02/28/2002 08:10 AM House CRA
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= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
              HOUSE COMMUNITY AND REGIONAL AFFAIRS                                                                            
                       STANDING COMMITTEE                                                                                     
                       February 28, 2002                                                                                        
                           8:10 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Kevin Meyer, Co-Chair                                                                                            
Representative Carl Morgan, Co-Chair                                                                                            
Representative Andrew Halcro                                                                                                    
Representative Drew Scalzi                                                                                                      
Representative Lisa Murkowski                                                                                                   
Representative Gretchen Guess                                                                                                   
Representative Beth Kerttula                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 296                                                                                                              
"An   Act    relating   to   mergers   and    consolidations   of                                                               
municipalities."                                                                                                                
                                                                                                                                
     - MOVED CSHB 296(CRA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 355                                                                                                              
"An Act relating to the taxation of mobile telecommunications                                                                   
services by municipalities; and providing for an effective                                                                      
date."                                                                                                                          
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
BILL: HB 296                                                                                                                  
SHORT TITLE:MUNICIPAL MERGER AND CONSOLIDATION                                                                                  
SPONSOR(S): REPRESENTATIVE(S)WHITAKER                                                                                           
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
01/14/02     1952       (H)        PREFILE RELEASED 1/4/02                                                                      
01/14/02     1952       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
01/14/02     1952       (H)        CRA                                                                                          
02/28/02                (H)        CRA AT 8:00 AM CAPITOL 124                                                                   
                                                                                                                              
BILL: HB 355                                                                                                                  
SHORT TITLE:MOBILE TELECOMMUNICATIONS TAX                                                                                       
SPONSOR(S): LABOR & COMMERCE BY REQUEST                                                                                         
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
01/23/02     2045       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
01/23/02     2045       (H)        CRA, L&C                                                                                     
01/23/02     2045       (H)        REFERRED TO CRA                                                                              
02/28/02                (H)        CRA AT 8:00 AM CAPITOL 124                                                                 
                                                                                                                              
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE JIM WHITAKER                                                                                                     
Alaska State Legislature                                                                                                        
Capitol Building, Room 411                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Testified as the sponsor of HB 296.                                                                        
                                                                                                                                
TAMARA COOK, Director                                                                                                           
Legal and Research Services Division                                                                                            
Legislative Affairs Agency                                                                                                      
Alaska State Legislature                                                                                                        
Terry Miller Legislative Office Building, Room 329                                                                              
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT:  Provided clarification on HB 296.                                                                          
                                                                                                                                
DAN BOCKHORST, Staff                                                                                                            
Local Boundary Commission                                                                                                       
Department of Community & Economic Development                                                                                  
550 West Seventh Avenue, Suite 1770                                                                                             
Anchorage, Alaska 99501-3510                                                                                                    
POSITION STATEMENT:  Testified on HB 296.                                                                                       
                                                                                                                                
PETE ROBERTS, President                                                                                                         
Citizens Concerned About Annexation                                                                                             
PO Box 1134                                                                                                                     
Homer, Alaska 99603                                                                                                             
POSITION STATEMENT:  Testified in support of HB 296.                                                                            
                                                                                                                                
AMY ERICKSON, Staff                                                                                                             
to Representative Murkowski                                                                                                     
Alaska State Legislature                                                                                                        
Capitol Building, Room 408                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:   Testified  on behalf of  the sponsor  of HB
355, the House Labor & Commerce Standing Committee.                                                                             
                                                                                                                                
DAN YOUMANS, Director                                                                                                           
External Affairs                                                                                                                
AT&T Wireless                                                                                                                   
(No address provided)                                                                                                           
POSITION STATEMENT:  Testified in support of HB 355.                                                                            
                                                                                                                                
DARRELL BELL, Director of Taxes                                                                                                 
AT&T Wireless                                                                                                                   
(No address provided)                                                                                                           
POSITION STATEMENT:  Testified on  HB 355 and indicated agreement                                                               
with adopting the federal act by reference.                                                                                     
                                                                                                                                
CHUCK HARLAMERT, Juneau Section Chief                                                                                           
Tax Division                                                                                                                    
Department of Revenue                                                                                                           
PO Box 110420                                                                                                                   
Juneau, Alaska 99811-0420                                                                                                       
POSITION STATEMENT:   Discussed the  fiscal note analysis  for HB
355.                                                                                                                            
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-11, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CO-CHAIR  CARL MORGAN  called the  House  Community and  Regional                                                               
Affairs  Standing  Committee  meeting   to  order  at  8:10  a.m.                                                               
Representatives  Morgan, Meyer,  Halcro, Scalzi,  and Guess  were                                                               
present  at the  call to  order.   Representatives Murkowski  and                                                               
Kerttula  arrived  as the  meeting  was  in progress.    Co-Chair                                                               
Morgan introduced Close-Up students who were in attendance.                                                                     
                                                                                                                                
HB 296-MUNICIPAL MERGER AND CONSOLIDATION                                                                                     
                                                                                                                                
CO-CHAIR MORGAN announced that the  first order of business would                                                               
be  HOUSE  BILL  NO.  296,   "An  Act  relating  to  mergers  and                                                               
consolidations of municipalities."                                                                                              
                                                                                                                                
Number 0097                                                                                                                     
                                                                                                                                
REPRESENTATIVE JIM WHITAKER,  Alaska State Legislature, testified                                                               
as the sponsor  of HB 296.  This legislation  deals with the most                                                               
basic  tenet of  democracy,  self-determination.   Representative                                                               
Whitaker informed  the committee that  a large community  can, by                                                               
virtue  of a  vote,  determine that  a  smaller community  should                                                               
become part  of the larger  community, no matter the  decision of                                                               
the smaller community.  "This  particular bill would correct that                                                               
affront to democracy and self-determination," he explained.                                                                     
                                                                                                                                
REPRESENTATIVE  WHITAKER  explained  that  Section 1  of  HB  296                                                               
merely cleans  up existing statute.   The current  statute allows                                                               
an indefinite  amount of time  for signatures to be  collected in                                                               
order  to  place  a  consolidation   effort  before  the  voters.                                                               
Signatures may  be collected over a  period of time, five  to ten                                                               
years, and  some of those  signatures may  be from people  who no                                                               
longer live in the area,  yet those signatures would still count.                                                               
This legislation  would change that by  requiring that signatures                                                               
for such be collected in a period of one year.                                                                                  
                                                                                                                                
Number 0368                                                                                                                     
                                                                                                                                
REPRESENTATIVE  WHITAKER turned  to  Section  2 of  HB  296.   To                                                               
uphold the  basic tenet of self-determination,  that is community                                                               
self-determination, it  is unacceptable  that a  larger community                                                               
simply absorbs  an existing governmental entity.   Representative                                                               
Whitaker clarified  that this discussion isn't  about annexation.                                                               
This  legislation addresses  the situation  in which  an existing                                                               
city is  absorbed by a  borough, for example, and  a consolidated                                                               
government is formed.   This happens even when a  majority of the                                                               
smaller  entity  preferred [not  to  be  absorbed by  the  larger                                                               
governmental entity].   Therefore, the smaller  community's right                                                               
to self-determination has been taken away.                                                                                      
                                                                                                                                
REPRESENTATIVE  SCALZI recalled  the  request,  during the  Homer                                                               
annexation, that  smaller second class cities  become involved in                                                               
the dialogue during an annexation.   Therefore, he requested that                                                               
Representative Whitaker draw the distinction.                                                                                   
                                                                                                                                
REPRESENTATIVE WHITAKER reiterated that  annexation is a separate                                                               
subject and doesn't apply to  consolidation or unification, which                                                               
this bill addresses.  He  deferred to Tam Cook, Legislative Legal                                                               
Services, regarding the specific distinctions.                                                                                  
                                                                                                                                
Number 0596                                                                                                                     
                                                                                                                                
REPRESENTATIVE GUESS inquired as to  whether [HB 296] will result                                                               
in the  problem of one  [local government] providing  services to                                                               
another [local  government] which  could create an  incentive for                                                               
voters   [of   the   smaller   community]   to   not   vote   for                                                               
[consolidation/unification].                                                                                                    
                                                                                                                                
REPRESENTATIVE  WHITAKER  agreed  that could  be  a  possibility.                                                               
However,  he  emphasized the  need  to  not,  in the  search  for                                                               
expediency  and efficiency,  trump a  basic tenet  such as  self-                                                               
determination.  Representative Whitaker,  in further  response to                                                               
Representative  Guess, said  he wasn't  aware of  any cases  like                                                               
Representative Guess had described.                                                                                             
                                                                                                                                
REPRESENTATIVE  GUESS  requested   that  Representative  Whitaker                                                               
review Section 3.                                                                                                               
                                                                                                                                
Number 0729                                                                                                                     
                                                                                                                                
REPRESENTATIVE  WHITAKER  requested  that Section  3  be  deleted                                                               
because  that section  [posed a  problem for  the Local  Boundary                                                               
Commissions (LBC)], and it wasn't a battle he felt could be won.                                                                
                                                                                                                                
CO-CHAIR MEYER  asked that  Representative Whitaker  elaborate as                                                               
to why he felt that he wouldn't  win the battle with the LBC over                                                               
Section 3.                                                                                                                      
                                                                                                                                
REPRESENTATIVE WHITAKER  remarked that [this battle]  isn't worth                                                               
fighting over.   The LBC  had significant objections  to [Section                                                               
3] in  relation to  the it's ability  to conduct  their business.                                                               
Representative  Whitaker  said that  he  didn't  want HB  296  to                                                               
become a review of the LBC and its powers.                                                                                      
                                                                                                                                
REPRESENTATIVE    SCALZI   requested    clarification   of    the                                                               
relationship of  annexation of  a second class  city to  a larger                                                               
city such as  in the Homer annexation.  How  does [HB 296] differ                                                               
from [the Homer situation], he asked.                                                                                           
                                                                                                                                
Number 0986                                                                                                                     
                                                                                                                                
TAMARA  COOK, Director,  Legal  and  Research Services  Division,                                                               
Legislative  Affairs  Agency,  Alaska State  Legislature,  stated                                                               
that the  Homer situation is  different in several regards.   She                                                               
explained that  there are two  ways in which to  accomplish local                                                               
boundary changes.  One way  to accomplish a local boundary change                                                               
is by proposal by the LBC  subject to legislative oversight.  The                                                               
second way is through local option.   In the Homer situation, the                                                               
first  method,  proposal  by  the   LBC  subject  to  legislative                                                               
oversight, was utilized.   However, Article X, Section  12 of the                                                               
Alaska State  Constitution does allow  for local  option boundary                                                               
changes.  The last sentence of  Article X, Section 12, says, "The                                                               
commission  or board,  subject to  law, may  establish procedures                                                               
whereby boundaries may be adjusted  by local action."  Therefore,                                                               
the statute  being amended in  HB 296  is a local  action statute                                                               
that  has   nothing  to   do  with   the  LBC's   authority  over                                                               
consolidation.                                                                                                                  
                                                                                                                                
MS.  COOK  also  pointed  out   that  there  are  procedures  for                                                               
annexation  that  are  separate  from  those  for  consolidation.                                                               
Representative  Scalzi  is  correct  in that  there  could  be  a                                                               
situation in  which annexation involves  including one  city into                                                               
another city, although those issues  are somewhat different.  The                                                               
statutes   [encompassed  in   HB  296]   deal  with   merger  and                                                               
consolidation,  which  always  involve municipalities  that  join                                                               
together.   [Mergers and consolidations] never  involve land that                                                               
is  unincorporated or  borough land,  which was  the case  in the                                                               
Homer situation.  Literally, merger  and consolidation means that                                                               
two municipalities  come together to form  a single municipality.                                                               
Ms.  Cook  explained, "This  particular  provision  is the  local                                                               
option  merger and  consolidation  statute.   The Local  Boundary                                                               
Commission could still,  if it chose to get involved  in a merger                                                               
or consolidation, submit a proposal and  do the route that we saw                                                               
in  Homer."    Therefore,  the constitution  specifies  that  the                                                               
legislature can pass laws that  deal with the procedure for local                                                               
option changes.   The LBC  does get  involved in that  it reviews                                                               
local  option merger  and  consolidation petitions.     Ms.  Cook                                                               
pointed out  that if the local  option route is taken,  a vote is                                                               
taken.   That [vote] is required  by statute.  Therefore,  HB 296                                                               
places  two   more  procedures   into  the   already  established                                                               
statutory framework.                                                                                                            
                                                                                                                                
Number 1201                                                                                                                     
                                                                                                                                
MS. COOK  explained that  Section 1 of  HB 296  changes [statute]                                                               
such that  only a  year is  allowed to  collect signatures  for a                                                               
merger and consolidation petition.   [Section 2] changes the vote                                                               
requirement that  currently exists  for merger  and consolidation                                                               
[petitions].   Currently, all the  people that would  be included                                                               
in the  new proposed municipality  vote and are counted  in order                                                               
to  determine   passage  [of  the  merger/consolidation].     The                                                               
significant change  in Section 2 is  that the votes of  the areas                                                               
will  be  tabulated  separately,  which  Ms.  Cook  viewed  as  a                                                               
legislative policy choice.                                                                                                      
                                                                                                                                
CO-CHAIR MEYER  inquired as  to whether there  is a  problem with                                                               
the current method of doing mergers and consolidations.                                                                         
                                                                                                                                
MS. COOK  said that she  wasn't familiar  with any facts  on that                                                               
matter.                                                                                                                         
                                                                                                                                
Number 1344                                                                                                                     
                                                                                                                                
DAN BOCKHORST,  Staff, Local  Boundary Commission;  Department of                                                               
Community   &   Economic   Development  (DCED),   testified   via                                                               
teleconference.   Mr.  Bockhorst noted  that the  LBC hasn't  yet                                                               
formally  considered HB  296.    However, he  noted  that he  has                                                               
discussed HB 296 with the  LBC Chairman, Kevin Waring, who agrees                                                               
with the views he will state today.   In regard to Section 1, Mr.                                                               
Bockhorst said that the department  considers it to be reasonable                                                               
and thus  endorses it.   In  regard to  Section 2,  Mr. Bockhorst                                                               
concurred with  Ms. Cook's  comments that Section  2 is  a policy                                                               
decision.   He pointed out that  Article X, Sections 3  and 7, of                                                               
the Alaska State Constitution impose  the duty on the legislature                                                               
to  determine  which municipal  governments  will  be merged  and                                                               
consolidated.   Therefore, the  department views  Section 2  as a                                                               
legitimate    public    policy   proposal    deserving    serious                                                               
consideration.                                                                                                                  
                                                                                                                                
Number 1470                                                                                                                     
                                                                                                                                
MR.  BOCKHORST  noted  that  the  current  law  provides  for  an                                                               
areawide vote.   That law has  been in place since  1972, and was                                                               
reenacted in  1985 when Title  29 was  comprehensively rewritten.                                                               
He  turned to  the policy  debate on  the merits  of providing  a                                                               
requirement  for separate  votes  in  each municipal  government.                                                               
The Alaska Supreme Court has  held that the constitutional policy                                                               
of  minimizing  the  number  of   local  government  units  -  as                                                               
established  in  Article  X,  Section  1,  of  the  Alaska  State                                                               
Constitution -  is served  when city  and borough  governments do                                                               
join.    Therefore,  the  more   difficult  it  is  to  merge  or                                                               
consolidate,  the less  the aforementioned  constitutional policy                                                               
is served.                                                                                                                      
                                                                                                                                
MR.   BOCKHORST  informed   the  committee   that  in   1991  the                                                               
legislature created an  ad hoc task force  on governmental roles,                                                               
which  was intended  to address  efficiencies and  effectiveness.                                                               
That ad hoc committee presented  its report to the legislature in                                                               
1992.   Among the conclusions  of the  ad hoc committee  was that                                                               
merger, consolidation,  and unification  of city  governments and                                                               
borough  governments  should  be encouraged,  when  possible,  in                                                               
order  to  achieve  more  efficient  and  cost-effective  service                                                               
delivery.     Since  HB  296   would  require  a  vote   of  each                                                               
municipality, it would  - to varying degrees - raise  the bar for                                                               
municipal  mergers  and  consolidations.     However,  Section  2                                                               
wouldn't  have created  particularly  extreme  situations in  the                                                               
recent proposals  before the  LBC.   The recent  proposals before                                                               
the commission have  been such that a single  city government and                                                               
a single borough government have  proposed consolidation.  In all                                                               
cases,  the  city  governments  have  encompassed  a  substantial                                                               
portion of  the borough population --  ranging from approximately                                                               
40 percent to 75 percent of  the population of the total borough.                                                               
The LBC  has dealt  with proposals for  the consolidation  of the                                                               
following:  the  City of Haines and the Haines  Borough, the City                                                               
of Ketchikan and  the Ketchikan Gateway Borough, and  the City of                                                               
Fairbanks and the Fairbanks North  Star Borough.  However, slight                                                               
changes in  those proposals could  have resulted in Section  2 of                                                               
HB 296  making it more  difficult to  merge or consolidate.   For                                                               
example, the  Ketchikan Gateway Borough  consists of the  City of                                                               
Ketchikan  and the  City of  Saxman.   If Section  2 had  been in                                                               
place and had  the City of Saxman been included  in the Ketchikan                                                               
consolidation  proposal, voter  approval from  each of  the three                                                               
municipal   governments  effected   would  have   been  required.                                                               
Because  of the  characteristics of  the City  of Saxman,  such a                                                               
situation would have  allowed 2-3 percent of the  voters to block                                                               
a consolidation,  even if the  remaining voters had  endorsed the                                                               
consolidation.                                                                                                                  
                                                                                                                                
Number 1723                                                                                                                     
                                                                                                                                
MR.   BOCKHORST  turned   to   Representative  Scalzi's   comment                                                               
regarding the merger/consolidation  of the City of  Homer and the                                                               
City of  Kachemak.  This is  a situation in which  the provisions                                                               
of  HB  296 might  make  it  more  difficult to  consolidate  the                                                               
aforementioned  local governments,  if the  local option  process                                                               
was used.   Under current law,  the consolidation of the  City of                                                               
Homer and  the City of Kachemak  would require a majority  of the                                                               
total  votes  cast.   Requiring  separate  voter  approval  could                                                               
result in  a situation in  which roughly  4 percent of  the total                                                               
number  of  votes  cast  in   that  proposal  could  prevent  the                                                               
consolidation.  However, he stressed  that there are alternatives                                                               
such as a proposal for  legislative review annexation of the City                                                               
of Kachemak to  the City of Homer.   In the past  there have been                                                               
instances  in which  city governments  have been  consolidated or                                                               
merged  through  annexation.    For example,  the  City  of  Port                                                               
Chilkoot was annexed  to the City of Haines in  1970.  An extreme                                                               
example of  a situation  in which  the separate  vote requirement                                                               
could impact  the outcome  of consolidation is  with the  City of                                                               
Kupreanof,  which joins  the City  of  Petersburg.   The City  of                                                               
Kupreanof receives services from the  City of Petersburg.  If the                                                               
separate voter approval requirement was  in place, less than one-                                                               
half  of  one   percent  of  the  total   voters  could  preclude                                                               
consolidation  of  the   City  of  Kupreanof  and   the  City  of                                                               
Petersburg.   However, the consolidation, in  effect, could occur                                                               
through a legislative review annexation.                                                                                        
                                                                                                                                
REPRESENTATIVE  HALCRO  related  his   understanding  that  in  a                                                               
situation  in which  one community  provides services  to another                                                               
community, a  small number  of voters in  the smaller  city could                                                               
block a consolidation or merger.   However, if the case is strong                                                               
enough, the city  providing the services could  propose its claim                                                               
to the LBC through the annexation process.                                                                                      
                                                                                                                                
MR.   BOCKHORST   answered  yes.      In   further  response   to                                                               
Representative  Halcro, Mr.  Bockhorst  agreed that  in the  most                                                               
egregious cases,  when a consolidation  is being refused  for all                                                               
the  wrong reasons,  there is  a safety  net [in  the legislative                                                               
review annexation].                                                                                                             
                                                                                                                                
Number 1926                                                                                                                     
                                                                                                                                
PETE  ROBERTS, President,  Citizens  Concerned About  Annexation,                                                               
testified via  teleconference.  Mr. Roberts  announced support of                                                               
HB  296  [in  order  to maintain]  self-determination  and  local                                                               
control.   He pointed out  that [the U.S.] legal  system includes                                                               
many built-in provisions to thwart  a large majority from rolling                                                               
over a smaller minority.  Mr.  Roberts said he feels Section 2 is                                                               
appropriate.   He pointed out that  Article I, Section 2,  of the                                                               
Alaska State Constitution says,  "All political power is inherent                                                               
in  the  people."   Mr.  Roberts  expressed  the need  to  review                                                               
boundary changes by decree.  There needs to be due process.                                                                     
                                                                                                                                
Number 2122                                                                                                                     
                                                                                                                                
CO-CHAIR  MEYER   noted  that  his  earlier   question  regarding                                                               
examples of this  problem had been answered  through the examples                                                               
specified by  Mr. Bockhorst  and through  the information  in the                                                               
committee packet regarding the Fairbanks North Star Borough.                                                                    
                                                                                                                                
CO-CHAIR MORGAN, in response  to Representative Halcro, announced                                                               
that there is a fiscal note.                                                                                                    
                                                                                                                                
REPRESENTATIVE  GUESS pointed  out that  the size  of the  fiscal                                                               
note would depend upon who is in charge of the election.                                                                        
                                                                                                                                
REPRESENTATIVE WHITAKER, in response  to Co-Chair Meyer, answered                                                               
that HB 296 is not an unfunded mandate.                                                                                         
                                                                                                                                
CO-CHAIR  MEYER  indicated that  under  HB  296 cities  would  be                                                               
required to do more work.                                                                                                       
                                                                                                                                
REPRESENTATIVE  WHITAKER replied  no,  and  explained that  there                                                               
would  be one  election with  separate counts  [for the  separate                                                               
local  governments].   He acknowledged  that such  might take  an                                                               
hour more of work.                                                                                                              
                                                                                                                                
REPRESENTATIVE GUESS  asked if  it was  Representative Whitaker's                                                               
belief  that this  change should  occur so  that one-half  of one                                                               
percent could actually block a merger.                                                                                          
                                                                                                                                
REPRESENTATIVE WHITAKER replied:                                                                                                
                                                                                                                                
     It  is  not  my  intent  to  allow  any  obstructionist                                                                    
     effort;  it is  my intent  to continue  to provide  the                                                                    
     right  to self-determination.    As a  result of  that,                                                                    
     there may be circumstances and situations wherein one-                                                                     
     half of one percent may be viewed by the other ninety-                                                                     
        nine point five percent as being obstructionist.                                                                        
      However, the rights of that one-half of one percent                                                                       
     have been maintained.                                                                                                      
                                                                                                                                
Number 2270                                                                                                                     
                                                                                                                                
REPRESENTATIVE GUESS  moved that  the committee  amend HB  296 by                                                               
deleting  Section 3.   There  being no  objection, Section  3 was                                                               
deleted.                                                                                                                        
                                                                                                                                
Number 2303                                                                                                                     
                                                                                                                                
REPRESENTATIVE SCALZI  moved to report  HB 296 as amended  out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
zero fiscal  note.  There  being no objection, CSHB  296(CRA) was                                                               
reported from  the House Community and  Regional Affairs Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
The committee took a brief at-ease from 8:43 a.m. to 8:45 a.m.                                                                  
                                                                                                                                
HB 355-MOBILE TELECOMMUNICATIONS TAX                                                                                          
                                                                                                                                
CO-CHAIR MEYER announced  that the next order  of business before                                                               
the committee  would be HOUSE BILL  NO. 355, "An Act  relating to                                                               
the   taxation   of   mobile   telecommunications   services   by                                                               
municipalities; and providing for an effective date."                                                                           
                                                                                                                                
REPRESENTATIVE GUESS announced that she had a conflict of                                                                       
interest with HB 355 due to her employment.                                                                                     
                                                                                                                                
REPRESENTATIVES   SCALZI   and   KERTTULA   objected   and   thus                                                               
Representative Guess was required to participate.                                                                               
                                                                                                                                
Number 2345                                                                                                                     
                                                                                                                                
AMY ERICKSON, Staff to Representative Murkowski, Alaska State                                                                   
Legislature, testified on behalf of the sponsor, the House Labor                                                                
& Commerce Standing Committee.  Ms. Erickson said:                                                                              
                                                                                                                                
     House Bill 355 conforms  Alaska statutes to the federal                                                                    
     Mobile Telecommunications  [Sourcing] Act to  allow for                                                                    
     the appropriate taxes and fees  on wireless services in                                                                    
     Alaska.    State  and   local  governments  tax  mobile                                                                    
     telecommunication  services  in   a  variety  of  ways.                                                                    
     Because   of  the   mobility  of   wireless  equipment,                                                                    
     determining  which state  and  local taxes  apply to  a                                                                    
     wireless  call   is  complicated.     The   process  of                                                                    
     determining where a transaction  is taxable is commonly                                                                    
     referred to as  "sourcing."  In order to  create a more                                                                    
     uniform system for  taxing wireless telecommunications,                                                                    
     Congress    passed   the    Mobile   Telecommunications                                                                    
     [Sourcing]  Act,  the crafting  of  which  was a  joint                                                                    
     effort  between  industry,  state and  local,  and  tax                                                                    
     officials.  This was enacted in 2000.                                                                                      
                                                                                                                                
     States have  until August 1st  of this year  to conform                                                                    
     to the federal act.  If  [Alaska] fails to conform as a                                                                    
     state, we'll  be unable to  impose taxes on  most calls                                                                    
     made  outside  of  where  the  customer's  primary  use                                                                    
     occurs - that's called "roaming."                                                                                          
                                                                                                                                
     Implementation of  HB 355 creates the  concept that the                                                                    
     customer has  a "primary place  of use."  That  is, the                                                                    
     residential  or  business   street  address  where  the                                                                    
     customer  uses  the  mobile service,  which  determines                                                                    
     which jurisdiction  has the right  to tax  the wireless                                                                    
     call.     Additionally,  the  bill   prevents  multiple                                                                    
     taxation, achieves  administrative simplicity  and cost                                                                    
     savings in  the billing  process, and  avoids expensive                                                                    
     audit   litigation    when   multiple    states   claim                                                                    
     jurisdiction to tax the same call.                                                                                         
                                                                                                                                
MS.  ERICKSON  informed the  committee  that  until this  morning                                                               
there was  no known controversy  with HB  355 and thus  she urged                                                               
the committee's support.                                                                                                        
                                                                                                                                
REPRESENTATIVE  MURKOWSKI  noted that  the  fiscal  note was  not                                                               
received until last evening.                                                                                                    
                                                                                                                                
Number 2514                                                                                                                     
                                                                                                                                
DAN   YOUMANS,  Director,   External   Affairs,  AT&T   Wireless,                                                               
reiterated that HB 355 would  place Alaska in compliance with the                                                               
Mobile Telecommunications  Sourcing Act, which was  the result of                                                               
a  collaborative  effort  between  the wireless  industry  and  a                                                               
number  of  organizations,   including  the  National  Governor's                                                               
Association, the  National Conference of State  Legislatures, the                                                               
federal tax  administrators, the Multi-State Tax  Commission, and                                                               
the  National  League  of  Cities.    Mr.  Youmans  informed  the                                                               
committee  that HB  355 is  supported by  both AT&T  Wireless and                                                               
ACS.  As  mentioned, the federal law is intended  to simplify how                                                               
taxes  are collected  and remitted  by wireless  carriers.   This                                                               
[federal law] was necessary because  the existing law speaking to                                                               
fixed   telecommunications    didn't   clearly    specify   which                                                               
jurisdiction  should be  allowed  to tax  revenues from  wireless                                                               
phones.  Additionally,  the federal act specified  changes in how                                                               
wireless  services  were sold.    Today,  wireless calls  are  no                                                               
longer sold on a call-by-call,  minute-by-minute basis.  New rate                                                               
plans now  include buckets of  air time, which  generally provide                                                               
better deals  to customers of  wireless service.   However, these                                                               
plans have  made the  assessment of  local taxes  very difficult.                                                               
For example, a  rate plan may include 300 minutes  of air time, a                                                               
bucket of minutes,  and may cost $29.99 and also  come with 1,000                                                               
free  [minutes] for  nights and  weekends.   Therefore, assessing                                                               
taxes on these calls that  are made from different municipalities                                                               
becomes extremely  complex.   For example,  what if  the customer                                                               
doesn't use  all the minutes in  a month or what  if the customer                                                               
uses all of  the minutes and buys additional minutes  at a higher                                                               
rate.                                                                                                                           
                                                                                                                                
MR.  YOUMANS  pointed  out  that  the  Mobile  Telecommunications                                                               
Sourcing Act has greatly simplified  this process by allowing the                                                               
jurisdiction of a customer's primary place  of use to tax all the                                                               
charges  all the  month no  matter  where the  customer made  the                                                               
calls in the United States.  In  HB 355, the primary place of use                                                               
is  defined  as  the  customer's residential  street  address  or                                                               
primary   business  address.      Therefore,   if  a   customer's                                                               
residential street  address is  in the City  of Seward,  the only                                                               
jurisdiction that  could apply taxes  would be Seward,  no matter                                                               
where  the customer  uses his/her  wireless phone.   Mr.  Youmans                                                               
informed  the committee  that on  a state-by-state  basis he  has                                                               
found this proposal to be revenue-neutral.                                                                                      
                                                                                                                                
Number 2712                                                                                                                     
                                                                                                                                
MR. YOUMANS summarized by saying  that the bill has the following                                                               
three benefits.   First, HB  355 greatly simplifies  the wireless                                                               
carriers'  administration  of   local  taxes  and  jurisdictional                                                               
audits  for  such taxes.    Second,  HB  355 helps  consumers  by                                                               
clarifying  which  taxes apply  to  their  bills.   Without  this                                                               
clarification  a  consumer  could  be  in  a  position  in  which                                                               
multiple  jurisdictions  attempt  to  charge  that  customer  for                                                               
taxes.   Third, HB 355  ensures that  taxes are collected  on all                                                               
appropriate revenue  of wireless users whose  resident or primary                                                               
business  address   is  in  their  jurisdiction.     Mr.  Youmans                                                               
concluded by requesting  that the effective date  be changed from                                                               
July 1,  2002, to August 1,  2002, which is when  the federal law                                                               
officially goes into effect.                                                                                                    
                                                                                                                                
Number 2755                                                                                                                     
                                                                                                                                
REPRESENTATIVE  MURKOWSKI  turned  to  the fiscal  note  and  its                                                               
analysis.   The  analysis  of  the fiscal  note  points out  that                                                               
although the language  of HB 355 is somewhat  patterned after the                                                               
federal  act, it  isn't  verbatim and  so  "some differences  may                                                               
produce  unintended consequences."   Therefore,  the fiscal  note                                                               
recommends   adoption   of   the  federal   act   by   reference.                                                               
Representative Murkowski inquired  as to how HB  355 differs from                                                               
the federal act.                                                                                                                
                                                                                                                                
MR.  YOUMANS remarked  that he  was  concerned to  hear that  the                                                               
Department  of Revenue  has some  issues with  HB 355  because he                                                               
worked closely with the department on this legislation.                                                                         
                                                                                                                                
Number 2839                                                                                                                     
                                                                                                                                
DARRELL  BELL, Director  of Taxes,  AT&T Wireless,  testified via                                                               
teleconference.   Mr.  Bell informed  the committee  that he  did                                                               
most  of the  drafting,  in conjunction  with  the Department  of                                                               
Revenue.   Great pains were taken  to reword the bill  to exactly                                                               
follow  the federal  bill.   Therefore, he,  too, was  surprised.                                                               
However, Mr.  Bell announced that he  didn't oppose incorporating                                                               
the entire  act by reference  because there was never  any intent                                                               
to differ from what the federal act achieves.                                                                                   
                                                                                                                                
REPRESENTATIVE  MURKOWSKI  pointed  out   that  the  fiscal  note                                                               
analysis  also  mentions  that  HB   355  is  restricted  to  the                                                               
municipal taxes in Alaska.   Therefore, the Department of Revenue                                                               
recommends changing  HB 355 so that  it applies to state  as well                                                               
as municipal taxes.  She inquired  as to [Mr. Bell's] thoughts on                                                               
that.                                                                                                                           
                                                                                                                                
MR. BELL  said that recommendation would  be fine.  He  said that                                                               
the only  state tax  he was  aware of  was the  Universal Service                                                               
Fund  tax.   However,  he wasn't  aware of  that  tax during  the                                                               
drafting of HB  355 and thus the legislation was  drafted to deal                                                               
with  the borough  and  city  issues.   Mr.  Bell emphasized  the                                                               
preference of  changing HB  355 so  that it  applies to  state as                                                               
well as municipal taxes.                                                                                                        
                                                                                                                                
CO-CHAIR  MEYER inquired  as to  what  the Telephone  Cooperative                                                               
Gross  Receipts Tax  is  that  is mentioned  in  the fiscal  note                                                               
analysis.   [There  was indication  that this  question could  be                                                               
answered by the department during their testimony.]                                                                             
                                                                                                                                
Number 2944                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA turned to  the new section, AS 29.45.780,                                                               
and inquired as to whether  those customer procedures differ from                                                               
how one deals with the telephone bill.                                                                                          
                                                                                                                                
MR.  BELL  explained that  [HB  355]  requires that  the  carrier                                                               
respond  to  the  customer  within  60  days  [once  there  is  a                                                               
complaint] regarding  the taxes on the  bill.  This is  the first                                                               
step for the customer in obtaining a correction of an error.                                                                    
                                                                                                                                
REPRESENTATIVE KERTTULA asked  if this has to be  done in writing                                                               
for telephone lines or can one call the carrier.                                                                                
                                                                                                                                
MR. BELL said he guessed that under HB 355 one could just call.                                                                 
                                                                                                                                
TAPE 02-11, SIDE B                                                                                                              
                                                                                                                                
REPRESENTATIVE KERTTULA  pointed out that the  language says, "If                                                               
a customer believes  that an amount of tax, charge,  or fee or an                                                               
assignment  of  place  of  primary  use  or  taxing  jurisdiction                                                               
included on  a billing  is erroneous,  the customer  shall notify                                                               
the home service provider in writing."                                                                                          
                                                                                                                                
Number 3003                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GUESS inquired  as to  whether [HB  355] includes                                                               
mobile data as well.                                                                                                            
                                                                                                                                
MR. BELL replied, "Yes, to the extent mobile data is taxable."                                                                  
                                                                                                                                
REPRESENTATIVE GUESS also inquired as to  who is in charge of the                                                               
database.                                                                                                                       
                                                                                                                                
MR. BELL  explained that the  state can  choose to do  nothing in                                                               
regard to a  database, and therefore the  carriers would continue                                                               
to use a  nine-digit zip code approach.  If  the state chooses to                                                               
do a database, it  has to be done by the state  or an entity with                                                               
which all the cities and boroughs  agree.  That database would be                                                               
used to correctly assign customers to their jurisdiction.                                                                       
                                                                                                                                
REPRESENTATIVE GUESS surmised then that  HB 355 doesn't force the                                                               
state to have an active role in creating a database.                                                                            
                                                                                                                                
MR. BELL  agreed.  If  the state  chooses to provide  a database,                                                               
the  carrier must  use that  database if  it desires  to be  held                                                               
harmless in how  customers are assigned jurisdictions.   Mr. Bell                                                               
suspected that  many states wouldn't  do a database in  the hopes                                                               
that  the two  or three  vendors  [in their  state] would  become                                                               
providers of  these databases  and thus  the state  would endorse                                                               
the database if it likes it.                                                                                                    
                                                                                                                                
Number 2872                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GUESS  pointed out  that  HB  355 refers  to  the                                                               
primary business street address but  doesn't refer to the primary                                                               
residential  address.     Therefore,  she  inquired   as  to  why                                                               
"primary" wasn't  specified for the residential  address while it                                                               
was for the business address.                                                                                                   
                                                                                                                                
MR.  BELL recalled  that the  League of  Cities wanted  a primary                                                               
business address  so that the  customer couldn't shop  around for                                                               
the lowest rate of all his/her  business locations.  He said, "We                                                               
were trying to  focus in on what they call  'gaming' on coming up                                                               
with a service address that would  be the point of taxation."  He                                                               
explained that  there was a  compromise in the  specifications of                                                               
the primary area of use.                                                                                                        
                                                                                                                                
REPRESENTATIVE GUESS  inquired as  to whether the  customer bears                                                               
any  obligation  to  notify his/her  service  provider  that  the                                                               
customer will  be temporarily  moving their  residential address,                                                               
although the primary residential address hasn't changed.                                                                        
                                                                                                                                
MR. BELL replied no, and explained  that the primary place of use                                                               
has to be one which is  reflected in the customer's call activity                                                               
across the board.  [This]  attempts to move away from identifying                                                               
the location of every call.                                                                                                     
                                                                                                                                
MR. YOUMANS  interjected that [the  primary place of use]  has to                                                               
be  within  the  carrier's  service  area.    Therefore,  if  the                                                               
secondary  residence isn't  in the  carrier's service  area, then                                                               
that wouldn't be considered the customer's primary place of use.                                                                
                                                                                                                                
REPRESENTATIVE GUESS  said that she  understood that there  was a                                                               
compromise, but  she feels it  seems sloppy to not  [require] the                                                               
primary residence address.   She said she didn't want  to be in a                                                               
situation in  which Juneau, as  well as Anchorage, thinks  it can                                                               
tax her during the four months she is in Juneau.                                                                                
                                                                                                                                
MR.  BELL remarked  that [the  carriers] don't  want to  be in  a                                                               
situation  of tracking  the customer's  activity and  change [the                                                               
primary place of use] every couple of months.                                                                                   
                                                                                                                                
Number 2696                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI asked what  would happen if Alaska fails                                                               
to come into compliance with the federal act.                                                                                   
                                                                                                                                
MR.  YOUMANS  explained that  the  problem  would relate  to  the                                                               
authority a  local jurisdiction  would have  in Alaska  to charge                                                               
taxes on calls made out of  that jurisdiction.  For example, when                                                               
a  customer  who lives  in  Seward  uses  his wireless  phone  in                                                               
Seattle, [Seward]  wouldn't be able  to collect the taxes  it was                                                               
owed for  those calls  made in  Seattle because  the municipality                                                               
wouldn't have the authority to tax outside of its jurisdiction.                                                                 
                                                                                                                                
MR. BELL  pointed out that the  federal act takes away  the right                                                               
to tax  customers traveling into  an area whose primary  place of                                                               
use  is outside  of  the  state.   If  Alaska  doesn't come  into                                                               
compliance with the federal act,  then the aforementioned revenue                                                               
stream from roaming will be lost.                                                                                               
                                                                                                                                
REPRESENTATIVE GUESS questioned whether  not specifying a primary                                                               
residential  address could  be setting  up a  situation in  which                                                               
Juneau  would decide  that  it  should receive  some  of the  tax                                                               
revenue from those who move to Juneau [for part of the year].                                                                   
                                                                                                                                
MR. BELL said  that if one uses their phone  primarily in Juneau,                                                               
then an  audit would be required  in order to change  the primary                                                               
place of use to Juneau.                                                                                                         
                                                                                                                                
MR. YOUMANS  interjected that the  determination would  come from                                                               
an audit.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  GUESS   questioned,  "Again,   tell  me   why  we                                                               
shouldn't change this to primary residential."                                                                                  
                                                                                                                                
MR. YOUMANS commented that perhaps  it's something that should be                                                               
reviewed.   He echoed  earlier comments that  the language  was a                                                               
compromise so  that [a customer]  isn't linked to one  address in                                                               
recognition  of people  moving  around a  bit.   If  there was  a                                                               
question, then  the customer  would show  their phone  records to                                                               
from where  the primary  calls are made  [in order  to determine]                                                               
the primary place of use.                                                                                                       
                                                                                                                                
REPRESENTATIVE  GUESS remarked  that it  seems to  place quite  a                                                               
burden on the customer.                                                                                                         
                                                                                                                                
REPRESENTATIVE MURKOWSKI  pointed out that Alaska  probably has a                                                               
greater population of folks that are  mobile.  She noted that she                                                               
uses her cell phone more in Juneau than she does in Anchorage.                                                                  
                                                                                                                                
MR. YOUMANS offered to review this issue.                                                                                       
                                                                                                                                
MR. BELL  related his  belief that changing  the language  to the                                                               
primary  residential  address  would   probably  follow  what  is                                                               
[currently] being  done more closely.   Therefore,  "we" probably                                                               
wouldn't argue  with that change,  although one state -  Alaska -                                                               
would have a little different wording.                                                                                          
                                                                                                                                
Number 2425                                                                                                                     
                                                                                                                                
CHUCK HARLAMERT,  Juneau Section Chief, Tax  Division, Department                                                               
of  Revenue, began  by apologizing  for the  late arrival  of the                                                               
fiscal note.  He echoed  earlier comments that the department had                                                               
worked closely with Mr. Bell and  Mr. Youmans over the last year.                                                               
The department reviewed  the first draft of HB  355 and suggested                                                               
changes,  which were  carried through.   He  noted that  he spoke                                                               
with Mr.  Bell and Mr. Youmans  last September and gave  them the                                                               
impression that  the department  was satisfied,  which it  was at                                                               
the  time.    Upon  further   accumulation  of  information  from                                                               
[similar] legislation being brought  forward in other states, the                                                               
fiscal note  was developed.   The suggestions of the  fiscal note                                                               
are minor technically.  Mr.  Harlamert said that the [department]                                                               
believes that the bill is a great idea.                                                                                         
                                                                                                                                
MR. HARLAMERT  turned to the  suggestion of adopting  the federal                                                               
act by  reference.   He explained,  "So the  extent that  our law                                                               
does not change to match the  federal law, we lose the ability to                                                               
tax -- we only  get the tax where they overlap.   Our basic theme                                                               
is to stay  on par with the federal law,  as closely as possible.                                                               
The  idea  is  that  it's revenue-neutral  for  everybody."    He                                                               
reiterated the belief that HB 355 is  a good bill, and he said he                                                               
hoped it would go through.   Mr. Harlamert turned to the problems                                                               
the  department had  with the  bill,  which he  viewed as  rather                                                               
technical.  Some  of the minor differences between  the bill [and                                                               
the federal  law] can't  be explained  by the  department because                                                               
the  department doesn't  have  expertise in  this  industry.   He                                                               
pointed  out,  "If  you  build  in  the  potential  for  our  law                                                               
deviating  from  the  federal  law, you,  by  nature,  limit  our                                                               
ability to  tax this activity.   It just doesn't make  any sense,                                                               
in my  opinion, to do that.   We should, as  closely as possible,                                                               
mimic the federal law."                                                                                                         
                                                                                                                                
MR. HARLAMERT, in response to  Co-Chair Meyer, explained that the                                                               
Telephone Cooperative Gross Receipts Tax  is a state tax on local                                                               
telephone cooperatives and  it's in lieu of any  other state tax.                                                               
This tax  is shared  directly with the  communities in  which the                                                               
telephone cooperative operates.   This tax was  mentioned only to                                                               
illustrate why one  would want to include state taxes  in HB 355.                                                               
Mr.  Harlamert  said  that [the  department]  can't  measure  the                                                               
amount  of  the Telephone  Cooperative  Gross  Receipts Tax  that                                                               
could  be  attributable   to  mobile  services.     Most  of  the                                                               
cooperatives  have  a  taxable   subsidiary  that  handle  mobile                                                               
services.  Mr.  Harlamert stated that it's not  really a critical                                                               
issue to the department.                                                                                                        
                                                                                                                                
CO-CHAIR MEYER  noted that  he would like  to know  the financial                                                               
impact  to the  state  if  this bill  passes  because that  would                                                               
determine  whether  HB 355  needs  to  go  to the  House  Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
Number 2131                                                                                                                     
                                                                                                                                
REPRESENTATIVE   MURKOWSKI   expressed   her   frustration   with                                                               
receiving  the fiscal  note late.    She asked  if Mr.  Harlamert                                                               
could  provide   an  example   of  the   unintended  consequences                                                               
mentioned in the analysis of the fiscal note.                                                                                   
                                                                                                                                
MR. HARLAMERT said that he  couldn't be specific because he isn't                                                               
competent to discuss  the underlying industry.  He  said he could                                                               
only  provide  the observation  that  federal  law overrides  the                                                               
state  law  and   the  state  can't  step   beyond  the  sourcing                                                               
provisions granted by the federal  law.  Therefore, any deviation                                                               
from  the  federal  law  limits  [the state]  and  thus  has  the                                                               
potential to  generate an unintended difference  between what the                                                               
state law allows the state to  tax and the federal law allows the                                                               
state to  tax.  The best  scenario is to match  the [federal] law                                                               
as closely as possible.                                                                                                         
                                                                                                                                
REPRESENTATIVE MURKOWSKI  expressed her  hope that  the committee                                                               
would be  willing to  hold HB  355 in  order that  the department                                                               
could  meet  with  Mr.  Bell  and Mr.  Youmans  and  anyone  else                                                               
interested.   She related her  understanding that  the department                                                               
needs  the expertise  of the  industry.   She also  expressed her                                                               
hope that  this could  be worked  out in order  to have  a strong                                                               
zero fiscal note.                                                                                                               
                                                                                                                                
MR.  HARLAMERT pointed  out that  even with  the adoption  of the                                                               
federal  law verbatim,  the risk  of it  becoming outdated  would                                                               
remain.  Therefore, adopting the  federal law by reference is the                                                               
simplest  way to  automatically  build into  Alaska's system  any                                                               
changes that occur to the federal law.                                                                                          
                                                                                                                                
Number 1912                                                                                                                     
                                                                                                                                
REPRESENTATIVE   GUESS  related   her   understanding  that   the                                                               
department would like  for HB 355 to include state  taxes and tie                                                               
the bill  to federal law.   She asked if  the tie to  the federal                                                               
government would  take into consideration prepaid  telephones and                                                               
other things coming in the wireless industry.                                                                                   
                                                                                                                                
MR. HARLAMERT clarified that the  latter change, tying our law to                                                               
the  federal  law, would  make  the  other suggestion,  including                                                               
state taxes,  irrelevant.  The  federal law applies to  state and                                                               
municipal  taxation.    In  further  response  to  Representative                                                               
Guess,  Mr.  Harlamert  agreed  that his  opinion  is  that  this                                                               
legislation needs to be tied to the federal law.                                                                                
                                                                                                                                
MR.  YOUMANS noted  that  he  would be  happy  to  work with  the                                                               
department on [adopting the federal law by reference].                                                                          
                                                                                                                                
MR. BELL added  that the route being suggested is  the route that                                                               
[the industry] wanted to go in  the first place.  He informed the                                                               
committee  that  in   many  states  when  this   route  has  been                                                               
attempted,  the state  has  pointed out  that  there are  certain                                                               
restrictions on  drafting the statutes  and thus the  federal act                                                               
couldn't be adopted  by reference.  He thought that  was the case                                                               
in Alaska and was why all the  work on HB 355 happened.  However,                                                               
"if we  can do  it by  reference, we'll do  it by  reference," he                                                               
said.                                                                                                                           
                                                                                                                                
Number 1774                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA  related her belief  that it can  be done                                                               
in  statute, but  the regulations  would be  a different  matter.                                                               
One of the  difficulties with regulations is that  you don't know                                                               
what  will happen,  and furthermore  agencies  only have  certain                                                               
authorities.   She said  she feels  that there  is a  little more                                                               
latitude with the statutes.                                                                                                     
                                                                                                                                
MR. YOUMANS clarified  that he didn't mean  [adopting the federal                                                               
law] by regulation but rather by reference.                                                                                     
                                                                                                                                
MR. BELL  interjected that there is  no desire to have  this done                                                               
by regulation.                                                                                                                  
                                                                                                                                
CO-CHAIR MEYER announced that HB 355 would be held.                                                                             
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Community  and Regional  Affairs Standing  Committee meeting  was                                                               
adjourned at 9:28 a.m.                                                                                                          
                                                                                                                                
                                                                                                                                
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