Legislature(2015 - 2016)CAPITOL 120

03/25/2015 01:00 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 75 MUNI REG OF MARIJUANA; LOCAL ELECTION TELECONFERENCED
<Bill Hearing Canceled>
+ HCR 1 GOVERNOR:TRIBAL SOVEREIGNTY AND JURIS. TELECONFERENCED
Heard & Held
-- Public Testimony --
+ HJR 3 CONGRESS:NATIVE TRIBAL JURIS. & AUTHORITY TELECONFERENCED
Heard & Held
-- Public Testimony --
*+ HB 147 ANIMALS: PROTECTION/RELEASE/CUSTODY TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         March 25, 2015                                                                                         
                           1:02 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Gabrielle LeDoux, Chair                                                                                          
Representative Wes Keller, Vice Chair                                                                                           
Representative Matt Claman                                                                                                      
Representative Max Gruenberg                                                                                                    
Representative Neal Foster                                                                                                      
Representative Bob Lynn                                                                                                         
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Charisse Millett                                                                                                 
Representative Kurt Olson (alternate)                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE CONCURRENT RESOLUTION NO. 1                                                                                               
Urging the Governor to acknowledge  officially the sovereignty of                                                               
Alaska  tribal  governments,  to   create  clear  and  consistent                                                               
policies for  increased state collaboration and  partnership with                                                               
tribes, and to direct the  attorney general to conduct a complete                                                               
review of  the state's litigation  against Alaska  Native tribes;                                                               
urging  the   Governor  to  acknowledge  the   inherent  criminal                                                               
jurisdiction  of Alaska  tribal governments  over tribal  members                                                               
within the boundaries  of their villages; urging  the Governor to                                                               
cooperate with tribes' efforts to  transfer Native land to trust;                                                               
and  urging the  Governor  to  support multilateral  negotiations                                                               
between  tribal governments,  nontribal  municipalities, and  the                                                               
state  government   to  delineate  clearly   tribal  geographical                                                               
jurisdictions.                                                                                                                  
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 3                                                                                                    
Urging  members of  the Alaska  delegation to  the United  States                                                               
Congress to  introduce substantially  similar legislation  to the                                                               
Alaska Safe Families and Villages  Act of 2013; urging the United                                                               
States  Congress to  affirm the  criminal jurisdiction  of Alaska                                                               
tribal governments  over tribal members within  the boundaries of                                                               
their villages;  urging the United  States Congress  to cooperate                                                               
with  tribes'  efforts to  transfer  Native  land to  trust;  and                                                               
supporting multilateral negotiations  between tribal governments,                                                               
nontribal municipalities, and the state and federal governments                                                                 
to delineate clearly tribal geographical jurisdictions.                                                                         
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HCR 1                                                                                                                   
SHORT TITLE: GOVERNOR: TRIBAL SOVEREIGNTY AND JURIS.                                                                            
SPONSOR(s): REPRESENTATIVE(s) EDGMON                                                                                            
                                                                                                                                
01/21/15       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/21/15       (H)       CRA, JUD                                                                                               
02/19/15       (H)       CRA AT 8:00 AM BARNES 124                                                                              
02/19/15       (H)       Heard & Held                                                                                           
02/19/15       (H)       MINUTE(CRA)                                                                                            
02/26/15       (H)       CRA AT 8:00 AM BARNES 124                                                                              
02/26/15       (H)       Heard & Held                                                                                           
02/26/15       (H)       MINUTE(CRA)                                                                                            
03/10/15       (H)       CRA AT 8:00 AM BARNES 124                                                                              
03/10/15       (H)       Moved  CSHCR 1(CRA) Out of Committee                                                                   
03/10/15       (H)       MINUTE(CRA)                                                                                            
03/11/15       (H)       CRA RPT CS(CRA) NT 4DP 3NR                                                                             
03/11/15       (H)       DP: DRUMMOND, NAGEAK, SEATON, ORTIZ                                                                    
03/11/15       (H)       NR: REINBOLD, HUGHES, TILTON                                                                           
03/25/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HJR 3                                                                                                                   
SHORT TITLE: CONGRESS: NATIVE TRIBAL JURIS. & AUTHORITY                                                                         
SPONSOR(s): REPRESENTATIVE(s) EDGMON                                                                                            
                                                                                                                                
01/21/15       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/21/15       (H)       CRA, JUD                                                                                               
02/19/15       (H)       CRA AT 8:00 AM BARNES 124                                                                              
02/19/15       (H)       Heard & Held                                                                                           
02/19/15       (H)       MINUTE(CRA)                                                                                            
02/26/15       (H)       CRA AT 8:00 AM BARNES 124                                                                              
02/26/15       (H)       Heard & Held                                                                                           
02/26/15       (H)       MINUTE(CRA)                                                                                            
03/10/15       (H)       CRA AT 8:00 AM BARNES 124                                                                              
03/10/15       (H)       Moved  CSHJR 3(CRA) Out of Committee                                                                   
03/10/15       (H)       MINUTE(CRA)                                                                                            
03/11/15       (H)       CRA RPT CS(CRA) NT 4DP 3NR                                                                             
03/11/15       (H)       DP: ORTIZ, SEATON, DRUMMOND, NAGEAK                                                                    
03/11/15       (H)       NR: HUGHES, REINBOLD, TILTON                                                                           
03/25/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE BRYCE EDGMON                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Presented an overview  on HCR 1 and  HJR 3,                                                             
as prime sponsor.                                                                                                               
                                                                                                                                
TIM CLARK, Staff                                                                                                                
Representative Bryce Edgmon                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   During the  hearing on HCR 1  testified and                                                             
answered questions.                                                                                                             
                                                                                                                                
MARY LUNDQUIST, Senior Assistant Attorney General                                                                               
Opinions, Appeals & Ethics Section                                                                                              
Civil Division                                                                                                                  
Department of Law                                                                                                               
Fairbanks, Alaska                                                                                                               
POSITION  STATEMENT:   During the  hearing on  CSHCR 1,  answered                                                             
questions.                                                                                                                      
                                                                                                                                
MARY BISHOP                                                                                                                     
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:   Presented  testimony during the  hearing on                                                             
CSHCR 1.                                                                                                                        
                                                                                                                                
TIM CLARK, Staff                                                                                                                
Representative Bryce Edgmon                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   During the hearing on HJR  3, testified and                                                             
answered questions.                                                                                                             
                                                                                                                                
RON SUMMERVILLE                                                                                                                 
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    During  the hearing  on  HJR  3,  offered                                                             
testimony.                                                                                                                      
                                                                                                                                
MARY BISHOP                                                                                                                     
Fairbanks, Alaska                                                                                                               
POSITION  STATEMENT:    During  the hearing  on  HJR  3,  offered                                                             
testimony.                                                                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:02:54 PM                                                                                                                    
                                                                                                                                
CHAIR  GABRIELLE  LEDOUX  called  the  House  Judiciary  Standing                                                             
Committee meeting  to order at 1:02  p.m. Representatives Keller,                                                               
Claman,  Gruenberg,  and LeDoux,  were  present  at the  call  to                                                               
order.   Representatives Lynn and  Foster arrived as  the meeting                                                               
was in progress.                                                                                                                
                                                                                                                                
CHAIR  LEDOUX  advised  the  two resolutions  would  be  held  in                                                               
committee today.                                                                                                                
                                                                                                                                
         HCR  1-GOVERNOR: TRIBAL SOVEREIGNTY AND JURIS.                                                                     
        HJR 3-CONGRESS: NATIVE TRIBAL JURIS. & AUTHORITY                                                                    
                                                                                                                                
1:04:03 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX announced that the  first order of business would be                                                               
HOUSE  CONCURRENT  RESOLUTION  NO.  1,  Urging  the  Governor  to                                                               
acknowledge   officially  the   sovereignty   of  Alaska   tribal                                                               
governments,  to   create  clear  and  consistent   policies  for                                                               
increased state  collaboration and  partnership with  tribes, and                                                               
to direct  the attorney general  to conduct a complete  review of                                                               
the state's  litigation against Alaska Native  tribes; urging the                                                               
Governor  to acknowledge  the inherent  criminal jurisdiction  of                                                               
Alaska  tribal   governments  over  tribal  members   within  the                                                               
boundaries of  their villages; urging  the Governor  to cooperate                                                               
with  tribes'  efforts to  transfer  Native  land to  trust;  and                                                               
urging the Governor to  support multilateral negotiations between                                                               
tribal  governments,  nontribal  municipalities,  and  the  state                                                               
government    to    delineate   clearly    tribal    geographical                                                               
jurisdictions, and  HOUSE JOINT RESOLUTION NO.  3, Urging members                                                               
of  the  Alaska  delegation  to the  United  States  Congress  to                                                               
introduce substantially  similar legislation  to the  Alaska Safe                                                               
Families  and Villages  Act  of 2013;  urging  the United  States                                                               
Congress  to affirm  the criminal  jurisdiction of  Alaska tribal                                                               
governments over  tribal members  within the boundaries  of their                                                               
villages;  urging the  United States  Congress to  cooperate with                                                               
tribes' efforts to transfer Native  land to trust; and supporting                                                               
multilateral negotiations  between tribal  governments, nontribal                                                               
municipalities,  and   the  state  and  federal   governments  to                                                               
delineate  clearly  tribal   geographical  jurisdictions.    [The                                                               
committee continued its  specific discussions on HCR 1  and HJR 3                                                               
later in the meeting.]                                                                                                          
                                                                                                                                
1:04:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BRYCE EDGMON,  Alaska  State Legislature,  stated                                                               
that the two  resolutions [HCR 1 and HJR 3]  before the committee                                                               
are being put forward in  tandem because they essentially are the                                                               
same  vehicles  with  HCR  1 being  delivered  to  Governor  Bill                                                               
Walker,  and  HJR   3  being  delivered  to   the  United  States                                                               
Congressional Delegation.   The intent  of the resolutions  is to                                                               
bring attention  to the  increased role  that tribal  entities in                                                               
the  State  of  Alaska  can   provide  in  terms  of  better  law                                                               
enforcements and  criminal justice  services at the  local level,                                                               
and also to recognize the fact  that the current system of highly                                                               
centralized  being  provided  through  state  agencies  in  large                                                               
measure has in many instances failed  to succeed.  He pointed out                                                               
that by  recognizing that Alaska  tribes can play a  greater role                                                               
in providing  criminal justice services  in Alaska has  merit and                                                               
deserves the attention of the  legislature, executive branch, and                                                               
Congressional Delegation.   He noted  that in a number  of Alaska                                                               
communities per  se are still  facing severe problems  related to                                                               
poverty,  alcoholism,  drug   abuse,  domestic  violence,  sexual                                                               
assault, suicides and a number of  other social ills that in some                                                               
communities are moving  forward at an epidemic level.   He opined                                                               
that these two resolutions, and  the fact that Alaskan tribes can                                                               
play a  larger role  in committing  to criminal  justice services                                                               
fits in  that category.   He pointed to  the State of  Texas that                                                               
has  taken  a  number  of measures  to  instill  "smart  justice"                                                               
policies,  and in  doing so  reduced  the recidivism  rate by  25                                                               
percent, save  approximately $3 billion in  building new prisons,                                                               
reduced  its  prison rates  by  10  percent,  and crime  rate  by                                                               
approximately 20 percent.  He  said in arguing that Alaska tribes                                                               
deserve more  recognition, clearer  and more  consistent policies                                                               
with   Alaska   State   agencies,  deserve   attention   at   the                                                               
Congressional level  the Women and  Safe Families Act  would have                                                               
provided  had   it  been  approved,   are  very  worthy   of  the                                                               
legislature's consideration.  He pointed  out that in the last 25                                                               
years there  have a number  of studies from  various commissions,                                                               
boards, and  entities that  have all  essentially pointed  to the                                                               
same  thing  -  if  Alaska  had  more  culturally  sensitive  law                                                               
enforcement  measures  at  the village  level,  that  in  looking                                                               
through the  eyes of  reformative justice  created not  only just                                                               
the  offenders but  also the  victims and  community itself.   In                                                               
that  manner, recidivism  could be  brought down  and reduce  the                                                               
high  percentage of  young Alaska  Native males  that enter  into                                                               
Alaska's  criminal justice  system.   He  suggested  that at  the                                                               
misdemeanor level with  minor offenses and then  graduate up into                                                               
felony  offenses  that  end  up   populating  the  Department  of                                                               
Corrections  (DOC) primarily  at  the  rate of  $158  per day  or                                                               
almost $60 thousand a year.                                                                                                     
                                                                                                                                
1:09:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EDGMON  explained that the two  resolutions have a                                                               
lot  of  merit in  promoting  criminal  justice measures  at  the                                                               
tribal level in small Alaskan  communities.  He further explained                                                               
that in  downsizing state  government to  offer Alaskan  tribes a                                                               
greater  role in  misdemeanor  cases and  minor  offenses at  the                                                               
local level, the legislature can  reduce the amount of outflow of                                                               
villages into the  criminal justice arena.  He noted  that at the                                                               
same time  save the State of  Alaska money and help  to get rural                                                               
Alaska directly on  the pathway to reformative justice.   He said                                                               
it   includes  rural   Alaska   and  the   rest   of  the   state                                                               
notwithstanding.                                                                                                                
                                                                                                                                
1:10:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN asked  whether these  resolutions relate  to                                                               
two separate systems  of justice, one for Alaska  Natives and one                                                               
for everyone else.                                                                                                              
                                                                                                                                
REPRESENTATIVE  EDGMON responded  that the  resolutions are  non-                                                               
binding,  and  that HCR  1  calls  for better  communication  and                                                               
recognition between  the state agencies  and the  tribal entities                                                               
that are  providing "circle sentencing" or  tribal court services                                                               
at  the local  tribal  community level.   He  stated  that in  no                                                               
manner  do the  resolutions  suggest that  tribal court  services                                                               
associate itself  with felony  offenses, of  which are  under the                                                               
purview of  the Alaska State  Troopers and  the law of  the land.                                                               
He  suggested  that tribes  be  active  in  terms of  more  minor                                                               
offenses at the community level.   He remarked that CSHCR 1, asks                                                               
that the state  take engaging state agencies in  working with the                                                               
tribes  on  a  community-by-community  basis  to  have  a  better                                                               
relationship and recognition.  Possibly,  he related, some of the                                                               
minor  offenses could  be dealt  with in  a culturally  sensitive                                                               
manner in  the local village  that arrests certain behavior.   He                                                               
used the example of the 14-year  old young man in Togiak who shot                                                               
a  dog and  was  deported almost  immediately  to the  McLaughlin                                                               
Youth  Center  Facility.   Subsequently,  he  offered, six  weeks                                                               
later  the  boy  was  allowed  to go  home.    Fortunately,  that                                                               
individual  did not  go down  the pathway  of the  "broken window                                                               
theory" of engaging  in a more serious offenses only  to become a                                                               
felon in  the criminal justice system  doing no one any  good and                                                               
costing the  state a lot of  money.  He said  the two resolutions                                                               
entertain  a better  dialogue  for  better communication  between                                                               
Alaska  tribes  and  state  agencies and  that  possibly  at  the                                                               
Congressional level  there could  be a bill  similar to  the bill                                                               
offered a  couple of years  ago that provided for  recognition of                                                               
more  criminal  jurisdiction for  Alaska  tribes.   He  said  the                                                               
resolutions  are  not  providing  answers  or  saying  that  they                                                               
provide the framework  that might be in place between  DOC or the                                                               
Department of Public  Safety and a local village.   He reiterated                                                               
that the  resolutions encourage the  Department of  Public Safety                                                               
to  work more  closely  with local  villages  to employ  measures                                                               
regarding minor  offenses that could  be dealt with at  the local                                                               
tribal level.                                                                                                                   
                                                                                                                                
1:14:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN referred to  the sponsor's comments regarding                                                               
tribal government  and asked whether  he meant the  city councils                                                               
in various villages.                                                                                                            
                                                                                                                                
REPRESENTATIVE  EDGMON responded  that Alaska  has 229  federally                                                               
recognized tribes  which is  approximately 40  percent of  all of                                                               
the tribes  in the United States.   He related that  these tribes                                                               
function at  various levels  as some  have active  tribal courts,                                                               
some  are just  forming tribal  courts, and  some have  no tribal                                                               
courts  at all.   He  explained that  communities like  Kake, and                                                               
other  communities  with more  active  tribal  courts, have  seen                                                               
positive  results  in the  engagement  of  local tribal  entities                                                               
regarding  misdemeanor and  minor offenses  which do  not involve                                                               
felonies.                                                                                                                       
                                                                                                                                
1:15:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  referred to non-Natives living  in primarily                                                               
Native areas and  asked about cultural sensitivity for  them.  He                                                               
further  asked   if  non-Natives   are  subject  to   the  tribal                                                               
government.                                                                                                                     
                                                                                                                                
         HCR 1-GOVERNOR: TRIBAL SOVEREIGNTY AND JURIS.                                                                      
                                                                                                                                
1:15:41 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX   directed  the  committee's  attention   to  HOUSE                                                               
CONCURRENT RESOLUTION  NO. 1, Urging the  Governor to acknowledge                                                               
officially  the  sovereignty  of Alaska  tribal  governments,  to                                                               
create  clear   and  consistent  policies  for   increased  state                                                               
collaboration  and partnership  with  tribes, and  to direct  the                                                               
attorney  general to  conduct a  complete review  of the  state's                                                               
litigation against  Alaska Native tribes; urging  the Governor to                                                               
acknowledge the  inherent criminal jurisdiction of  Alaska tribal                                                               
governments over  tribal members  within the boundaries  of their                                                               
villages; urging  the Governor to cooperate  with tribes' efforts                                                               
to  transfer Native  land to  trust; and  urging the  Governor to                                                               
support  multilateral  negotiations between  tribal  governments,                                                               
nontribal municipalities,  and the state government  to delineate                                                               
clearly tribal geographical jurisdictions.                                                                                      
                                                                                                                                
1:15:47 PM                                                                                                                    
                                                                                                                                
TIM  CLARK,  Staff,  Representative Bryce  Edgmon,  Alaska  State                                                               
Legislature,  said  that  everything  HCR  1  would  ask  of  the                                                               
governor  would depend  upon  the  state government  specifically                                                               
negotiating agreements  with tribes  to go  over every  detail of                                                               
what  the tribal  jurisdiction would  be, including  what crimes.                                                               
He  remarked that  most  likely these  agreements  would have  an                                                               
actual  laundry list  of various  misdemeanors  and other  crimes                                                               
that  the state  would  agree to  for  greater tribal  authority.                                                               
Also,   he  explained,   the  agreements   would  include   clear                                                               
statements that the state would retain concurrent jurisdiction.                                                                 
                                                                                                                                
REPRESENTATIVE  LYNN  opined  that   Anchorage  is  probably  the                                                               
largest Native  village in Alaska  and questioned how  this would                                                               
affect the Natives living in Anchorage.                                                                                         
                                                                                                                                
MR.  CLARK  replied  that  as   the  sponsor  envisions  it,  the                                                               
resolution  would  not   have  a  great  effect   on  the  Native                                                               
population in Anchorage.   He pointed out that  the resolution is                                                               
completely  focused   on  Alaska   Native  villages   and  remote                                                               
communities.   In  those areas,  he remarked,  the resolution  is                                                               
important  regarding  increasing   their  well-being,  authority,                                                               
responsibility, accountability,  and capacity.   The  above would                                                               
help  them  in   dealing  with  not  only   some  civil  criminal                                                               
jurisdiction at  the local  level, but also  to have  their court                                                               
systems  and  institutions  brought  up   to  a  level  that  can                                                               
effectively  deal  with  crime  committed  within  the  community                                                               
borders, he stated.                                                                                                             
                                                                                                                                
1:18:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KELLER  asked   for   the   definition  of   the                                                               
sovereignty of Alaska tribes in the  title of the resolution.  He                                                               
pointed out that the dictionary  definition is "governing without                                                               
interference."                                                                                                                  
                                                                                                                                
MR.  CLARK said  the resolutions  in their  current form,  having                                                               
emerged from  the House Community  and Regional  Affairs Standing                                                               
Committee,  no  longer  touch  on  specific  concepts  of  tribal                                                               
sovereignty.   He noted that  the resolutions simply  depend upon                                                               
the state  making very detailed  specific agreements  with tribal                                                               
communities  over  an  increase  of  their  capacity  to  deliver                                                               
justice at the local level.                                                                                                     
                                                                                                                                
REPRESENTATIVE KELLER surmised that the title is in error.                                                                      
                                                                                                                                
MR. CLARK responded that the title  is an artifact from the first                                                               
original versions  of the [resolution]  that did go  into matters                                                               
of tribal sovereignty.  In fact,  he stated, the sponsor has been                                                               
in discussions  with the Legislative Legal  and Research Services                                                               
attorneys  and the  Revisor  who  writes the  short  titles.   He                                                               
advised that the  Revisor cannot change the title  to reflect the                                                               
resolution  more  accurately until  it  passes  one body  of  the                                                               
legislature.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG asked  that  Mr. Clark  repeat what  he                                                               
said previously.                                                                                                                
                                                                                                                                
MR. CLARK reiterated  that in discussion with the  Revisor it was                                                               
his view that it was highly  unusual to change the short title of                                                               
the bill before it passed one body of the legislature.                                                                          
                                                                                                                                
1:21:39 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX advised  the  resolutions are  not  passing out  of                                                               
committee so the issue can be reviewed.                                                                                         
                                                                                                                                
1:21:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  said he  would like  to build  context for                                                               
his next question  and referred to the WHEREAS [on  page 1, lines                                                               
12-14], in  which discusses  the crisis at  hand in  dealing with                                                               
poverty, lack  of economic  opportunity, alcoholism,  drug abuse,                                                               
domestic violence, and  sexual assault.  He opined that  he has a                                                               
hard time  understanding how the  resolution would  address those                                                               
issues.   On the  other hand, the  message is  consistent through                                                               
the resolution that the answer  is in local enforcement and local                                                               
justice, he pointed  out.  He offered that  local enforcement and                                                               
local  justice is  important  rather than  just  to have  federal                                                               
justice  and  federal  enforcement,  which would  be  a  terrible                                                               
situation for  Alaskans.  He  reiterated that he  understands the                                                               
concerns but does  not understand how the connection  to a tribal                                                               
government  would address  the  issues any  better  than ...  the                                                               
constitution and  local control  is very  specific in  Article X,                                                               
Section 2, which read:                                                                                                          
                                                                                                                                
      Sec. 2.  All local government powers shall be vested                                                                      
     in boroughs and cities. The State may delegate taxing                                                                      
     powers to organized boroughs and cities only.                                                                              
                                                                                                                                
REPRESENTATIVE KELLER  continued that he believes  in giving some                                                               
justice   responsibility  to   the  boroughs   and  setting   the                                                               
equivalent of  county courts  to work  on borough  enforcement in                                                               
policing.    He questioned  whether  the  sponsor had  considered                                                               
going that  route as  legislatively it  could be  accomplished by                                                               
enhancing borough courts.                                                                                                       
                                                                                                                                
MR. CLARK  described the  resolutions as  a more  direct approach                                                               
wherein the issue of attempts  to alleviate crime and social ills                                                               
in remote communities has been  discussed for decades.  Often, he                                                               
explained, what has  been identified as a  contributing factor is                                                               
a kind of distance delivery of  justice to these communities.  He                                                               
said he  does not  mean only federal  law enforcement,  but state                                                               
law enforcement  as well.   Unfortunately,  he stated,  the state                                                               
has  struggled  to place  law  enforcement  officers actually  in                                                               
remote villages  within boroughs, incorporated small  cities, and                                                               
dozens and  dozens of villages  that exist in  the unincorporated                                                               
borough.  He described the  resolutions as steps currently within                                                               
the  authority  of  the  administration   to  turn  over  certain                                                               
responsibilities  to these  local  communities when  it comes  to                                                               
minor  crimes,  but serious  crimes  nonetheless.   It  could  be                                                               
accomplished  in the  above manner,  rather than  looking on  the                                                               
general  well-being   and  peace  in  their   towns  through  the                                                               
responsibility  of a  trooper who  might be  200-300 miles  away.                                                               
The communities can  look upon themselves and  their neighbors to                                                               
be more engaged  in helping to improve community  well-being.  He                                                               
noted there  have been commissions after  commissions assigned to                                                               
review these issues  over the years and almost  everyone on those                                                               
commissions  agreed that  when greater  control  is allowed  with                                                               
increased accountability at the local  level the results would be                                                               
a swifter  response to violence and  criminal activity, increased                                                               
crime  prevention,  and   increased  rehabilitation  rather  than                                                               
punitive sentencing  models.  He expressed  that these allowances                                                               
which could  help stop certain  individuals from entering  into a                                                               
long career of trouble.                                                                                                         
                                                                                                                                
1:26:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER said he is  not looking for a response from                                                               
Mr.  Clark but  wanted  his question  clear on  the  record.   He                                                               
pointed  out that  all of  the reports  the legislature  has seen                                                               
enhance  and  point  out  the   need  for  local  control,  quick                                                               
response, and local enforcement.   His stated that his concern is                                                               
whether the  sponsor has pursued  the avenue available  under the                                                               
Alaska  Constitution,  which is  to  organize  as a  borough  and                                                               
municipality  and go  through the  legislature to  increase local                                                               
control  that  way,   rather  than  coming  at   it  through  the                                                               
resolution.                                                                                                                     
                                                                                                                                
MR.  CLARK  answered   that  the  sponsor  will   look  into  his                                                               
suggestion as a possible avenue.                                                                                                
                                                                                                                                
1:28:12 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX asked for clarification  regarding the title and the                                                               
term sovereignty.   She  advised that while  reviewing HCR  1 she                                                               
noticed a different  title than in CSHCR 1, and  pointed out that                                                               
the new title does not include the term sovereignty.                                                                            
                                                                                                                                
MR. CLARK said he does not have  the short title in front of him,                                                               
but knows he  was able to persuade the Revisor  to change one but                                                               
not the other.  The revisor's  argument for changing one was that                                                               
the word sovereignty  did not exist in any place  in the original                                                               
resolution.                                                                                                                     
                                                                                                                                
CHAIR LEDOUX said that issue can be researched.                                                                                 
                                                                                                                                
1:29:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FOSTER asked  whether essentially  the resolution                                                               
is  adding a  tool to  the toolbox  as it  is not  mandating that                                                               
communities accept tribal enforcement.   He noted that within his                                                               
district, there  are many communities  with city  governments and                                                               
sometimes there  are villages that  do not hold elections  and do                                                               
not  have  a  city  government.     He  described  them  as  non-                                                               
functioning possibly because they  forgot to have their election.                                                               
He   pointed  out   that  there   are  situations   where  tribal                                                               
communities do  have their act  together and are  functioning and                                                               
surmised  that for  the communities  desiring tribal  enforcement                                                               
the option is there.                                                                                                            
                                                                                                                                
REPRESENTATIVE   EDGMON  stated   that  Representative   Foster's                                                               
description is a fair characterization  the resolutions.  He said                                                               
he  advocates  a  "go slow"  approach,  increasing  the  dialogue                                                               
between  CSHCR   1  and  state   agencies  with   the  particular                                                               
communities in  question.  He  surmised the exchange would  be on                                                               
an  individual basis,  similar to  legislation  passed last  year                                                               
regarding Village  Public Safety  Officers (VPSOs),  as it  is at                                                               
the discretion of  the various parties involved.   He agreed that                                                               
some communities  will be  better prepared  to have  tribal court                                                               
activities while others  may not have a tribal court  at all.  He                                                               
offered  his  understanding  that  there  are  approximately  100                                                               
tribal  courts  scattered  around  the state  and  some  function                                                               
regularly.    He remarked  it  is  important that  any  increased                                                               
tribal activity  take place clearly,  with the best  interests of                                                               
the individual community, and its leadership taking the lead.                                                                   
                                                                                                                                
1:33:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN  quiered  whether   it  is  the  sponsor's                                                               
general expectation this might strictly  relate to members of the                                                               
tribe  that are  participating  in  any kind  of  a tribal  court                                                               
system.  He surmised it would  not apply to an individual who was                                                               
not  a member  of the  tribe.   In addition,  he noted,  even for                                                               
those that were members of the  tribe it would only apply if they                                                               
had agreed to  be subject to that jurisdiction.   Essentially, he                                                               
pointed  out, it  would  not replace  state  jurisdiction and  by                                                               
voluntary agreement a member of  the tribe could agree to proceed                                                               
before the tribal court through that voluntary agreement.                                                                       
                                                                                                                                
REPRESENTATIVE EDGMON  replied it was  a fair way to  describe it                                                               
as there are smaller villages  which are comprised of 100 percent                                                               
tribal members.   He further  replied there are some  medium size                                                               
villages with  a broader  mix of  tribal and  non-tribal members,                                                               
but the  individual circumstances would dictate  the relationship                                                               
between   the  particular   state  agency   and  the   individual                                                               
community.                                                                                                                      
                                                                                                                                
1:34:42 PM                                                                                                                    
                                                                                                                                
MR.  CLARK  offered that  CSHCR  1  makes  reference to  a  civil                                                               
diversion  agreement.   He  advised that  late  in Governor  Sean                                                               
Parnell's  administration,  the  Department   of  Law  (DOL)  was                                                               
involved with the negotiation of  civil diversion agreements with                                                               
the   Tanana  Chiefs   Conference   as  well   as  other   tribal                                                               
associations and entities.  He  opined that they never reached an                                                               
agreement but  did go some  distance so that someone  arrested by                                                               
an Alaska  State Trooper  or VPSO  would be  given the  option of                                                               
his/her  situation  either  diverted   to  the  tribe  and  their                                                               
authorities, or  to continue through  the state  criminal justice                                                               
system.   He noted there  are all  sorts of ways  these questions                                                               
can be addressed, but to date he  has not heard that the state is                                                               
entertaining any  requirement that  a non-tribal member  would be                                                               
subject to the tribal justice system.                                                                                           
                                                                                                                                
CHAIR LEDOUX  reiterated that when  a person is not  subjected to                                                               
it  unless they  agreed.   She  offered a  situation  in a  small                                                               
village where a  non-tribal member is living,  and questioned why                                                               
the sponsor  would not  want to  give that  person the  option of                                                               
going through the system also.                                                                                                  
                                                                                                                                
MR. CLARK answered  that a draft diversion  agreement he reviewed                                                               
was in  fact that case.   Members  of the community,  both tribal                                                               
and non-tribal, would have recourse  to the tribal justice system                                                               
if a state agreement were in  place and a non-tribal member could                                                               
also make that choice, he remarked.                                                                                             
                                                                                                                                
1:37:25 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX stated  that the details are not  ironed out because                                                               
as she  understands CSHCR  1, it is  basically saying  that local                                                               
control is the best way to  go.  She suggested that local control                                                               
in many  of the communities are  tribes, and to let  the governor                                                               
and the tribes work something out.                                                                                              
                                                                                                                                
MR.  CLARK responded  "That is  exactly right."   The  sponsor is                                                               
simply  advocating for  this approach  to seek  more deliberative                                                               
justice,  more  capacity,  and   institution  building  and  more                                                               
responsibility, and accountability at the local level.                                                                          
                                                                                                                                
1:38:17 PM                                                                                                                    
                                                                                                                                
MR.  CLARK  continued  with  his   presentation  and  stated  the                                                               
resolution is  designed to mark  the state's willingness  to work                                                               
together with Alaska Native tribes  on methods to alleviate crime                                                               
and  social  ills  in  their   communities.    He  described  the                                                               
resolution  as  encouraging  the   governor  to  establish  clear                                                               
policies across  state agencies  for increased  collaboration and                                                               
partnership with  tribes as there is  a room for a  great deal of                                                               
improvement in  terms of working  together on these issues.   The                                                               
resolution encourages  the governor to negotiate  agreements with                                                               
Alaska  Native  tribes  that   would  increase  their  authority,                                                               
responsibility, and capacity to  enforce laws and deliver justice                                                               
at the  local level.  He  referred to [page 3,  lines 15-17] that                                                               
ask  the governor  to conduct  a complete  review of  the state's                                                               
litigation against tribes, which to  some extent is underway.  It                                                               
is the  sponsor's feeling that in  the event the state  does turn                                                               
in  a more  collaborative posture  with tribes  that some  of the                                                               
litigation  underway would  not  be necessary.    Similar to  the                                                               
other measures,  this could  save the state  money in  times when                                                               
the treasury is a bit distressed.                                                                                               
                                                                                                                                
1:40:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER said  he is interested in  what category of                                                               
litigation  would  not  be  pursued  with  a  more  collaborative                                                               
approach.    He   reiterated  Article  X  of   the  Alaska  State                                                               
Constitution in which there sections  addressing the problem.  He                                                               
pointed out that one of them  is the home rule power option where                                                               
an organized borough  can form a home rule charter  for a borough                                                               
under  the guidance  of law  to  set that  up.   He advised  this                                                               
statement is in [Article X], Section 11, which read:                                                                            
                                                                                                                                
     Sec. 11.  A home rule borough or city may exercise all                                                                     
         legislative powers not prohibited by law or by                                                                         
     charter.                                                                                                                   
                                                                                                                                
REPRESENTATIVE KELLER continued that the  section goes a long way                                                               
toward sovereignty,  and noted  it is an  option.   He reiterated                                                               
whether the sponsor had considered that avenue.                                                                                 
                                                                                                                                
REPRESENTATIVE  EDGMON  responded  that   the  harsh  reality  in                                                               
greater  rural Alaska  is that  in  roughly 10  years Alaska  has                                                               
increased state  agency spending  by 105  percent.   He explained                                                               
that  there are  75  communities without  VPSOs,  and the  Alaska                                                               
State Troopers  are stretched  far too thin.   The  Department of                                                               
Public  Safety budget  caps the  amount of  money going  into the                                                               
VPSO program by  taking 6 VPSO oversight  troopers and exchanging                                                               
them for general troopers who  will provide some of those duties.                                                               
He  expressed that  the resources  are not  there to  effectively                                                               
perform the  law enforcement services required.   He contemplated                                                               
that  he does  not see  some  of the  poor areas  forming into  a                                                               
borough as the areas must have  the will to become a borough, and                                                               
have the financial  viability to get something  through the local                                                               
boundary commission to  actually form a borough.   He opined that                                                               
many  small remote  communities with  infrequent, if  not any  at                                                               
all, law enforcement presence are  fending for themselves in many                                                               
respects.   He  reiterated that  both resolutions  are discussing                                                               
minor offenses  and in moving forward,  he does not see  a better                                                               
solution in the  small communities than tribal  courts being more                                                               
present.                                                                                                                        
                                                                                                                                
1:44:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER pointed out  that if a borough incorporates                                                               
it  has the  power  to tax  the  borough land.    He opined  that                                                               
Representative Edgmon's argument  is increased accountability and                                                               
responsibility for  people in a  local community and  stated that                                                               
he believes that  is the spirit of the  Alaska State Constitution                                                               
and would like the opportunity to purse the options.                                                                            
                                                                                                                                
1:45:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  asked  DOL's general  impression  of  the                                                               
legislature telling  DOL to review  its court cases.   He further                                                               
stated that in  his dealing with DOL he would  think there may be                                                               
resistance from  them and asked  if DOL had reviewed  court cases                                                               
and found some to be inappropriate.                                                                                             
                                                                                                                                
1:45:57 PM                                                                                                                    
                                                                                                                                
MARY  LUNDQUIST,  Senior  Assistant Attorney  General,  Opinions,                                                               
Appeals  & Ethics  Section, Civil  Division,  Department of  Law,                                                               
said  that currently  the  attorney general  is  going through  a                                                               
process of  reviewing litigation  with tribes and  that it  is an                                                               
ongoing process.   She stated she does not  think the legislature                                                               
urging  the  governor and  attorney  general  to engage  in  that                                                               
process  would be  taken the  wrong way  because it  is currently                                                               
underway.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  KELLER  questioned   whether  during  the  review                                                               
process DOL had found certain litigation inappropriate.                                                                         
                                                                                                                                
MS. LUNDQUIST  responded that she  is not personally  involved in                                                               
the ongoing  review process  and may  not be  the best  person to                                                               
answer  the question.   She  opined that  largely the  litigation                                                               
between the tribes  and the state is a  fundamental dispute about                                                               
the relative jurisdiction of the state  and tribes.  The issue of                                                               
whether  some cases  may  fall to  the wayside  based  on a  more                                                               
collaborative relationship  is entirely possible, but  she is not                                                               
aware of any specific cases, she advised.                                                                                       
                                                                                                                                
1:47:26 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX  questioned in the  event unorganized  boroughs were                                                               
to  get organized  whether  that  would mean  they  would have  a                                                               
separate system to  form courts.  She asked  what powers boroughs                                                               
have as far as courts and law enforcement.                                                                                      
                                                                                                                                
MS. LUNQUIST  replied that  she is  not intimately  familiar with                                                               
the  workings of  municipalities, but  opined that  the Anchorage                                                               
Municipality  does have  a court  function.   She said  she would                                                               
have to look  carefully at that question as  they could certainly                                                               
develop their  own ... a  city can develop their  own enforcement                                                               
system for their  criminal laws.  She  related that incorporating                                                               
boroughs  would  be able  to  do  some  of the  activities  being                                                               
encouraged by the tribes under the resolution.                                                                                  
                                                                                                                                
1:49:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN  offered that he  recognized Representative                                                               
Edgmon's comments  about small size,  poverty, and  challenges in                                                               
many of the  villages during these budget times.   He opined that                                                               
the reality has  been that many villages are too  small to have a                                                               
VPSO, and  that he believes  the legislature is scaling  back the                                                               
VPSO  program  further under  the  current  budget.   The  tribes                                                               
continue  to play  a  significant role  in  those communities  at                                                               
levels  at which  the committee  does not  fully understand.   He                                                               
noted  that the  idea of  getting more  integrated is  a positive                                                               
effort  and  he  does  not  see this  as  a  challenge  to  state                                                               
sovereignty as it  is working with the state.   He questioned Ms.                                                               
Lundquist regarding the power of  municipal governments to create                                                               
their  own courts,  particularly on  criminal matters.   He  then                                                               
referred  to   Article  IV,  Section   1  of  the   Alaska  State                                                               
Constitution, which read:                                                                                                       
                                                                                                                                
     Section 1.  The judicial power  of the State  is vested                                                                    
     in a  supreme court, a  superior court, and  the courts                                                                    
     established  by the  legislature.  The jurisdiction  of                                                                    
     courts  shall be  prescribed by  law. The  courts shall                                                                    
     constitute a unified judicial  system for operation and                                                                    
     administration.    Judicial    districts    shall    be                                                                    
     established by law.                                                                                                        
                                                                                                                                
REPRESENTATIVE  CLAMAN   continued  that  there  is   a  specific                                                               
reference  that the  courts shall  constitute a  unified judicial                                                               
system for operation  and administration.  He  opined that within                                                               
Alaska that  part of the  unified court  system is in  order that                                                               
municipalities to have prosecutorial  authority.  In that manner,                                                               
municipalities still  have to go  to state courts with  its cases                                                               
so there  is only  one justice  in the state.   He  requested Ms.                                                               
Lundquist's  thoughts regarding  municipalities creating  its own                                                               
court system  in light of the  constitutional provision regarding                                                               
a unified judicial system.                                                                                                      
                                                                                                                                
1:51:09 PM                                                                                                                    
                                                                                                                                
MS.  LUNDQUIST reiterated  that  she is  not intimately  familiar                                                               
with municipal laws  and noted the provision  in the constitution                                                               
requiring a unified  judicial system.  She related  that at least                                                               
some of  the prosecutorial authority would  lay in municipalities                                                               
and stated she could research this issue for the committee.                                                                     
                                                                                                                                
REPRESENTATIVE CLAMAN offered  that in the event she  has a basis                                                               
for believing a municipality or  city has the authority to create                                                               
their own  court system separate  from the unified  court system,                                                               
he would like  to see the research.  He  reiterated that they can                                                               
exercise prosecutorial functions, but not court functions.                                                                      
                                                                                                                                
CHAIR LEDOUX opened public testimony.                                                                                           
                                                                                                                                
1:52:26 PM                                                                                                                    
                                                                                                                                
MARY BISHOP,  referred to  a document  entitled What  Does Indian                                                             
Country  Really Mean  in Alaska,  within  the committee  packets.                                                             
She said  she will support  HCR 1 if  it is amended,  and opposes                                                               
HJR 3 which puts the legislation  into the February realm and she                                                               
prefers to go  slow.  She opined that Alaska  can through lack of                                                               
vigilant (indisc.) can unintentionally  unravel the Alaska Native                                                               
Claims Settlement Act (ANCSA) and  that fortunately over the last                                                               
few  decades many  efforts  have been  unsuccessful.   The  first                                                               
versions of the two resolutions  asked for support of moving land                                                               
into trust status.  She noted  that many people think that Alaska                                                               
cannot have Indian Country under  the Alaska v. Native Village of                                                             
Venetie  Tribal  Government, 522  U.S.  520  (1998), decision  in                                                             
which  the United  States Supreme  Court said  no Indian  Country                                                               
existed in  Alaska.  She stated  that it can through  a different                                                               
legal  method (indisc.)   The  state was  brought into  a lawsuit                                                               
Akiachak  Native Community  v.  Department of  the Interior,  No.                                                             
1:06-cv-00969  (RC), 2014  WL 2885910  (D.D.C.), which  describes                                                               
its  distinct potential  for unravelling  ANCSA and  establishing                                                               
Indian Country.   She said Attorney General  Richards received an                                                               
extension  until mid-July  to either  file the  state's brief  in                                                               
opposition,  choose the  option  to drop  the  case entirely,  or                                                               
address the  issue through Congressional  action.   She explained                                                               
that the  case allows placing  Alaskan tribal lands  into federal                                                               
Indian Country status, free of state taxation and regulation.                                                                   
                                                                                                                                
CHAIR LEDOUX  asked whether Ms.  Bishop was reviewing  version E,                                                               
as  some  of  Ms.  Bishop's  comments may  be  addressed  to  the                                                               
original version of the resolution  as opposed to version E which                                                               
is a much more limited form than previously.                                                                                    
                                                                                                                                
1:57:27 PM                                                                                                                    
                                                                                                                                
MS. BISHOP  said "That's true,"  and she pointed out  that Alaska                                                               
can still  get Indian  Country if  it is not  careful in  how the                                                               
legislature addresses  the resolution.  For  example, she stated,                                                               
the  resolution   encourages  the   committee  to  look   at  the                                                               
reservation,   but  also   includes   a   RESOLVE  that   opposes                                                               
establishment of trust lands in  Indian Country.  She opined that                                                               
it should address  state action and not  federal action regarding                                                               
the  crucial  issues of  rural  justice.    She referred  to  the                                                               
[3/13/15  testimony to  the House  Judiciary Standing  Committee]                                                               
presentation of Sam  Gottstein, and was pleased that  she did not                                                               
hear  about the  need to  move tribal  lands into  federal trust.                                                               
Instead, she advised, she heard  an advocacy to work with methods                                                               
probably  now  available  in the  state,  thereby,  avoiding  the                                                               
federal government and the United  States Department of Interior.                                                               
She quoted  from Mr. Gottstein's  paper, "The State of  Alaska is                                                               
better positioned to find a  long-term and meaningful solution to                                                               
Alaska Native tribal jurisdictional issues than Congress."                                                                      
                                                                                                                                
CHAIR  LEDOUX  interjected  that   the  committee  is  in  public                                                               
testimony  with respect  to CSHCR  1,  which does  not deal  with                                                               
Congress at all.                                                                                                                
                                                                                                                                
1:59:40 PM                                                                                                                    
                                                                                                                                
MS.  BISHOP  said  she  agrees  with Mr.  Gottstein  in  that  he                                                               
emphasized that it can be done  through the state and not through                                                               
the federal government.   She stated that is  consistent with the                                                               
press release  by former Attorney General  Michael Geraghty where                                                               
he  describes  an agreement  between  the  state and  the  tribes                                                               
allowing, in  certain cases,  "tribal civil  remedies in  lieu of                                                               
state criminal prosecution."  She  opined this would perhaps meet                                                               
the  concerns expressed  by Alaska  Supreme  Court Chief  Justice                                                               
[Dana Fabe as relayed in the Gottstein paper].                                                                                  
                                                                                                                                
CHAIR LEDOUX advised Ms. Bishop  that public testimony is limited                                                               
to three  minutes and her  testimony had gone  significantly over                                                               
that limit.                                                                                                                     
                                                                                                                                
MS. BISHOP  reiterated that  she encourages  the committee  to go                                                               
slow, pass an amendment to HCR 1, and reject HJR 3.                                                                             
                                                                                                                                
2:02:01 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX  closed public testimony  after ascertaining  no one                                                               
further wished to testify.                                                                                                      
                                                                                                                                
2:02:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  offered that his questions  need not be                                                               
answered at this  time, but noted that the  resolution appears to                                                               
be asking action by the governor  and quiered why this method was                                                               
chosen.                                                                                                                         
                                                                                                                                
REPRESENTATIVE EDGMON  referred to  the comment about  going slow                                                               
with the resolutions  and opined that these  resolutions speak to                                                               
encouraging  a process  that is  underway as  the Alaska  Supreme                                                               
Court  is moving  forward  on a  number of  items  CSHCR 1  would                                                               
promote.    He remarked  that  the  resolution  is saying  it  is                                                               
appropriate  for  state  agencies   now  to  begin  working  more                                                               
directly  with  tribes  on  an  individual  basis.    He  further                                                               
remarked that  as research  continued they did  not find  any one                                                               
statute they could put anywhere ...  create any kind of iron clad                                                               
requirements or "must haves" or  any requirements that would move                                                               
this  dialogue further  along.   In that  regard, he  pointed out                                                               
that it  is more appropriate  to have the resolution  and receive                                                               
approval of the legislature and  lend gravitas to that discussion                                                               
that for all intents and purposes  is going to take place whether                                                               
these resolutions get passed or not.                                                                                            
                                                                                                                                
2:05:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  related that  other things  to consider                                                               
are whether  the current administration  would be  interested, by                                                               
executive order,  and possibly  some departmental  realignment to                                                               
assist in this process.                                                                                                         
                                                                                                                                
REPRESENTATIVE  EDGMON opined  that he  can't speak  for Governor                                                               
Bill  Walker's  administration.   He  paraphrased  what has  been                                                               
described as not only their  support, but also for approaching it                                                               
judiciously in  knowing that Alaska  tribes are being  dealt with                                                               
involving landscape  jurisdictional issues, authority  of tribes,                                                               
and  building   relationships  between   the  state   and  tribal                                                               
entities.                                                                                                                       
                                                                                                                                
2:06:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG referred  to CSHCR 1, page  1, lines 12-                                                               
14, where  suicide was  specifically mentioned  and asked  if the                                                               
sponsor would consider  a friendly amendment to  include the word                                                               
"suicide" within page 1, lines 12-14.                                                                                           
                                                                                                                                
REPRESENTATIVE  EDGMON  responded  that   the  amendment  was  an                                                               
acceptable addition to the resolution.                                                                                          
                                                                                                                                
REPRESENTATIVE  GRUENBERG  referred to  page  2,  lines 3-4,  and                                                               
requested the  actual figures  regarding the  words "dramatically                                                               
higher."                                                                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG  then referred in general  to "resolves"                                                               
and mentioned  it could be of  assistance to ask the  governor or                                                               
attorney general to report back  to the legislature as to whether                                                               
the sponsor's suggestions were accomplished.                                                                                    
                                                                                                                                
CHAIR  LEDOUX  advised  Representative   Gruenberg  that  she  is                                                               
keeping questions regarding the two resolutions separate.                                                                       
                                                                                                                                
CHAIR LEDOUX held CSHCR 1 in committee.                                                                                         
                                                                                                                                
        HJR 3-CONGRESS: NATIVE TRIBAL JURIS. & AUTHORITY                                                                    
                                                                                                                                
2:08:53 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX announced that the  final order of business would be                                                               
HOUSE  JOINT  RESOLUTION NO.  3,  Urging  members of  the  Alaska                                                               
delegation   to  the   United   States   Congress  to   introduce                                                               
substantially  similar legislation  to the  Alaska Safe  Families                                                               
and Villages  Act of 2013;  urging the United States  Congress to                                                               
affirm  the criminal  jurisdiction of  Alaska tribal  governments                                                               
over  tribal members  within the  boundaries  of their  villages;                                                               
urging  the  United States  Congress  to  cooperate with  tribes'                                                               
efforts  to  transfer  Native  land   to  trust;  and  supporting                                                               
multilateral negotiations  between tribal  governments, nontribal                                                               
municipalities,  and   the  state  and  federal   governments  to                                                               
delineate clearly tribal geographical jurisdictions.                                                                            
                                                                                                                                
2:09:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked a threshold question  in that HJR                                                               
3 appeared to be directed at  a particular bill introduced in the                                                               
last Congress that did not pass, but he did not have a copy.                                                                    
                                                                                                                                
2:09:59 PM                                                                                                                    
                                                                                                                                
TIM  CLARK,  Staff,  Representative Bryce  Edgmon,  Alaska  State                                                               
Legislature, advised the  bill reference in its  entirety is part                                                               
of the bill  packet.  He advised it is  United States Senate Bill                                                               
1474.                                                                                                                           
                                                                                                                                
2:10:45 PM                                                                                                                    
                                                                                                                                
MR.  CLARK  pointed  out  that the  two  resolutions  before  the                                                               
committee are  very closely related  as the Preambles  are nearly                                                               
identical.  He noted the goals  are also closely related in terms                                                               
of  trying   to  address  devastating  social   strife  in  rural                                                               
communities, it is  the Resolves that differ.  He  said HJR 3, is                                                               
directed  toward Congress  and asks  it to  introduce legislation                                                               
substantially similar  to the Alaska  Safe Families  and Villages                                                               
Act  of  2013.   The  federal  legislation, he  explained,  would                                                               
establish  a pilot  project of  which  will provide  a number  of                                                               
tribal communities  with increased  federal funding.   He further                                                               
explained  that the  federal funding  would be  for their  tribal                                                               
courts  and  law  enforcement   needs,  enhanced  authority  over                                                               
domestic  violence and  child abuse  neglect,  greater local  law                                                               
enforcement responsibilities  to combat  drug and  alcohol abuse,                                                               
and  improve coordination  between  federal,  state, tribal,  and                                                               
local law  enforcement agencies.   He related that it  comes back                                                               
to  the recommendations  of  a task  force  and commission  after                                                               
another over  a 25-30 year  period.  Wherein many  concluded over                                                               
and over  again that greater  control, greater  responsibility at                                                               
the local  level would lead  to swifter response to  violence and                                                               
criminal  activity, increased  crime  prevention, and  sentencing                                                               
models  more culturally  appropriate and  more rehabilitative  as                                                               
opposed to punitive in some but not all cases, he pointed out.                                                                  
                                                                                                                                
2:13:02 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX opened public testimony                                                                                            
                                                                                                                                
2:13:08 PM                                                                                                                    
                                                                                                                                
RON SUMMERVILLE, said that Mary  Bishop testified to a concern of                                                               
many people which is the  fragmenting of the state's jurisdiction                                                               
in creating  some sort  of an anomaly  which exists  primarily in                                                               
reservations  outside.   He remarked  that having  grown up  in a                                                               
small Native  community, he appreciates  efforts to  bring issues                                                               
to light  as there  are serious  problems.   The problems  in the                                                               
villages  are problems  the legislature  and various  communities                                                               
have and  remarked that the  question is how much  recognition of                                                               
tribal  jurisdiction  is  the  answer.     He  pointed  out  that                                                               
Representative Keller  asked whether other options  are available                                                               
and he  said he  would support obtaining  additional jurisdiction                                                               
to tribal  governments if  they demonstrate  they can  handle it.                                                               
He related that he comes from  Craig and that the cities of Craig                                                               
and  Klawock  have  offered examples  of  tribal  government  and                                                               
courts  issuing proclamations.   However,  he remarked,  that the                                                               
conflict with the Alaska State  Constitution is what concerns him                                                               
when looking at HJR 3 which  is asking Congress to pass something                                                               
to provide more jurisdiction and  authority to the tribal courts.                                                               
He  expressed that  he  lived through  D2,  subsistence, and  the                                                               
unintended   consequences   that   occurred  with   the   federal                                                               
government passing  legislation that Alaska had  no control over.                                                               
He  related  that the  legislature  requires  that the  State  of                                                               
Alaska  must concur  in  any  action by  Congress  in giving  the                                                               
authority  as it  must  be  concurred upon  by  the  state.   The                                                               
passage  of  the  subsistence  provision in  federal  law  was  a                                                               
horrible  mistake in  many cases,  as  there is  now an  unwanted                                                               
fragmented system in the court  systems, however, jurisdiction is                                                               
given to the tribal courts.                                                                                                     
                                                                                                                                
2:18:44 PM                                                                                                                    
                                                                                                                                
MARY  BISHOP, referred  to an  article in  the committee  packets                                                               
entitled Tribal  Jurisdiction in  Alaska, and  read "In  years to                                                             
come the  trend in Alaska  appears to be moving  toward increased                                                               
collaboration between  the state, tribes, and  respective courts.                                                               
The (indisc.)  have much to  share with each other.   Ultimately,                                                               
the  more  access  to  justice   Alaska's  tribal  members  have,                                                               
especially in  the remote  villages, the  better for  our state's                                                               
health and safety  overall."  She encouraged the  committee to go                                                               
slow and (indisc.) HJR 3.                                                                                                       
                                                                                                                                
2:19:59 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX  closed public testimony  after ascertaining  no one                                                               
further wished to testify.                                                                                                      
                                                                                                                                
2:20:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG commented  that the  resolution appears                                                               
to specifically  urge Alaska's delegation to  introduce something                                                               
similar to a  federal bill entitled The Alaska  Safe Families and                                                             
Villages Act of 2013.  He  said apparently the [federal] bill was                                                             
"reported with an  amendment," and asked whether the  bill in the                                                               
packet contains the  amendment, or whether it was in  the form of                                                               
a committee substitute, and what happened to the bill.                                                                          
                                                                                                                                
2:21:26 PM                                                                                                                    
                                                                                                                                
MR.  CLARK advised  that  the act  was  originally introduced  in                                                               
2011,  and by  the time  it  reached the  113th Congress,  second                                                               
session, work  had been  performed on  it.  He  said he  does not                                                               
know specifically what the changes were going forward.                                                                          
                                                                                                                                
REPRESENTATIVE  GRUENBERG requested  the exact  text of  the bill                                                               
and  the  committee  report,  as   those  reports  often  include                                                               
arguments for the bill, minority views, and the bill's status.                                                                  
                                                                                                                                
MR. CLARK  pointed back to  the language of the  resolution which                                                               
requests  legislation  substantially  similar,  to  what  can  be                                                               
interpreted as a bill, including  the major provisions.  He asked                                                               
for  clarification as  to  whether  Representative Gruenberg  was                                                               
requesting a more specific definition ...                                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG   interjected  that  the   lawyers  and                                                               
members on  the House  Judiciary Standing  Committee need  to see                                                               
more specifics.                                                                                                                 
                                                                                                                                
2:23:17 PM                                                                                                                    
                                                                                                                                
MR. CLARK  added that some  of the public comments  had expressed                                                               
worries  that in  endorsing federal  legislation the  state would                                                               
somehow be run roughshod over it.   He pointed to the Alaska Safe                                                               
Families and Villages  Act of 2013, which has  provisions that it                                                               
is  a   demonstration  project  being  put   forward  by  federal                                                               
legislation ...  conceivably a handful  of villages.   He offered                                                               
that  every step  along  the way  a  village's eligibility  would                                                               
depend upon  it having first  negotiated an agreement  over these                                                               
exact issues  with the  State of  Alaska.   He explained  that no                                                               
village would be eligible for  the demonstration project that did                                                               
not first  have an  agreement with  the State  of Alaska,  as the                                                               
state  comes  first  in  this  legislation.    In  terms  of  Mr.                                                               
Summerville's  misgivings over  the  capacities  of these  tribal                                                               
institutions,  the   federal  legislation  also   addresses  each                                                               
village's  eligibility   with  the   capacity  of   its  specific                                                               
institution,   quality    and   thoroughness   of    its   tribal                                                               
constitution,  quality and  thoroughness  of  its ordinances  and                                                               
laws, and the fact that  all of those institutions and capacities                                                               
would be  reviewed by  the Department  of Justice  before allowed                                                               
into the program.                                                                                                               
                                                                                                                                
2:25:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG noted that the  key language in HJR 3 is                                                               
found on  page 3, lines 1-12,  as regardless of whatever  else is                                                               
in the  federal bill, the  interests the sponsor has  are certain                                                               
provisions  involving   the  establishment  of   a  demonstration                                                               
project.   He  asked if  that is  all the  sponsor is  asking the                                                               
committee  to endorse  it may  be all  the information  needed in                                                               
front  of the  committee.   He  said that  part  of the  problem,                                                               
highlighted in Senator Dan Sullivan's  address, is that few votes                                                               
were taken  on the Senate  floor last year.   He opined  that the                                                               
United States  Senate is  either combining  bills or  limiting to                                                               
appropriation, he was not sure.                                                                                                 
                                                                                                                                
2:27:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN posited that the  2013 act was supported by                                                               
Senators Lisa Murkowski and Begich.                                                                                             
                                                                                                                                
MR. CLARK answered  that the initial bill was  amended by Senator                                                               
Lisa  Murkowski on  the  United States  Senate  floor to  exclude                                                               
Alaska Natives,  but later changed her  position and co-sponsored                                                               
a similar bill with then Senator Begich.                                                                                        
                                                                                                                                
REPRESENTATIVE CLAMAN  assumed that Senator Lisa  Murkowski would                                                               
continue to support the bill  and asked where Senator Sullivan is                                                               
on this bill.                                                                                                                   
                                                                                                                                
MR.  CLARK said  he does  not have  any idea  as he  has not  had                                                               
correspondence  with Senator  Sullivan.   He  explained that  the                                                               
jurisdiction issues in  general in Congress and  treatment of the                                                               
jurisdictional  issues with  Alaska tribes  has been  a struggle.                                                               
Clearly, he  noted that  under Venetie,  where the  United States                                                             
Supreme  Court  unanimously  said  that  under  ANCSA  (1971)  it                                                               
transfers 4-5  million acres and  1 billion dollars to  the State                                                               
of Alaska in exchange for all  title and all sovereignty to their                                                               
land.    He noted  that  the  United  States Supreme  Court  said                                                               
emphatically that Indian  Country does not exist in  Alaska.  The                                                               
bill Senators  Begich and Lisa  Murkowski supported  attempted to                                                               
work around that distinction in  addressing the epidemic problems                                                               
of  social issues  with Alaska  Natives,  while recognizing  that                                                               
Indian Country largely  did not exist in Alaska.   He opined that                                                               
the  request for  Senators Sullivan  and Lisa  Murkowski to  take                                                               
additional time  to consider the  issue is  justified as it  is a                                                               
complicated issue from that standpoint.                                                                                         
                                                                                                                                
2:30:39 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX asked  for clarification as to whether  there is one                                                               
place in Alaska where it is Indian Country.                                                                                     
                                                                                                                                
MR. CLARK responded Metlakatla.                                                                                                 
                                                                                                                                
CHAIR LEDOUX asked  if this idea had been tried  in Metlakatla as                                                               
it  seems like  a great  place to  start things  out where  there                                                               
wouldn't  be the  problem with  Indian Country  versus non-Indian                                                               
Country.                                                                                                                        
                                                                                                                                
MR. CLARK responded  that the resolution addresses  the other 228                                                               
or so tribes and their  systemic problems with providing criminal                                                               
justice services  and the attendant  social problems  at epidemic                                                               
levels.  He opined that he does not think Metlakatla experiences                                                                
the same level of social disruption and violence as other Alaska                                                                
villages.                                                                                                                       
                                                                                                                                
CHAIR LEDOUX held HJR 3 in committee.                                                                                           
                                                                                                                                
2:32:09 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 2:32 p.m.                                                                 

Document Name Date/Time Subjects
HCR 1 Additional Documentation - Attorney General Geraghty.docx HJUD 3/25/2015 1:00:00 PM
HCR 1
HCR 1 Additional Documentation--Alaska Justice Forum--Survey of Tribal Court Effectiveness Studies.pdf HJUD 3/25/2015 1:00:00 PM
HCR 1
HCR 1 CSHCR1(CRA) Sponsor Statement.pdf HJUD 3/25/2015 1:00:00 PM
HCR 1
HCR 1 Fiscal Note HCR001-1-1-031115-CRA-N.pdf HJUD 3/25/2015 1:00:00 PM
HCR 1 Summary of Changes--Version W to Version E--CSHCR1(CRA).pdf HJUD 3/25/2015 1:00:00 PM
HCR1 Additional Documentation--AK Commission on Rural Governance and Empowerment--2014 Report.pdf HJUD 3/25/2015 1:00:00 PM
HCR1 Additional Documentation--Alaska Rural Justice and Law Enforcement Commission Report (2012).pdf HJUD 3/25/2015 1:00:00 PM
HCR1 Additional Documentation--Indian Law and Order Commission--Reforming Justice for Alaska Natives (2013).pdf HJUD 3/25/2015 1:00:00 PM
HCR1 Additional Documentation--Public testimony-Mary Bishop.docx HJUD 3/25/2015 1:00:00 PM
HCR1 Additional Documentation--S. 1474--Alaska Safe Families and Villages Act of 2014.pdf HJUD 3/25/2015 1:00:00 PM
HCR1 Additional Documentation--Tribal Court Jurisdiction in Alaska.pdf HJUD 3/25/2015 1:00:00 PM
HCR1 Addittional Documentation - Restricted Native Land within the Fbx Borough.xls HJUD 3/25/2015 1:00:00 PM
HCR1 Addittional Documentation - Restricted Native Land within the Fbx Borough.xls HJUD 3/25/2015 1:00:00 PM
HCR1 CSHCR1(CRA) Version E.pdf HJUD 3/25/2015 1:00:00 PM
HCR1 Version W.pdf HJUD 3/25/2015 1:00:00 PM
HJR 3 Additional Documentation--Alaska Justice Forum--Survey of Tribal Court Effectiveness Studies.pdf HJUD 3/25/2015 1:00:00 PM
HJR 3
HJR 3 CSHJR3(CRA) Sponsor Statement.pdf HJUD 3/25/2015 1:00:00 PM
HJR 3 CSHJR3(CRA) Version H.pdf HJUD 3/25/2015 1:00:00 PM
HJR 3 Fiscal Note HJR003-1-1-031115-CRA-N.pdf HJUD 3/25/2015 1:00:00 PM
HJR 3 Summary of Changes--Version A to Version H--CSHJR3(CRA).pdf HJUD 3/25/2015 1:00:00 PM
HJR3 Additional Documentation--AK Commission on Rural Governance and Empowerment--2014 Report.pdf HJUD 3/25/2015 1:00:00 PM
HJR3 Additional Documentation--Alaska Rural Justice and Law Enforcement Commission Report (2012).pdf HJUD 3/25/2015 1:00:00 PM
HJR3 Additional Documentation--Indian Law and Order Commission--Reforming Justice for Alaska Natives (2013).pdf HJUD 3/25/2015 1:00:00 PM
HJR3 Additional Documentation--S. 1474--Alaska Safe Families and Villages Act of 2014.pdf HJUD 3/25/2015 1:00:00 PM
HJR3 Additional Documentation--Tribal Court Jurisdiction in Alaska.pdf HJUD 3/25/2015 1:00:00 PM
HJR3 Version A.pdf HJUD 3/25/2015 1:00:00 PM
CS HB 75 Version Y, PROPOSED.pdf HJUD 3/25/2015 1:00:00 PM
HB 75
CSHB75 Explanation of Changes, Fversion.pdf HJUD 3/25/2015 1:00:00 PM
HB 75
CSHB75 Sectional Analysis versionF.pdf HJUD 3/25/2015 1:00:00 PM
HB 75
CSHB75 Version L.pdf HJUD 3/25/2015 1:00:00 PM
HB 75
CSHB75 Explanation of Changes, versionV.pdf HJUD 3/25/2015 1:00:00 PM
HB 75
CSHB75 Sectional Analysis versionV.pdf HJUD 3/25/2015 1:00:00 PM
HB 75