       TRA, CRA                                                                                               
04/10/03       (H)       TRA AT 1:30 PM CAPITOL 17                                                                              
04/10/03       (H)       -- Meeting Canceled --                                                                                 
04/11/03       (S)       TRA RPT 3DP                                                                                            
04/11/03       (S)       DP: COWDERY, WAGONER, OLSON                                                                            
04/23/03       (S)       CRA AT 1:30 PM FAHRENKAMP 203                                                                          
04/23/03       (S)       Moved Out of Committee                                                                                 
04/23/03       (S)       MINUTE(CRA)                                                                                            
04/24/03       (S)       CRA RPT 4DP                                                                                            
04/24/03       (S)       DP: WAGONER, LINCOLN, ELTON, TAYLOR                                                                    
03/19/04       (S)       TRANSMITTED TO (H)                                                                                     
03/19/04       (S)       VERSION: SJR 14                                                                                        
03/22/04       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/22/04       (H)       TRA, CRA                                                                                               
04/20/04       (H)       TRA AT 1:30 PM CAPITOL 17                                                                              
04/20/04       (H)       Moved Out of Committee                                                                                 
04/20/04       (H)       MINUTE(TRA)                                                                                            
04/21/04       (H)       TRA RPT 5DP                                                                                            
04/21/04       (H)       DP: MASEK, OGG, STEPOVICH, KOHRING,                                                                    
04/21/04       (H)       HOLM                                                                                                   
04/27/04       (H)       CRA AT 8:00 AM CAPITOL 124                                                                             
                                                                                                                                
BILL: SJR 25                                                                                                                  
SHORT TITLE: FLOODING AND EROSION CONTROL ASSISTANCE                                                                            
SPONSOR(S): SENATOR(S) OLSON                                                                                                    
                                                                                                                                
02/06/04       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/06/04       (S)       CRA, STA                                                                                               
02/25/04       (S)       CRA AT 1:30 PM FAHRENKAMP 203                                                                          
02/25/04       (S)       Moved SJR 25 Out of Committee                                                                          
02/25/04       (S)       MINUTE(CRA)                                                                                            
02/27/04       (S)       CRA RPT   5DP                                                                                          
02/27/04       (S)       DP: STEDMAN, LINCOLN, STEVENS G, ELTON,                                                                
02/27/04       (S)       WAGONER                                                                                                
03/30/04       (S)       STA AT 3:30 PM BELTZ 211                                                                               
03/30/04       (S)       Moved  SJR 25 Out of Committee                                                                         
03/30/04       (S)       MINUTE(STA)                                                                                            
03/31/04       (S)       STA RPT 4DP                                                                                            
03/31/04       (S)       DP: STEVENS G, COWDERY, STEDMAN, GUESS                                                                 
04/16/04       (S)       TRANSMITTED TO (H)                                                                                     
04/16/04       (S)       VERSION: SJR 25                                                                                        
04/19/04       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/19/04       (H)       CRA, STA                                                                                               
04/27/04       (H)       CRA AT 8:00 AM CAPITOL 124                                                                             
                                                                                                                                
BILL: SB 227                                                                                                                  
SHORT TITLE: MUNICIPAL  ELECTIONS                                                                                               
SPONSOR(S): SENATOR(S) STEVENS G                                                                                                
                                                                                                                                
05/15/03       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/15/03       (S)       CRA, STA                                                                                               
02/18/04       (S)       CRA AT 1:30 PM FAHRENKAMP 203                                                                          
02/18/04       (S)       Moved  SB 227 Out of Committee                                                                         
02/18/04       (S)       MINUTE(CRA)                                                                                            
02/19/04       (S)       CRA RPT  4DP 1NR                                                                                       
02/19/04       (S)       DP: STEDMAN, LINCOLN, WAGONER,                                                                         
02/19/04       (S)       STEVENS G; NR: ELTON                                                                                   
02/24/04       (S)       STA AT 3:30 PM BELTZ 211                                                                               
02/24/04       (S)       Heard & Held                                                                                           
02/24/04       (S)       MINUTE(STA)                                                                                            
02/26/04       (S)       STA AT 3:30 PM BELTZ 211                                                                               
02/26/04       (S)       Moved CSSB 227(STA) Out of Committee                                                                   
02/26/04       (S)       MINUTE(STA)                                                                                            
02/27/04       (S)       STA RPT CS FORTHCOMING 1DP 2NR                                                                         
02/27/04       (S)       DP: STEVENS G; NR: COWDERY, STEDMAN                                                                    
03/01/04       (S)       STA CS RECEIVED         SAME TITLE                                                                     
03/26/04       (S)       TRANSMITTED TO (H)                                                                                     
03/26/04       (S)       VERSION: CSSB 227(STA) AM                                                                              
03/29/04       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/29/04       (H)       CRA, STA                                                                                               
04/27/04       (H)       CRA AT 8:00 AM CAPITOL 124                                                                             
                                                                                                                                
BILL: HB 461                                                                                                                  
SHORT TITLE: EMERGENCY SERVICES DISPATCH/911 SURCHARGE                                                                          
SPONSOR(S): REPRESENTATIVE(S) HOLM                                                                                              
                                                                                                                                
02/16/04       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/16/04       (H)       CRA, STA                                                                                               
03/02/04       (H)       CRA AT 8:00 AM CAPITOL 124                                                                             
03/02/04       (H)       Heard & Held <Subcommittee Assigned>                                                                   
03/02/04       (H)       MINUTE(CRA)                                                                                            
04/27/04       (H)       CRA AT 8:00 AM CAPITOL 124                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR DONALD OLSON                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Spoke as the sponsor of SJR 14 and SJR 25.                                                                 
                                                                                                                                
SENATOR GARY STEVENS                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Spoke as the sponsor of SB 227.                                                                            
                                                                                                                                
MONA LISA DREXLER, Clerk                                                                                                        
Fairbanks North Star Borough                                                                                                    
Fairbanks, Alaska                                                                                                               
POSITION  STATEMENT:    Urged  the  committee  to  forward  [CSSB
227(STA)am].                                                                                                                    
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 04-14, SIDE A                                                                                                            
Number 0001                                                                                                                     
                                                                                                                                
CHAIR  CARL  MORGAN  called  the  House  Community  and  Regional                                                             
Affairs  Standing  Committee  meeting   to  order  at  8:11  a.m.                                                               
Representatives  Morgan,  Wolf,  Anderson, Samuels,  and  Kookesh                                                               
were  present  at  the  call to  order.    Representative  Cissna                                                               
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
SJR 14-FAA FLIGHT SERVICE STATIONS                                                                                            
                                                                                                                                
CHAIR MORGAN announced that the  first order of business would be                                                               
SENATE JOINT  RESOLUTION NO. 14, Requesting  the Federal Aviation                                                               
Administration  to  fully  staff   and  maintain  flight  service                                                               
stations in Alaska.                                                                                                             
                                                                                                                                
Number 0105                                                                                                                     
                                                                                                                                
SENATOR DONALD  OLSON, Alaska State  Legislature, sponsor  of SJR
14, paraphrased  from the  following sponsor  statement [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     SJR 14 is a resolution  requesting the Federal Aviation                                                                    
     Administration to  fully staff and maintain  its flight                                                                    
     service stations in Alaska.                                                                                                
                                                                                                                                
     Alaska   is   a  vast   state   that   relies  on   air                                                                    
     transportation   for   much   of   its   commerce   and                                                                    
     connectivity.   A substantial portion  of the  State of                                                                    
     Alaska  does  not  have   the  road  infrastructure  to                                                                    
     facilitate the  transport of  freight and  the movement                                                                    
     of people.  Furthermore,  coastal and river communities                                                                    
     in  Western, Central,  and Northern  Alaska lose  their                                                                    
     marine  transportation alternative  during the  5 to  8                                                                    
     months  of winter  ice conditions.   These  communities                                                                    
     then  are solely  dependent on  air transportation  for                                                                    
     travel, goods and emergency  services for a substantial                                                                    
     part of the year.                                                                                                          
                                                                                                                                
     Furthermore, there  is a large number  of Alaskans that                                                                    
     own and fly airplanes.   Indeed, Alaska has the highest                                                                    
     percentage of general aviation users  per capita in the                                                                    
     United States.   General Aviation  users depend  on FAA                                                                    
     flight  service  stations  to  inform  them  of  runway                                                                    
     closures and conflicting runway traffic.                                                                                   
                                                                                                                                
     FAA  flight  service  stations are  essential  for  the                                                                    
     continued  safety and  dependability of  Alaska's vital                                                                    
     air  transportation  network.     Both  commercial  and                                                                    
     private  pilots are  totally reliant  on the  expertise                                                                    
     and competence of FAA's flight  service personnel.  The                                                                    
     state of  Alaska has over  180 airports that  depend on                                                                    
     flight  service stations  for  weather updates,  runway                                                                    
     conditions, and assistance with safe air travel.                                                                           
                                                                                                                                
     I respectfully  urge your support for  this resolution,                                                                    
     helping to ensure the safety of air travel in Alaska.                                                                      
                                                                                                                                
CHAIR MORGAN, upon determining there were no questions and no                                                                   
one wishing to testify, announced that public testimony was                                                                     
closed.                                                                                                                         
                                                                                                                                
Number 0364                                                                                                                     
                                                                                                                                
REPRESENTATIVE WOLF moved to report  SJR 14 out of committee with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There  being no  objection, SJR  14 was  reported from  the House                                                               
Community and Regional Affairs Standing Committee.                                                                              
                                                                                                                                
SJR 25-FLOODING AND EROSION CONTROL ASSISTANCE                                                                                
                                                                                                                                
CHAIR MORGAN announced  that the next order of  business would be                                                               
SENATE  JOINT  RESOLUTION  NO.   25,  Recommending  that  certain                                                               
federal funding  restrictions be eased  so that more  villages in                                                               
Alaska  would qualify  for assistance  relating  to flooding  and                                                               
erosion.                                                                                                                        
                                                                                                                                
Number 0452                                                                                                                     
                                                                                                                                
SENATOR DONALD  OLSON, Alaska State  Legislature, sponsor  of SJR
25, provided the following statements:                                                                                          
                                                                                                                                
     On  November  8,  2003,  a  winter  storm  hit  western                                                                    
     Alaska.    This  storm caused  considerable  damage  to                                                                    
     Unalakleet, Shishmaref, and  some of Nome's surrounding                                                                    
     areas.   While  the governor  had declared  a state  of                                                                    
     disaster because  of the  storm, the  continued effects                                                                    
     of the erosion on the  villages of Alaska are not being                                                                    
     solved by emergency disaster  declarations.  Because of                                                                    
     that we need help and  a coordinated effort by the Army                                                                    
     Corps  of  Engineers.   One  of  the difficulties  that                                                                    
     we've been facing  is that the Army  Corps of Engineers                                                                    
     has a cost  and benefit analysis for  projects in rural                                                                    
     Alaska.   SJR 25  is a  resolution requesting  that the                                                                    
     Army  Corps   of  Engineers  go  ahead   and  ease  the                                                                    
     restrictions  of the  cost-benefit  analysis for  these                                                                    
     projects.                                                                                                                  
                                                                                                                                
     I  proposed   this  resolution  in  response   to  many                                                                    
     concerns   voiced   by    my   constituents   and   the                                                                    
     constituents in  other parts of  Alaska, outside  of my                                                                    
     district,  with  regard  to the  erosion  and  flooding                                                                    
     problems that plague rural Alaska.   Currently, many of                                                                    
     the  villages  in  western Alaska  and  throughout  the                                                                    
     state are  not receiving the assistance  needed for the                                                                    
     protection of life and property,  and because of that I                                                                    
     urge  your   support  for  this  resolution   to  focus                                                                    
     attention on this very serious matter.                                                                                     
                                                                                                                                
CHAIR MORGAN,  upon determining  there were  no questions  and no                                                               
one  wishing  to testify,  announced  that  public testimony  was                                                               
closed.                                                                                                                         
                                                                                                                                
Number 0613                                                                                                                     
                                                                                                                                
REPRESENTATIVE ANDERSON moved  to report SJR 25  out of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.   There being no objection,  SJR 25 was reported  from the                                                               
House Community and Regional Affairs Standing Committee.                                                                        
                                                                                                                                
The committee took an at-ease from 8:20 a.m. to 8:21 a.m.                                                                       
                                                                                                                                
SB 227-MUNICIPAL  ELECTIONS                                                                                                   
                                                                                                                                
CHAIR MORGAN announced  that the next order of  business would be                                                               
CS  FOR  SENATE  BILL  NO.  227(STA)  am,  "An  Act  relating  to                                                               
municipal  runoff  elections  and  to  municipal  initiative  and                                                               
referendum elections."                                                                                                          
                                                                                                                                
Number 0721                                                                                                                     
                                                                                                                                
SENATOR  GARY STEVENS,  Alaska State  Legislature, sponsor  of SB
227,  explained  that  his  original   legislation  is  found  in                                                               
Sections 4-6 of  CSSB 227(STA)am.  The  original legislation came                                                               
about due to requests from  several municipalities that wanted to                                                               
find a way to avoid the  cost of special initiative elections and                                                               
referendums.   This legislation would allow  the municipality the                                                               
option  to decide  not  to  have a  special  election  if it  was                                                               
determined that  the issue  wasn't so  imminent or  important and                                                               
could wait  until the next regular  election to be placed  on the                                                               
ballot.  Current  law forces municipalities to  hold elections on                                                               
referendums  and  initiatives  within   75  days.    The  special                                                               
elections  can be  costly and  burdensome for  the municipalities                                                               
and generate  low voter turnout.   For example, in  the Fairbanks                                                               
North Star  Borough 46  petitions were filed  during a  period of                                                               
four months and although it  resulted in one special election, it                                                               
could've  been an  onerous situation.    The cost  for a  special                                                               
election  in the  Fairbanks North  Star Borough  is approximately                                                               
$35,000  and  requires  more volunteers  as  well  as  additional                                                               
workload on  municipal employees.  Therefore,  Sections 4-6 would                                                               
create an option for municipalities  that streamlines the process                                                               
and saves money.                                                                                                                
                                                                                                                                
SENATOR GARY STEVENS pointed out  that Sections 1-3, which was an                                                               
amendment made  on the Senate  floor, are specific  to Anchorage.                                                               
Sections 1-3  allow communities with  a population  under 100,000                                                               
to choose by  ordinance to elect a mayor with  over 40 percent of                                                               
the vote.   However,  the language  on page  2, lines  2-4, would                                                               
require that a  mayoral candidate in Anchorage  must receive over                                                               
50  percent of  the votes,  otherwise a  runoff election  will be                                                               
held.                                                                                                                           
                                                                                                                                
Number 1036                                                                                                                     
                                                                                                                                
REPRESENTATIVE ANDERSON asked if  Senator Gary Stevens would like                                                               
anything in CSSB 227(STA)am to be changed in the House.                                                                         
                                                                                                                                
SENATOR GARY STEVENS noted that he  did vote for the Senate floor                                                               
amendment.                                                                                                                      
                                                                                                                                
REPRESENTATIVE ANDERSON  noted that he  has received quite  a few                                                               
e-mails  in  opposition  to  requiring  a  mayoral  candidate  to                                                               
receive 50 percent of the votes because it's costly.                                                                            
                                                                                                                                
SENATOR  GARY STEVENS  stated that  the  original legislation  is                                                               
quite sound and  logical, and therefore he said he  would hate to                                                               
see the  Senate floor amendment dealing  with Anchorage's mayoral                                                               
race stop the legislation's progress.                                                                                           
                                                                                                                                
Number 1166                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KOOKESH recalled  that there  was an  election to                                                               
determine the [percentages] required for a mayoral election.                                                                    
                                                                                                                                
SENATOR GARY STEVENS said he believes that is true.                                                                             
                                                                                                                                
REPRESENTATIVE  KOOKESH  questioned  why the  legislature  should                                                               
pass  legislation  overturning  what   the  people  of  Anchorage                                                               
decided  on via  a  vote.   He  noted  his  discomfort with  such                                                               
action.                                                                                                                         
                                                                                                                                
Number 1321                                                                                                                     
                                                                                                                                
MONA LISA DREXLER, Clerk, Fairbanks  North Star Borough, informed                                                               
the committee  that she  is speaking on  behalf of  the Fairbanks                                                               
North Star Borough  Assembly as well as her office.   Ms. Drexler                                                               
announced that the Fairbanks North  Star Borough supports SB 227.                                                               
It's important to address the  initiative and referendum petition                                                               
process  that was  addressed in  the original  legislation.   She                                                               
then  turned  to what  this  legislation  means to  second  class                                                               
boroughs, second  class cities, cities that  don't have charters,                                                               
and cities that aren't home  ruled.  Yesterday, the Kenai Borough                                                               
municipal clerk  approved three  petition applications.   Without                                                               
this  legislation, if  those petitioners  submit  petitions by  a                                                               
certain date, the  Kenai Borough will have a  special election in                                                               
September, which is  just prior to the  regular October election.                                                               
Ms. Drexler related that in the  last two weeks she has had three                                                               
requests  for  petition  applications,   which  could  result  in                                                               
another  special  election  in  Fairbanks prior  to  the  October                                                               
election.   Special  elections are  costly, she  emphasized.   In                                                               
fact, she  recalled that the  last special election  in Fairbanks                                                               
cost  $60,000, not  including  the clerk's  staff  time or  other                                                               
issues.   However,  the voter  turnout was  dismal.   Ms. Drexler                                                               
said, "We speak in  favor of the bill as it  was amended with the                                                               
local option.  That was the intent  of those of us that asked for                                                               
it to be there all along.   We support local options."  She urged                                                               
the committee to forward [CSSB 227(STA)am].                                                                                     
                                                                                                                                
SENATOR GARY  STEVENS asked  if any  of the  issues in  Kenai and                                                               
Fairbanks are of such importance that  they need to be decided in                                                               
September rather  than October.   The issues in Kenai  could wait                                                               
until October  as those deal  with some service area  issues that                                                               
are generally placed  on the October ballot.  With  regard to the                                                               
last two special  elections Fairbanks had, both  of them could've                                                               
waited  until  October.   Furthermore,  the  upcoming  issues  in                                                               
Fairbanks  could  also  wait  until October.    However,  if  the                                                               
borough assembly  felt that it  was in  the best interest  of the                                                               
public to place a matter  before the public, the borough assembly                                                               
can call a special election to make it happen.                                                                                  
                                                                                                                                
REPRESENTATIVE  WOLF  turned  to   the  petitions  in  the  Kenai                                                               
Peninsula Borough and inquired as  to whether those are being put                                                               
forth by special interest groups or individuals.                                                                                
                                                                                                                                
MS. DREXLER said that she didn't  know the issues because she and                                                               
the  Kenai   Peninsula  Borough  clerk  were   merely  discussing                                                               
timelines.  Ms. Drexler related  that the Kenai Peninsula Borough                                                               
Clerk  had wanted  Ms.  Drexler to  emphasize  the importance  of                                                               
timing.  Under  current state law, not having the  option to wait                                                               
until the October regular election is very costly.                                                                              
                                                                                                                                
Number 1811                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ANDERSON informed  the  committee that  Anchorage                                                               
had a  50 percent  plus rule [for  mayoral elections].   However,                                                               
during  the  2003  mayoral  election there  was  also  a  charter                                                               
amendment  to reduce  the 50  percent  plus rule  to 45  percent,                                                               
which  passed.   Therefore,  the 45  percent  rule afforded  Mark                                                               
Begich  the victory  by a  slight  [margin].   He recalled  there                                                               
being a  view that  Mayor Begich didn't  receive a  true majority                                                               
because  he   wasn't  supported  by   over  50  percent   of  the                                                               
electorate.   He  explained, "The  contention came  because folks                                                               
said,  'Hey, if  you  add  this 50  percent  rule  and there  are                                                               
special elections, it's  going to be expensive  and there's going                                                               
to be  a small turnout.'"   However, in 2000 the  runoff election                                                               
for the mayor's race resulted in 6,000 more people voting.                                                                      
                                                                                                                                
REPRESENTATIVE   CISSNA  commented   that  numerous   legislators                                                               
haven't received 50  percent of the vote.   She, then, questioned                                                               
why   the   legislature   should    be   making   decisions   for                                                               
municipalities.                                                                                                                 
                                                                                                                                
SENATOR GARY  STEVENS pointed  out that  the state's  laws govern                                                               
municipal elections, which is what this legislation would amend.                                                                
                                                                                                                                
REPRESENTATIVE ANDERSON  opined that  this is  about the  idea of                                                               
consensus and  Anchorage's history illustrates that  there can be                                                               
increased voter turnout during a special election.                                                                              
                                                                                                                                
REPRESENTATIVE KOOKESH echoed earlier  concern with regard to the                                                               
legislature overturning a local government's decision.                                                                          
                                                                                                                                
Number 2140                                                                                                                     
                                                                                                                                
CHAIR  MORGAN added  that [the  legislature] has  had no  problem                                                               
dictating  what should  occur in  rural Alaska.   He  highlighted                                                               
"boroughization" and forced accounting as  examples.  With regard                                                               
to a  legislator winning  by less than  40 percent,  Chair Morgan                                                               
noted that  he had  to go  through a  primary before  the regular                                                               
election.  Chair Morgan noted  that he agreed with Representative                                                               
Kookesh.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  ANDERSON   said  that  he  didn't   believe  this                                                               
legislation  would  impair  any future  elections  because  there                                                               
would  be knowledge  of it.    Representative Anderson  commented                                                               
that this is good legislation.                                                                                                  
                                                                                                                                
SENATOR GARY  STEVENS deferred to  Senator Ben  Stevens regarding                                                               
any questions concerning Sections 1-3.                                                                                          
                                                                                                                                
CHAIR MORGAN,  upon determining there  were no  further questions                                                               
and no one else who wished to testify, closed public testimony.                                                                 
                                                                                                                                
Number 2345                                                                                                                     
                                                                                                                                
REPRESENTATIVE CISSNA  moved that  the committee  adopt Amendment                                                               
1, which read:                                                                                                                  
                                                                                                                                
     Page 1, Line 12-Page 2, Line 6; delete all material                                                                        
                                                                                                                                
     Renumber sections accordingly.                                                                                             
                                                                                                                                
REPRESENTATIVE CISSNA  explained that Amendment 1  would maintain                                                               
local power.                                                                                                                    
                                                                                                                                
REPRESENTATIVES ANDERSON AND WOLF objected.                                                                                     
                                                                                                                                
REPRESENTATIVE  CISSNA   indicated  that  this  is   an  unfunded                                                               
mandates.    Representative  Cissna   said  that  these  type  of                                                               
decisions should be local decisions.                                                                                            
                                                                                                                                
Number 2617                                                                                                                     
                                                                                                                                
REPRESENTATIVE ANDERSON maintained his  objection to Amendment 1,                                                               
and  opined that  the adoption  of Amendment  1 would  discourage                                                               
voter turnout.  He related  his belief that Senator [Ben] Stevens                                                               
[offered the amendment  to CSSB 227(STA) on the  Senate floor] in                                                               
order  to   encourage  voter  turnout  and   embrace  a  majority                                                               
consensus  in  an  election.    As  policymakers,  Representative                                                               
Anderson opined  that it's in  the legislature's purview  to work                                                               
with municipalities, which the legislature funds in many ways.                                                                  
                                                                                                                                
REPRESENTATIVE  WOLF  maintained  his   objection  as  well,  and                                                               
expressed  the need  to adhere  to people's  wishes in  regard to                                                               
electing someone with the majority of voters.                                                                                   
                                                                                                                                
REPRESENTATIVE  KOOKESH  interjected   that  Representative  Wolf                                                               
should  vote for  Amendment  1 because  the  people in  Anchorage                                                               
voted for a certain percentage.                                                                                                 
                                                                                                                                
A roll call  vote was taken.  Representatives  Cissna and Kookesh                                                               
voted  in  favor  of  Amendment  1.    Representatives  Anderson,                                                               
Samuels,  Wolf,   and  Morgan  voted  against   it.    Therefore,                                                               
Amendment 1 failed by a vote of 2-4.                                                                                            
                                                                                                                                
Number 2758                                                                                                                     
                                                                                                                                
REPRESENTATIVE ANDERSON  moved to  report CSSB 227(STA)am  out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
zero fiscal note.                                                                                                               
                                                                                                                                
REPRESENTATIVE CISSNA objected.                                                                                                 
                                                                                                                                
A  roll call  vote was  taken.   Representatives Wolf,  Anderson,                                                               
Samuels, and Morgan voted in  favor of reporting CSSB 227(STA)am.                                                               
Representatives Cissna and Kookesh  voted against it.  Therefore,                                                               
CSSB  227(STA)am was  reported  out of  the  House Community  and                                                               
Regional Affairs Standing Committee by a vote of 4-2.                                                                           
                                                                                                                                
The committee took an at-ease from 8:55 a.m. to 8:58 a.m.                                                                       
                                                                                                                                
HB 461-EMERGENCY SERVICES DISPATCH/911 SURCHARGE                                                                              
                                                                                                                                
CHAIR MORGAN announced that the  final order of business would be                                                               
HOUSE BILL NO.  461, "An Act relating to  enhanced 911 surcharges                                                               
and  to emergency  services dispatch  systems of  municipalities,                                                               
certain   villages,  and   public  corporations   established  by                                                               
municipalities."                                                                                                                
                                                                                                                                
Number 2830                                                                                                                     
                                                                                                                                
REPRESENTATIVE  WOLF  moved  that  the  committee  bring  out  of                                                               
subcommittee  CSHB  461,   Version  23-LS1633\W,  Cook,  4/21/04.                                                               
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
CHAIR  MORGAN remarked  that  Version W  doesn't  really fix  the                                                               
problem in the Bush, and  therefore the committee packet includes                                                               
an amendment  that would  provide a  solution for  the Bush.   He                                                               
indicated  that he  has spoken  with Representative  Kott on  the                                                               
matter as well as Bush constituents.                                                                                            
                                                                                                                                
REPRESENTATIVE  ANDERSON disclosed  that  he  worked on  contract                                                               
with the Alaska Telephone Association  last summer, and therefore                                                               
he requested that he not have to vote on this matter.                                                                           
                                                                                                                                
REPRESENTATIVE  SAMUELS  objected, and  therefore  Representative                                                               
Anderson was required to vote.                                                                                                  
                                                                                                                                
CHAIR MORGAN  explained that  the amendment  would result  in the                                                               
state  providing  a  toll-free statewide  default  public  safety                                                               
answering point  (PSAP) for areas in  which there is no  local or                                                               
regional PSAP.  The amendment [Amendment 1] read as follows:                                                                    
                                                                                                                                
     Page 5, line 2, following "enhanced,":                                                                                     
          Insert "for areas where there is no local or                                                                          
       regional public safety answering point, the state                                                                        
      shall provide a toll-free, statewide default public                                                                       
     safety answering point to which"                                                                                           
                                                                                                                                
     Page 5, lines 3 and 4:                                                                                                     
          Delete "that provides wireline service to an area                                                                     
     outside a municipality"                                                                                                    
                                                                                                                                
     Page 5, line 4, following "base":                                                                                          
          Insert "."                                                                                                            
                                                                                                                                
     Page 5, lines 5 and 6:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
Number 2942                                                                                                                     
                                                                                                                                
REPRESENTATIVE CISSNA asked  if this amendment would  result in a                                                               
fiscal impact.                                                                                                                  
                                                                                                                                
CHAIR MORGAN replied  yes, and suggested that  perhaps two people                                                               
would be needed [to staff a statewide default PSAP].                                                                            
                                                                                                                                
REPRESENTATIVE SAMUELS  inquired as to  whether the [staff  for a                                                               
statewide  default PSAP]  could be  incorporated with  the Alaska                                                               
State Troopers.                                                                                                                 
                                                                                                                                
REPRESENTATIVE CISSNA pointed out  that the Alaska State Troopers                                                               
are already stressed.                                                                                                           
                                                                                                                                
CHAIR MORGAN  informed the committee  that in Aniak if  one dials                                                               
911,  the   only  response  is  for   fire  and  life-threatening                                                               
situations.  However, a felony  or a crime which necessitates the                                                               
Alaska State Troopers  results in a long-distance  call to Bethel                                                               
so that the sergeant approve [the dispatch to Aniak].                                                                           
                                                                                                                                
TAPE 04-14, SIDE B                                                                                                            
                                                                                                                                
REPRESENTATIVE WOLF  asked if anyone  knew where a 911  call from                                                               
Pilot Station would be directed.                                                                                                
                                                                                                                                
REPRESENTATIVE SAMUELS  assumed that  it would  go to  the Alaska                                                               
State Troopers headquarters in Anchorage.                                                                                       
                                                                                                                                
CHAIR  MORGAN interjected  that he  wasn't  sure a  911 call  for                                                               
Pilot  Station would  be  directed to  anyone,  unless the  local                                                               
telephone company directed it to  the local village public safety                                                               
officer  (VPSO).   In response  to Representative  Kookesh, Chair                                                               
Morgan   specified    that   the   amendment   would    fix   the                                                               
aforementioned.   He  related that  the Bush  telephone companies                                                               
believe 911 is a good idea,  but they also believe someone has to                                                               
available to answer the call.                                                                                                   
                                                                                                                                
REPRESENTATIVE WOLF related  his assumption that a  911 call from                                                               
Levelock would  be routed to  King Salmon  or Naknek, which  is a                                                               
distance.   He  surmised that  the amendment  wouldn't require  a                                                               
short-time response.                                                                                                            
                                                                                                                                
CHAIR  MORGAN agreed,  and clarified  that  the amendment  merely                                                               
provide a person [to answer the 911 call].                                                                                      
                                                                                                                                
Number 2894                                                                                                                     
                                                                                                                                
REPRESENTATIVE SAMUELS opined that it  makes sense for a 911 call                                                               
to be  routed to King  Salmon or Naknek  where there is  a police                                                               
department.   He asked  if the statewide  default PSAP  should be                                                               
routed to the  closest borough police department,  where there is                                                               
already a 24-hour dispatch person.   Therefore, the language "the                                                               
state shall provide" means that  the closest police department is                                                               
where the call will be directed.                                                                                                
                                                                                                                                
REPRESENTATIVE  CISSNA asked  whether  changing  the language  to                                                               
refer to  a regional  public safety hub  rather than  "the state"                                                               
would  eliminate  the  need  for a  fiscal  note,  and  therefore                                                               
possibly  have  a chance  of  passing.    She predicated  that  a                                                               
referral  to   the  House  Finance   Committee  would   kill  the                                                               
legislation.                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KOOKESH   pointed   out    that   there   is   a                                                               
constitutional  requirement  for  the  state  to  provide  public                                                               
safety in this state.  If  VSPOs and Alaska State Troopers aren't                                                               
going  to be  placed in  every  community, then  there should  at                                                               
least be a  way in which to contact Alaska  State Troopers, which                                                               
is what this amendment would achieve.                                                                                           
                                                                                                                                
Number 2776                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ANDERSON expressed  concern that  the members  of                                                               
the  Alaska  Telephone  Association  would  have  to  fund  this,                                                               
although  it's  for  public safety.    Therefore,  the  telephone                                                               
providers were nervous  because they didn't feel  that they could                                                               
afford  this.   However,  he agreed  with Representative  Kookesh                                                               
that there has to be some sort of  public safety.  If this is the                                                               
best means at  this juncture, he announced that  he would support                                                               
the amendment.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  CISSNA suggested  changing  the  language of  the                                                               
amendment  such  that it  refers  to  a "regional  public  safety                                                               
point" rather than specifying that "the state shall provide".                                                                   
                                                                                                                                
REPRESENTATIVE SAMUELS  pointed out that the  language "the state                                                               
shall provide"  doesn't mean that  the state  has to man  a PSAP.                                                               
There may be  some communities that would prefer 911  calls to be                                                               
routed to a specific location rather than a regional PSAP.                                                                      
                                                                                                                                
REPRESENTATIVE ANDERSON  interjected that such a  language change                                                               
would probably  cause boroughs  to feel that  they are  forced to                                                               
pay for this system by employing staff.                                                                                         
                                                                                                                                
REPRESENTATIVE CISSNA  clarified that  she isn't  suggesting that                                                               
it be the borough, but rather the regional state [PSAP].                                                                        
                                                                                                                                
CHAIR MORGAN said that's what the amendment does.                                                                               
                                                                                                                                
Number 2622                                                                                                                     
                                                                                                                                
REPRESENTATIVES CISSNA  and WOLF  moved that the  committee adopt                                                               
Amendment 1 [text provided previously].                                                                                         
                                                                                                                                
REPRESENTATIVE WOLF objected for discussion purposes.                                                                           
                                                                                                                                
REPRESENTATIVE CISSNA asked if  a conceptual amendment specifying                                                               
that the  language "the state"  refers to the next  highest local                                                               
regional state  entity" could be  referred to the  next committee                                                               
of referral.                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOOKESH opined that the amendment is worded fine.                                                                
                                                                                                                                
REPRESENTATIVE ANDERSON  explained that the amendment  means that                                                               
if there isn't a local or  regional PSAP, the state would have to                                                               
provide a toll-free  PSAP.  However, he noted  that the toll-free                                                               
PSAP may  be a dispatch point.   He related his  presumption that                                                               
it would be covered by the Department of Public Safety.                                                                         
                                                                                                                                
Number 2543                                                                                                                     
                                                                                                                                
REPRESENTATIVE   WOLF  asked   if  the   amendment  is   allowing                                                               
communities in rural Alaska to opt-out  of the fee proposed in HB
461 for enhanced 911 services.                                                                                                  
                                                                                                                                
CHAIR MORGAN related that the  rural telephone operators to which                                                               
he spoke aren't  going to opt-out because they  don't mind paying                                                               
the $1.00 fee.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  SAMUELS  said  that  he  read  the  amendment  to                                                               
specify  that the  phone call  is free,  but the  $1.00 per  line                                                               
would still be paid.                                                                                                            
                                                                                                                                
REPRESENTATIVE WOLF withdrew his objection.                                                                                     
                                                                                                                                
There being no further objections, Amendment 1 was adopted.                                                                     
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
Number 2428                                                                                                                     
                                                                                                                                
REPRESENTATIVE WOLF moved to report CSHB 461, Version 23-                                                                       
LS1633\W,  Cook,  4/21/04,  as  amended, out  of  committee  with                                                               
individual recommendations,  the accompanying fiscal note,  and a                                                               
forthcoming  fiscal  note.    There   being  no  objection,  CSHB
461(CRA)  was  reported from  the  House  Community and  Regional                                                               
Affairs Standing Committee.                                                                                                     
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Community and Regional Affairs Standing Committee meeting was                                                                   
adjourned at 9:16 a.m.                                                                                                          
                                                                                                                                
                                                                                                                                

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