Legislature(2015 - 2016)BARNES 124

02/26/2015 08:00 AM COMMUNITY & REGIONAL AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 47 PERS CONTRIBUTIONS BY MUNICIPALITIES TELECONFERENCED
Heard & Held
+= HJR 3 CONGRESS:NATIVE TRIBAL JURIS. & AUTHORITY TELECONFERENCED
Heard & Held
+= HCR 1 GOVERNOR:TRIBAL SOVEREIGNTY AND JURIS. TELECONFERENCED
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
    HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE                                                                   
                       February 26, 2015                                                                                        
                           8:11 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Cathy Tilton, Chair                                                                                              
Representative Paul Seaton, Vice Chair                                                                                          
Representative Shelley Hughes                                                                                                   
Representative Dan Ortiz                                                                                                        
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Benjamin Nageak                                                                                                  
Representative Lora Reinbold                                                                                                    
Representative Harriet Drummond                                                                                                 
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 47                                                                                                               
"An  Act  requiring  each municipality  with  a  population  that                                                               
decreased  by more  than 25  percent between  2000 and  2010 that                                                               
participates  in  the  defined  benefit retirement  plan  of  the                                                               
Public Employees'  Retirement System  of Alaska to  contribute to                                                               
the system an amount calculated by  applying a rate of 22 percent                                                               
of the  total of all  base salaries  paid by the  municipality to                                                               
employees  of the  municipality  who are  active  members of  the                                                               
system during  a payroll  period; reducing  the rate  of interest                                                               
payable by  a municipality  with a  population that  decreased by                                                               
more than 25 percent between 2000  and 2010 that is delinquent in                                                               
transmitting employee  and employer contributions to  the defined                                                               
benefit  retirement  plan  of the  Public  Employees'  Retirement                                                               
System of Alaska; giving retrospective  effect to the substantive                                                               
provisions of the Act; and providing for an effective date."                                                                    
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE CONCURRENT RESOLUTION NO. 1                                                                                               
Urging the Governor to acknowledge  officially the sovereignty of                                                               
Alaska  tribal  governments,  to   create  clear  and  consistent                                                               
policies for  increased state collaboration and  partnership with                                                               
tribes, and to direct the  attorney general to conduct a complete                                                               
review of  the state's litigation  against Alaska  Native tribes;                                                               
urging  the   Governor  to  acknowledge  the   inherent  criminal                                                               
jurisdiction  of Alaska  tribal governments  over tribal  members                                                               
within the boundaries  of their villages; urging  the Governor to                                                               
cooperate with tribes' efforts to  transfer Native land to trust;                                                               
and  urging the  Governor  to  support multilateral  negotiations                                                               
between  tribal governments,  nontribal  municipalities, and  the                                                               
state  government   to  delineate  clearly   tribal  geographical                                                               
jurisdictions.                                                                                                                  
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 3                                                                                                    
Urging  members of  the Alaska  delegation to  the United  States                                                               
Congress to  introduce substantially  similar legislation  to the                                                               
Alaska Safe Families and Villages  Act of 2013; urging the United                                                               
States  Congress to  affirm the  criminal jurisdiction  of Alaska                                                               
tribal governments  over tribal members within  the boundaries of                                                               
their villages;  urging the United  States Congress  to cooperate                                                               
with  tribes'  efforts to  transfer  Native  land to  trust;  and                                                               
supporting multilateral negotiations  between tribal governments,                                                               
nontribal municipalities,  and the state and  federal governments                                                               
to delineate clearly tribal geographical jurisdictions.                                                                         
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB  47                                                                                                                  
SHORT TITLE: PERS CONTRIBUTIONS BY MUNICIPALITIES                                                                               
SPONSOR(s): REPRESENTATIVE(s) FOSTER                                                                                            
                                                                                                                                
01/21/15       (H)       PREFILE RELEASED 1/9/15                                                                                
01/21/15       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/21/15       (H)       CRA, L&C                                                                                               
02/10/15       (H)       CRA AT 8:00 AM BARNES 124                                                                              
02/10/15       (H)       Heard & Held                                                                                           
02/10/15       (H)       MINUTE(CRA)                                                                                            
02/17/15       (H)       CRA AT 8:00 AM BARNES 124                                                                              
02/17/15       (H)       -- MEETING CANCELED --                                                                                 
02/21/15       (H)       CRA AT 10:00 AM BARNES 124                                                                             
02/21/15       (H)       -- MEETING CANCELED --                                                                                 
02/26/15       (H)       CRA AT 8:00 AM BARNES 124                                                                              
                                                                                                                                
BILL: HCR  1                                                                                                                  
SHORT TITLE: GOVERNOR:TRIBAL SOVEREIGNTY AND JURIS.                                                                             
SPONSOR(s): REPRESENTATIVE(s) EDGMON                                                                                            
                                                                                                                                
01/21/15       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/21/15       (H)       CRA, JUD                                                                                               
02/19/15       (H)       CRA AT 8:00 AM BARNES 124                                                                              
02/19/15       (H)       Heard & Held                                                                                           
02/19/15       (H)       MINUTE(CRA)                                                                                            
02/26/15       (H)       CRA AT 8:00 AM BARNES 124                                                                              
                                                                                                                                
BILL: HJR  3                                                                                                                  
SHORT TITLE: CONGRESS:NATIVE TRIBAL JURIS. & AUTHORITY                                                                          
SPONSOR(s): REPRESENTATIVE(s) EDGMON                                                                                            
                                                                                                                                
01/21/15       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/21/15       (H)       CRA, JUD                                                                                               
02/19/15       (H)       CRA AT 8:00 AM BARNES 124                                                                              
02/19/15       (H)       Heard & Held                                                                                           
02/19/15       (H)       MINUTE(CRA)                                                                                            
02/26/15       (H)       CRA AT 8:00 AM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE NEAL FOSTER                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Spoke as the sponsor of HB 47.                                                                           
                                                                                                                                
PAUL LABOLLE, Staff                                                                                                             
Representative Neal Foster                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  On behalf of the sponsor, Representative                                                                 
Foster, explained the changes embodied in CSHB 47, Version E.                                                                   
                                                                                                                                
SHANDA HUNTINGTON, City Manager/City Clerk                                                                                      
City of Galena                                                                                                                  
Galena, Alaska                                                                                                                  
POSITION STATEMENT:  During hearing of HB 47, answered                                                                        
questions.                                                                                                                      
                                                                                                                                
TIM CLARK, Staff                                                                                                                
Representative Bryce Edgmon                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  On behalf of the sponsor, Representative                                                                 
Edgmon, explained the changes embodied in CSHCR 1, Version H.                                                                   
                                                                                                                                
TIM CLARK, Staff                                                                                                                
Representative Bryce Edgmon                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   On behalf  of the  sponsor, Representative                                                             
Edgmon, explained the changes embodied in CSHJR 3, Version E.                                                                   
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:11:39 AM                                                                                                                    
                                                                                                                                
CHAIR  CATHY  TILTON  called the  House  Community  and  Regional                                                             
Affairs  Standing  Committee  meeting   to  order  at  8:11  a.m.                                                               
Representatives Seaton,  Hughes, Ortiz,  and Tilton  were present                                                               
at the call to order.                                                                                                           
                                                                                                                                
          HB  47-PERS CONTRIBUTIONS BY MUNICIPALITIES                                                                       
                                                                                                                                
8:11:58 AM                                                                                                                    
                                                                                                                                
CHAIR TILTON announced that the  first order of business would be                                                               
HOUSE BILL  NO. 47,  "An Act requiring  each municipality  with a                                                               
population that  decreased by more  than 25 percent  between 2000                                                               
and  2010 that  participates  in the  defined benefit  retirement                                                               
plan  of the  Public Employees'  Retirement System  of Alaska  to                                                               
contribute to the system an  amount calculated by applying a rate                                                               
of  22 percent  of the  total of  all base  salaries paid  by the                                                               
municipality  to employees  of  the municipality  who are  active                                                               
members of the system during  a payroll period; reducing the rate                                                               
of  interest payable  by a  municipality with  a population  that                                                               
decreased by more  than 25 percent between 2000 and  2010 that is                                                               
delinquent  in transmitting  employee and  employer contributions                                                               
to the defined  benefit retirement plan of  the Public Employees'                                                               
Retirement System  of Alaska; giving retrospective  effect to the                                                               
substantive  provisions   of  the  Act;  and   providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
8:12:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  moved  to  adopt  CSHB  47,  Version  29-                                                               
LS0285\E, Wayne, 2/20/15, as the working document.                                                                              
                                                                                                                                
CHAIR TILTON objected for purposes of discussion.                                                                               
                                                                                                                                
8:12:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEAL FOSTER,  Alaska State  Legislature, speaking                                                               
as the sponsor  of HB 47, introduced his staff  who would explain                                                               
Version E.                                                                                                                      
                                                                                                                                
8:12:45 AM                                                                                                                    
                                                                                                                                
PAUL  LABOLLE, Staff,  Representative Neal  Foster, Alaska  State                                                               
Legislature, speaking  on behalf  of the  sponsor, Representative                                                               
Foster, directed attention to the  change in Section 1 of Version                                                               
E that  addresses the village  of Atka, which has  experienced an                                                               
increase in its payroll despite  a population loss.  He explained                                                               
that if the floor had  been applied as previously crafted, Atka's                                                               
floor would have increased over  fiscal year (FY) 2008 and placed                                                               
the community  in penalty mode as  some of its payments  would be                                                               
below  that  of FY  12.    Therefore,  the  change in  Section  1                                                               
provides for an exclusion such that  in order to reset the floor,                                                               
a  community would  have to  have both  a population  loss of  25                                                               
percent or more and FY 12 salaries  would have to be below the FY                                                               
08  salaries.   He  then  directed  attention  to the  change  in                                                               
Section 2, which changes the  calculation method on interest from                                                               
being based  on the discount rate  plus 4 percent to  being based                                                               
on  the  actuarially  assessed  rate  of  the  Public  Employees'                                                               
Retirement System  (PERS) fund, which  is 8 percent.   Therefore,                                                               
an employer paying  at the floor level has an  8 percent interest                                                               
rate for penalties,  which makes the system whole.   However, for                                                               
an  employer paying  above  the  FY 08  floor  the interest  rate                                                               
penalty is 12 percent.                                                                                                          
                                                                                                                                
8:15:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON asked if,  from Galena's perspective, there                                                               
is anything that is detrimental to Galena in Version E.                                                                         
                                                                                                                                
8:15:20 AM                                                                                                                    
                                                                                                                                
SHANDA  HUNTINGTON,  City  Manager/City Clerk,  City  of  Galena,                                                               
replied no.                                                                                                                     
                                                                                                                                
8:15:26 AM                                                                                                                    
                                                                                                                                
CHAIR TILTON,  upon determining  no one  else wished  to testify,                                                               
closed public testimony.                                                                                                        
                                                                                                                                
8:15:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON opined  that the changes in  Version E keep                                                               
the  state whole  and  [levels  the playing  field]  for all  the                                                               
cities at the floor while keeping the state whole.                                                                              
                                                                                                                                
8:16:28 AM                                                                                                                    
                                                                                                                                
CHAIR  TILTON withdrew  her objection.   There  being no  further                                                               
objection, CSHB  47, Version E  was adopted.  She  then announced                                                               
that HB 47 would be held over.                                                                                                  
                                                                                                                                
         HCR  1-GOVERNOR:TRIBAL SOVEREIGNTY AND JURIS.                                                                      
                                                                                                                                
8:17:09 AM                                                                                                                    
                                                                                                                                
CHAIR TILTON announced  that the next order of  business would be                                                               
HOUSE  CONCURRENT  RESOLUTION  NO.  1,  Urging  the  Governor  to                                                               
acknowledge   officially  the   sovereignty   of  Alaska   tribal                                                               
governments,  to   create  clear  and  consistent   policies  for                                                               
increased state  collaboration and  partnership with  tribes, and                                                               
to direct  the attorney general  to conduct a complete  review of                                                               
the state's  litigation against Alaska Native  tribes; urging the                                                               
Governor  to acknowledge  the inherent  criminal jurisdiction  of                                                               
Alaska  tribal   governments  over  tribal  members   within  the                                                               
boundaries of  their villages; urging  the Governor  to cooperate                                                               
with  tribes'  efforts to  transfer  Native  land to  trust;  and                                                               
urging the Governor to  support multilateral negotiations between                                                               
tribal  governments,  nontribal  municipalities,  and  the  state                                                               
government    to    delineate   clearly    tribal    geographical                                                               
jurisdictions.                                                                                                                  
                                                                                                                                
8:17:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  moved  to  adopt  CSHCR  1,  Version  29-                                                               
LS0353\H, Wallace/Martin, 2/19/15, as the working document.                                                                     
                                                                                                                                
CHAIR TILTON objected for discussion purposes.                                                                                  
                                                                                                                                
8:17:39 AM                                                                                                                    
                                                                                                                                
TIM  CLARK,  Staff,  Representative Bryce  Edgmon,  Alaska  State                                                               
Legislature,  speaking   on  behalf  of   Representative  Edgmon,                                                               
sponsor,  explained that  Version H  removes resolves  related to                                                               
the  proclamation   of  tribal  sovereignty;   inherent  criminal                                                               
jurisdiction  within Alaska  Native  villages;  transfer of  land                                                               
into trust; and negotiation  of tribal geographical jurisdiction.                                                               
The revised resolves, he further  explained, urge the governor to                                                               
establish  clear and  consistent policies  across state  agencies                                                               
for  increased collaboration  and  partnership with  tribes.   He                                                               
pointed  out  that  a  new resolve  encourages  the  governor  to                                                               
negotiate  agreements with  Alaska  Native  tribes that  increase                                                               
their authority, responsibility, and  capacity to enforce certain                                                               
state laws  and deliver  justice at the  local level.  He pointed                                                               
out  that the  third resolve  urges  the governor  to direct  the                                                               
attorney general to review the  state's litigation against Alaska                                                               
Native tribes.  Mr. Clark  then reviewed the specific location of                                                               
the aforementioned changes embodied in Version H.                                                                               
                                                                                                                                
8:20:08 AM                                                                                                                    
                                                                                                                                
The committee took a brief at ease.                                                                                             
                                                                                                                                
8:20:57 AM                                                                                                                    
                                                                                                                                
CHAIR  TILTON withdrew  her objection.   There  being no  further                                                               
objection, Version H  was adopted.  Upon determining  no one else                                                               
wished to testify, Chair Tilton  then closed public testimony and                                                               
announced that HCR 1 would be held over.                                                                                        
                                                                                                                                
        HJR  3-CONGRESS:NATIVE TRIBAL JURIS. & AUTHORITY                                                                    
                                                                                                                                
8:22:05 AM                                                                                                                    
                                                                                                                                
CHAIR TILTON announced that the  final order of business would be                                                               
HOUSE  JOINT  RESOLUTION NO.  3,  Urging  members of  the  Alaska                                                               
delegation   to  the   United   States   Congress  to   introduce                                                               
substantially  similar legislation  to the  Alaska Safe  Families                                                               
and Villages  Act of 2013;  urging the United States  Congress to                                                               
affirm  the criminal  jurisdiction of  Alaska tribal  governments                                                               
over  tribal members  within the  boundaries  of their  villages;                                                               
urging  the  United States  Congress  to  cooperate with  tribes'                                                               
efforts  to  transfer  Native  land   to  trust;  and  supporting                                                               
multilateral negotiations  between tribal  governments, nontribal                                                               
municipalities,  and   the  state  and  federal   governments  to                                                               
delineate clearly tribal geographical jurisdictions.                                                                            
                                                                                                                                
8:22:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  moved  to  adopt  CSHJR  3,  Version  29-                                                               
LS0354\W, Wallace/Martin, 2/19/15, as the working document.                                                                     
                                                                                                                                
CHAIR TILTON objected for discussion purposes.                                                                                  
                                                                                                                                
8:22:35 AM                                                                                                                    
                                                                                                                                
TIM  CLARK,  Staff,  Representative Bryce  Edgmon,  Alaska  State                                                               
Legislature, speaking  on behalf  of the  sponsor, Representative                                                               
Edgmon, explained  that the  language on page  2, lines  20-31 of                                                               
HJR  3 is  not  included in  Version  W and  the  title has  been                                                               
amended  accordingly.   Furthermore, Version  W does  not include                                                               
the final  three resolves  of HJR 3  that addressed  the inherent                                                               
criminal  jurisdiction in  Alaska  Native  villages, transfer  of                                                               
lands  into   trust,  and  negotiation  of   tribal  geographical                                                               
jurisdictions.    In  the  sponsor's  view,  the  complexity  and                                                               
controversy  associated  with   the  deleted  provision  somewhat                                                               
obscured the core  goal of the resolution, which  is to encourage                                                               
the   Alaska  Congressional   delegation  to   introduce  federal                                                               
legislation  to improve  public  safety and  wellbeing in  Alaska                                                               
Native  communities,   primarily  through   strengthening  tribal                                                               
authority  to keep  the peace  and deliver  justice at  the local                                                               
level.                                                                                                                          
                                                                                                                                
8:23:53 AM                                                                                                                    
                                                                                                                                
CHAIR  TILTON withdrew  her objection.   There  being no  further                                                               
objection, Version W  was adopted.  Upon determining  no one else                                                               
wished to testify, Chair Tilton  then closed public testimony and                                                               
announced that HJR 3 would be held over.                                                                                        
                                                                                                                                
8:24:36 AM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Community  and Regional  Affairs Standing  Committee meeting  was                                                               
adjourned at 8:24 a.m.                                                                                                          

Document Name Date/Time Subjects
HCR 1 Draft Committee Substitute.pdf HCRA 2/26/2015 8:00:00 AM
HCR 1
HCR 1 Explanation of Changes in CSHCR1(CRA).pdf HCRA 2/26/2015 8:00:00 AM
HCR 1
HJR 3 Draft Committee Substitute.pdf HCRA 2/26/2015 8:00:00 AM
HJR 3
HJR 3 Explanation of Changes in CSHJR3(CRA).pdf HCRA 2/26/2015 8:00:00 AM
HJR 3
HB 47 Version E.pdf HCRA 2/26/2015 8:00:00 AM
HB 47