Legislature(2013 - 2014)BARNES 124

04/15/2014 08:00 AM House COMMUNITY & REGIONAL AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 157 FIRE PROTECTION SERVICE AREAS TELECONFERENCED
Moved HCS SB 157(CRA) Out of Committee
+ SB 213 MUNICIPAL ELECTION BOARDS TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
    HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE                                                                   
                         April 15, 2014                                                                                         
                           8:07 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Gabrielle LeDoux, Co-Chair                                                                                       
Representative Benjamin Nageak, Co-Chair                                                                                        
Representative Bob Herron                                                                                                       
Representative Sam Kito III                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Neal Foster                                                                                                      
Representative Kurt Olson                                                                                                       
Representative Lora Reinbold                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 157                                                                                                             
"An Act relating to municipal fire protection service area                                                                      
boundary changes."                                                                                                              
                                                                                                                                
     - MOVED HCS SB 157(CRA) OUT OF COMMITTEE                                                                                   
                                                                                                                                
SENATE BILL NO. 213                                                                                                             
"An Act relating to the appointment of municipal election                                                                       
boards."                                                                                                                        
                                                                                                                                
     - MOVED SB 213 OUT OF COMMITTEE                                                                                            
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 157                                                                                                                  
SHORT TITLE: FIRE PROTECTION SERVICE AREAS                                                                                      
SPONSOR(s): SENATOR(s) COGHILL                                                                                                  
                                                                                                                                
02/05/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/05/14       (S)       CRA                                                                                                    
02/18/14       (S)       CRA AT 3:30 PM BUTROVICH 205                                                                           
02/18/14       (S)       Heard & Held                                                                                           
02/18/14       (S)       MINUTE(CRA)                                                                                            
02/20/14       (S)       CRA AT 3:30 PM BUTROVICH 205                                                                           
02/20/14       (S)       Moved SB 157 Out of Committee                                                                          
02/20/14       (S)       MINUTE(CRA)                                                                                            
02/21/14       (S)       CRA RPT  5DP                                                                                           
02/21/14       (S)       DP: MICCICHE, EGAN, BISHOP, GIESSEL,                                                                   
                         HOFFMAN                                                                                                
02/24/14       (S)       TRANSMITTED TO (H)                                                                                     
02/24/14       (S)       VERSION: SB 157                                                                                        
02/26/14       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/26/14       (H)       CRA                                                                                                    
04/15/14       (H)       CRA AT 8:00 AM BARNES 124                                                                              
                                                                                                                                
BILL: SB 213                                                                                                                  
SHORT TITLE: MUNICIPAL ELECTION BOARDS                                                                                          
SPONSOR(s): COMMUNITY & REGIONAL AFFAIRS                                                                                        
                                                                                                                                
03/17/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/17/14       (S)       CRA                                                                                                    
03/20/14       (S)       CRA AT 3:30 PM BUTROVICH 205                                                                           
03/20/14       (S)       Moved SB 213 Out of Committee                                                                          
03/20/14       (S)       MINUTE(CRA)                                                                                            
03/21/14       (S)       CRA RPT   4DP                                                                                          
03/21/14       (S)       DP: MICCICHE, EGAN, BISHOP, GIESSEL                                                                    
04/11/14       (S)       TRANSMITTED TO (H)                                                                                     
04/11/14       (S)       VERSION: SB 213                                                                                        
04/13/14       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/13/14       (H)       CRA                                                                                                    
04/15/14       (H)       CRA AT 8:00 AM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
HANS RODVIK, Intern                                                                                                             
to Senator John Coghill                                                                                                         
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented HCS SB 157, version C, on behalf                                                                
of Senator Coghill.                                                                                                             
                                                                                                                                
DAVID GIBBS, Director                                                                                                           
Emergency Operations                                                                                                            
Fairbanks North Star Borough                                                                                                    
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Spoke in support of HCS SB 157, Version C.                                                                
                                                                                                                                
JEFF TUCKER, Representative                                                                                                     
Alaska Fire Chiefs Association                                                                                                  
Kenai, Alaska                                                                                                                   
POSITION STATEMENT: Spoke in support of HCS SB 157, Version C.                                                                
                                                                                                                                
LARRY SIMMONS, Staff                                                                                                            
to Senator Peter Micciche                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:  Presented  SB  213  on  behalf  of  Senator                                                             
Micciche.                                                                                                                       
                                                                                                                                
JOHNI BLANKENSHIP, Clerk                                                                                                        
Kenai Peninsula Borough                                                                                                         
Kenai, Alaska                                                                                                                   
POSITION STATEMENT: Testified in support of SB 213.                                                                           
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:07:36 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  GABRIELLE   LEDOUX  called  the  House   Community  and                                                             
Regional  Affairs Standing  Committee  meeting to  order at  8:07                                                               
a.m.    Representatives Herron,  Kito,  Nageak,  and LeDoux  were                                                               
present at the call to order.                                                                                                   
                                                                                                                                
              SB 157-FIRE PROTECTION SERVICE AREAS                                                                          
                                                                                                                                
8:08:33 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX announced that the  first order of business would                                                               
be  SENATE BILL  NO.  157,  "An Act  relating  to municipal  fire                                                               
protection service area boundary changes."                                                                                      
                                                                                                                                
CO-CHAIR NAGEAK moved to adopt  the House Committee Substitute to                                                               
SB 157, labeled 28-LS1329\C, as the working document.                                                                           
                                                                                                                                
CO-CHAIR LEDOUX objected.                                                                                                       
                                                                                                                                
8:09:19 AM                                                                                                                    
                                                                                                                                
HANS  RODVIK,   Intern,  Senator   John  Coghill,   Alaska  State                                                               
Legislature,  said Version  C changes  SB  157 to  apply only  to                                                               
Alaska's  seven  second  class  boroughs.   He  noted  that  fire                                                               
service areas in second class  boroughs serve only areas that are                                                               
outside of city  limits, and there were concerns  of "first class                                                               
boroughs scooping  up some areas that  are on the borders."   The                                                               
intent of SB 157  is to ensure that in the  case of an emergency,                                                               
property owners  are served by  the nearest fire department.   He                                                               
provided maps  to the committee,  which show there are  some fire                                                               
departments that travel through a  different fire service area to                                                               
reach  the parcel  requesting help.   Fire  crews will  sometimes                                                               
pass  by another  fire  department, and  SB  157 allows  property                                                               
owners  and  municipalities  a  quick fix  to  this  problem,  he                                                               
explained.   Under current law,  local assemblies  can moderately                                                               
increase  the number  of  land  parcels in  a  fire service  area                                                               
without the  vote of property  owners, and  SB 157 will  allow an                                                               
assembly to also  reduce the number of parcels in  a fire service                                                               
area so long as the property owners concur.                                                                                     
                                                                                                                                
MR. RODVIK  noted that  current law requires  an election  of the                                                               
entire service  area just to  remove one  parcel or make  a minor                                                               
boundary change.   That is costly and cumbersome,  he stated, and                                                               
the vote  often has  dismal participation.   The  bill simplifies                                                               
the process  by allowing  property owners,  only in  second class                                                               
boroughs,  to request  removal from  a  fire service  area or  be                                                               
transferred into another area that  provides more accessible fire                                                               
protection.   He  said  that fire  service  areas are  constantly                                                               
growing and being  created, and SB 157 allows  property owners to                                                               
adjust quickly to these boundary changes.                                                                                       
                                                                                                                                
8:14:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KITO  III  asked   if  there  are  problems  with                                                               
existing  statute  for increasing  the  number  of parcels  in  a                                                               
service area; the map makes it  look like there would be a parcel                                                               
that would be removed from a service area and added to another.                                                                 
                                                                                                                                
MR. RODVIK  said SB  157 simplifies the  process of  shifting the                                                               
parcel.   Currently,  that  shift would  require  a fire  service                                                               
area-wide  election.   Under  the bill,  if  the property  owners                                                               
request  being transferred  to another  service area,  it can  be                                                               
done without having to go through the long election process.                                                                    
                                                                                                                                
8:16:16 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX withdrew  her objection.  There  being no further                                                               
objections, Version C was before the committee.                                                                                 
                                                                                                                                
8:16:39 AM                                                                                                                    
                                                                                                                                
DAVID  GIBBS,  Director,  Emergency Operations,  Fairbanks  North                                                               
Star  Borough,  said  that  the   Fairbanks  North  Star  Borough                                                               
supports the  new version  of SB  157.   Fire service  areas were                                                               
established in  the early 1980s,  he explained, with  an estimate                                                               
of  future growth  patterns.   There are  a few  situations where                                                               
development  has not  occurred as  anticipated, and  service area                                                               
residents may be  receiving substandard response times.   The fix                                                               
is overly  cumbersome as  it requires the  expense and  effort of                                                               
multiple  elections  to  make  even   minor  adjustments  to  the                                                               
boundaries of  existing fire  service areas,  he stated.   Senate                                                               
Bill 157  provides a  much needed tool  by giving  a municipality                                                               
the  authority to  decrease or  transfer, by  ordinance, a  small                                                               
number  of  parcels in  a  fire  service  area, and  it  provides                                                               
property owners with  an opportunity for a  public hearing before                                                               
any action  is taken.   He  noted that  some residents  are still                                                               
paying fire  protection taxes, but  due to  limited accessibility                                                               
cannot expect to receive high  quality fire services.  Passage of                                                               
SB 157,  along with companion ordinances  by municipalities, will                                                               
allow a  property owner  to petition a  municipality to  have the                                                               
property removed from  a fire service area until  there is better                                                               
road access, for  example.  He said there is  no mechanism now to                                                               
remove  people from  fire service  areas who  cannot receive  the                                                               
service.   Parcels  can  also  be transferred  to  a closer  fire                                                               
service area for increased fire protection, he added.                                                                           
                                                                                                                                
8:20:16 AM                                                                                                                    
                                                                                                                                
JEFF  TUCKER,  Representative,  Alaska Fire  Chiefs  Association,                                                               
said he was  recently the chief of the North  Star Volunteer Fire                                                               
Department.  The  Alaska Fire Chiefs Association  supports SB 157                                                               
as it  will help  provide the most  effective and  efficient fire                                                               
service, he stated.  The  current process is cumbersome, he said,                                                               
and disallows  a municipality to  adjust fire  service boundaries                                                               
so that the closest fire service can respond.                                                                                   
                                                                                                                                
8:21:41 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX closed public testimony.                                                                                        
                                                                                                                                
CO-CHAIR NAGEAK moved to report  HCS SB 157, Version 28-LS1329\C,                                                               
Bullard,    4/14/14,   out    of   committee    with   individual                                                               
recommendations and  the accompanying  fiscal note.   There being                                                               
no  objection,  HCS  SB  157(CRA) was  reported  from  the  House                                                               
Community and Regional Affairs Standing Committee.                                                                              
                                                                                                                                
The committee took an at-ease from 8:22 a.m. to 8:24 a.m.                                                                       
                                                                                                                                
                SB 213-MUNICIPAL ELECTION BOARDS                                                                            
                                                                                                                                
8:24:25 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX announced that the  final order of business would                                                               
be SENATE  BILL NO. 213, "An  Act relating to the  appointment of                                                               
municipal election boards."                                                                                                     
                                                                                                                                
LARRY  SIMMONS,  Staff,  Senator  Peter  Micciche,  Alaska  State                                                               
Legislature,  said  SB  213   allows  municipalities  to  conduct                                                               
elections efficiently.   Currently, Alaska statute  requires that                                                               
an  election board  be  established for  every  election and  for                                                               
every precinct.   If an election  is conducted by other  than in-                                                               
person balloting, the municipality still  has to hire an election                                                               
board,  but  the  board does  not  have  a  job  to do  in  every                                                               
precinct, because people are not  voting in person, he explained.                                                               
"This bill simply allows, through  statute, for municipalities to                                                               
conduct  elections  efficiently  by means  other  than  in-person                                                               
balloting," he  said.  There  is a zero  fiscal note, and  it has                                                               
the support of the Alaska  Municipal Clerks Association, he said.                                                               
The Kenai Peninsula Borough requested this change, he added.                                                                    
                                                                                                                                
8:26:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KITO III  asked  if  Alaska allows  non-in-person                                                               
municipal elections.                                                                                                            
                                                                                                                                
MR.  SIMMONS  replied  yes,  Alaska   statute  allows  for  other                                                               
balloting, like mail-in ballots.                                                                                                
                                                                                                                                
8:26:37 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX noted  that the Lake and  Peninsula Borough holds                                                               
all municipal  elections by absentee  ballots.  Is it  true that,                                                               
currently,  that  borough has  to  have  an election  board  even                                                               
though the board would have nothing to do?                                                                                      
                                                                                                                                
MR.  SIMMONS  said  his  understanding   is  that  in  conducting                                                               
elections, there  must be  an election  board for  each precinct.                                                               
He  said he  does  not know  what  the make-up  of  the Lake  and                                                               
Peninsula  Borough's  election  precincts   look  like,  but  the                                                               
current statute  says that they  must have an election  board for                                                               
each  precinct,  and this  bill  would  allow a  municipality  to                                                               
choose to only have election  boards at, for example, an absentee                                                               
precinct, "so  that people  would be  able to  go to  an absentee                                                               
precinct and vote in person, and  the rest of the mail-in ballots                                                               
would not  require -  because they're not  voting in-person  - it                                                               
would not require an election board at each precinct."                                                                          
                                                                                                                                
8:28:09 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX inquired as to what an election board does.                                                                     
                                                                                                                                
MR. SIMMONS suggested that a clerk answer that question.                                                                        
                                                                                                                                
CO-CHAIR LEDOUX opened public testimony.                                                                                        
                                                                                                                                
8:28:46 AM                                                                                                                    
                                                                                                                                
JOHNI  BLANKENSHIP,  Clerk,  Kenai Peninsula  Borough,  said  "we                                                               
requested this bill" because [the  Kenai Peninsula Borough] would                                                               
like to  conduct elections  by mail, and  in reviewing  the state                                                               
statutes it  became clear  that even if  the borough  did conduct                                                               
its  elections by  mail, it  would  still have  to hire  election                                                               
judges to sit  at polling locations where there  was no balloting                                                               
actually taking  place.   She explained that  SB 213  would allow                                                               
municipalities to  conduct elections by  mail or other  means and                                                               
to only hire election boards where necessary.                                                                                   
                                                                                                                                
8:29:51 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  LEDOUX asked  if  there are  election  judges at  every                                                               
polling place, in addition to the person checking in voters.                                                                    
                                                                                                                                
MS. BLANKENSHIP  said those people  are one  in the same.   Those                                                               
who  check  voters  in  are considered  the  election  board  and                                                               
judges, she explained.                                                                                                          
                                                                                                                                
8:30:37 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX  recalled that in  Kodiak there was  one precinct                                                               
where no one could vote-it was  a mail-in precinct.  "So election                                                               
judges  had  to be  hired  specifically  for that  precinct  even                                                               
though nobody was going to vote there?"                                                                                         
                                                                                                                                
MS. BLANKENSHIP  said the  current law is  written such  that the                                                               
municipality  "shall appoint  an  election board  composed of  at                                                               
least three  judges for each  precinct."   She said she  does not                                                               
know that that was done [in  Kodiak], but "we wanted to make sure                                                               
that the statutes  allowed us to conduct the elections  in such a                                                               
way that we  wouldn't have to hire people when  there was nothing                                                               
but by-mail balloting going on."                                                                                                
                                                                                                                                
8:31:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON asked  if the reason for  an election board                                                               
is because  identification cards  are not required  to vote  if a                                                               
judge knows the voter and can confirm his or her identity.                                                                      
                                                                                                                                
MS. BLANKENSHIP  answered yes, if  the voter is  personally known                                                               
to one of the three judges [no identification card is required].                                                                
                                                                                                                                
CO-CHAIR LEDOUX, upon determining no  one else wished to testify,                                                               
closed public testimony.                                                                                                        
                                                                                                                                
8:32:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON noted that he supports SB 213.                                                                            
                                                                                                                                
CO-CHAIR  NAGEAK moved  to report  SB 213  out of  committee with                                                               
individual  recommendations  and  the accompanying  fiscal  note.                                                               
There  being no  objection, SB  213 was  reported from  the House                                                               
Community and Regional Affairs Standing Committee.                                                                              
                                                                                                                                
8:33:51 AM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Community  and Regional  Affairs Standing  Committee meeting  was                                                               
adjourned at 8:33 a.m.                                                                                                          

Document Name Date/Time Subjects
CSSB 157 ver C.pdf HCRA 4/15/2014 8:00:00 AM
SB 157
SB 157 Explanation of Changes for House CS ver C.pdf HCRA 4/15/2014 8:00:00 AM
SB 157
SB 157 ver N.pdf HCRA 4/15/2014 8:00:00 AM
SB 157
SB 157 Sponsor Statement.pdf HCRA 4/15/2014 8:00:00 AM
SB 157
SB 157 Fiscal Note-DPS.pdf HCRA 4/15/2014 8:00:00 AM
SB 157
SB 157 Map Boundry Adjustments-Chena GS-Ester-University.pdf HCRA 4/15/2014 8:00:00 AM
SB 157
SB 157 Map Boundry Adjustments-Steese to Crestline.pdf HCRA 4/15/2014 8:00:00 AM
SB 157
SB 157 Overview of Fairbanks Fire Stations.pdf HCRA 4/15/2014 8:00:00 AM
SB 157
SB 157 Letter of Support-AK Fire Chief's Association.pdf HCRA 4/15/2014 8:00:00 AM
SB 157
SB 157 Letter of Support-Ak Municipal League.pdf HCRA 4/15/2014 8:00:00 AM
SB 157
SB 213 ver U.pdf HCRA 4/15/2014 8:00:00 AM
SB 213
SB 213 Sponsor Statement.pdf HCRA 4/15/2014 8:00:00 AM
SB 213
SB 213 Fiscal Note Elections.pdf HCRA 4/15/2014 8:00:00 AM
SB 213
SB 213 Support Resolution-Alaska Association of Municipal Clerks.pdf HCRA 4/15/2014 8:00:00 AM
SB 213