Legislature(2015 - 2016)CAPITOL 120

04/02/2015 01:00 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Will be Continued from 4/1/15 Meeting --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HCR 1 GOVERNOR:TRIBAL SOVEREIGNTY AND JURIS. TELECONFERENCED
Moved CSHCR 1(CRA) Out of Committee
-- Public Testimony --
+= HJR 3 CONGRESS:NATIVE TRIBAL JURIS. & AUTHORITY TELECONFERENCED
Moved CSHJR 3(CRA) Out of Committee
-- Public Testimony --
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         April 2, 2015                                                                                          
                           2:33 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Gabrielle LeDoux, Chair                                                                                          
Representative Neal Foster                                                                                                      
Representative Bob Lynn                                                                                                         
Representative Matt Claman                                                                                                      
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Wes Keller, Vice Chair                                                                                           
Representative Charisse Millett                                                                                                 
Representative Kurt Olson (alternate)                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
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.                                                                         
                                                                                                                                
     - MOVED  CSHJR 3(CRA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
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.                                                                                                                  
                                                                                                                                
     - MOVED  CSHCR 1(CRA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
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 03/25/15 (H) Heard & Held 03/25/15 (H) MINUTE(JUD) 04/02/15 (H) JUD AT 1:00 PM CAPITOL 120 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 03/25/15 (H) Heard & Held 03/25/15 (H) MINUTE(JUD) 04/02/15 (H) JUD AT 1:00 PM CAPITOL 120 WITNESS REGISTER TIMOTHY CLARK, Staff Representative Bryce Edgmon Alaska State Legislature Juneau, Alaska POSITION STATEMENT: During the hearing of CSHJR 3, answered questions. TIMOTHY CLARK, Staff Representative Bryce Edgmon Alaska State Legislature Juneau, Alaska POSITION STATEMENT: During the hearing of CSHCR 1, answered questions. ACTION NARRATIVE 2:33:28 PM CHAIR GABRIELLE LEDOUX called the House Judiciary Standing Committee meeting back to order at 2:33 p.m. Representatives Foster, Lynn, Claman, Gruenberg, and LeDoux were present at the call to order. HJR 3-CONGRESS:NATIVE TRIBAL JURIS. & AUTHORITY 2:34:15 PM CHAIR LEDOUX announced that the first 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. [Before the committee was CS for HJR 3(CRA)] 2:34:35 PM TIMOTHY CLARK, Staff, Representative Bryce Edgmon, Alaska State Legislature, [said he was available for questions]. 2:35:45 PM REPRESENTATIVE GRUENBERG expressed his understanding that the purpose of the [Congressional] bill was to extend the Alaska Safe Families and Villages Act of 2013 to throughout the state and not just to Metlakatla. 2:36:35 PM MR. CLARK responded that the original legislation was directed at Alaska Native villages beyond Metlakatla, and the version the [113th Congress, 2d Session, Senate Report 113-260] deals with was simply noting changes made by the sponsor as the bill was being considered in the 113th Congress. 2:37:14 PM CHAIR LEDOUX advised Representative Gruenberg that it appears the Alaska Safe Families and Villages Act of 2014 did not pass Congress. The purpose of CSHJR 3(CRA) is to urge Congress to take up the bill up again, and in particular the Alaska delegation, and support the substantially similar bill to be introduced in this Congress, she explained. MR. CLARK agreed with Chair LeDoux assessment. 2:37:47 PM REPRESENTATIVE GRUENBERG said his focus is on U.S. Senate Bill 1474, as its intent is to take the previous Act, which would only have applied to Metlakatla, and make it apply to Indian tribes throughout the State of Alaska. MR. CLARK answered that his understanding of the original Senator Mark Begich legislation was dealing with provisions such as these wherein there were incremental increases of local tribal jurisdiction in Alaska tribal villages outside of Metlakatla. He explained that due to Metlakatla being Indian Country, the authorities are already much greater than the authorities enjoyed by Alaska Native tribes where Indian Country does not exist. 2:39:17 PM REPRESENTATIVE GRUENBERG surmised it is to extend previous federal law throughout Alaska to other tribes that met the qualifications. MR. CLARK answered that Indian Law can be very complicated, however, in parts of the country where Indian Country itself does not exist, Congress nevertheless has the authority through legislation to grant certain authorities that normally would be possible only under Indian Law in the form of an Act. The U.S. Senate Bill 1474 was an attempt to modestly increase the authority of Alaska Native villages over certain crimes within the boundaries of their villages. REPRESENTATIVE GRUENBERG opined that he had requested the [federal] committee report as the reports often provide the core source for determining the legislative history of the bill. He said the minority tends to focus on points of controversy and in reviewing the report, there were no minority views. Currently, Senator Lisa Murkowski is a co-sponsor and Senator Dan Sullivan's position is unknown. 2:42:29 PM REPRESENTATIVE LYNN referred to a bill from the past regarding casinos and opined that Metlakatla is the only place in the State of Alaska that could have a casino. He questioned whether HJR 3 and the attendant bill in Congress were to pass, would that open up every Indian village to have a casino. MR. CLARK responded "No," that would not be the case as the federal legislation is proscribed in what it describes and focuses simply on expanded criminal jurisdiction within village boundaries. 2:43:42 PM REPRESENTATIVE GRUENBERG pointed to the U.S. Senate Bill 1474 in each committee member's packet. He offered that the new section is in italics and he does not believe it has to do with gaming. CHAIR LEDOUX advised that public testimony was closed during the last committee meeting. 2:45:03 PM REPRESENTATIVE GRUENBERG referred to {U.S. Senate Bill 1474, Sec. 2, Findings and Purpose] page 17, lines 10-17, which read: (b) PURPOSES - The purposes of this Act are - (1) to improve the delivery of justice in Alaska Native villages by - (A) encouraging the State and Indian tribes to enter into intergovernmental agreements relating to the enforcement and adjudication of State laws relating to drug and alcohol offenses; and (B) supporting Indian tribes in the State in the enforcement and adjudication of tribal laws relating to child abuse and neglect, domestic violence, and drug and alcohol offenses; and (2) to enhance coordination and communication among Federal, State, tribal, and local law enforcement agencies. REPRESENTATIVE GRUENBERG commented that it was far away from gaming issues. 2:45:49 PM REPRESENTATIVE FOSTER moved to report CSHJR 3, version 29- LS0354\H, out of committee with individual recommendations and the accompanying fiscal note. There being no objection, CSHJR 3(CRA) was moved from the House Judiciary Standing Committee. 2:46:24 PM The committee took an at-ease from 2:46 to 2:49 p.m. HCR 1-GOVERNOR:TRIBAL SOVEREIGNTY AND JURIS. 2:49:30 PM CHAIR LEDOUX announced that the final 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. [Before the committee was CSHCR 1(CRA).] 2:49:36 PM TIMOTHY CLARK, Staff, Representative Bryce Edgmon, Alaska State Legislature, said this resolution is addressed to Governor Bill Walker and requests that he establish a more collaborative relationship in terms of the state's dealings with tribes. He offered that it encourages Governor Walker to negotiate intergovernmental agreements, increase tribal authority and responsibility, enforce laws and deliver justice in their communities, and directs the Alaska Attorney General to conduct a review of the state's litigation against tribes. REPRESENTATIVE GRUENBERG surmised that page 3, lines 8-17, urges Governor Walker to establish the policies, negotiate agreements, and directs the attorney general to conduct a complete review of the state's litigation. He suggested a report also being submitted to the legislature of which would be a conceptual amendment. He asked whether the sponsor would be in agreement so the legislature knows what has been accomplished, and that the report is available at the beginning of each year. 2:51:49 PM CHAIR LEDOUX advised that amendments are submitted 24 hours in advance. REPRESENTATIVE GRUENBERG asked if Chair LeDoux would be willing to allow the discussion to continue. CHAIR LEDOUX said "Not on the amendment." REPRESENTATIVE GRUENBERG confirmed that Chair LeDoux is not taking any amendments. CHAIR LEDOUX responded "I'm not taking any amendments," and it can be discussed on the floor of the House of Representatives. 2:52:23 PM MR. CLARK said he is not at liberty to answer for Representative Edgmon as to whether he would be amenable to the conceptual amendment, but that Representative Edgmon would be willing to discuss the amendment. 2:52:49 PM CHAIR LEDOUX noted that public testimony was closed during the last meeting. 2:53:37 PM REPRESENTATIVE CLAMAN moved to report CSHCR 1, version 29- LS0353\E out of committee with individual recommendations and the accompanying fiscal notes. There being no objections, CSHCR 1(CRA) moved from the House Judiciary Standing Committee. 2:53:56 PM ADJOURNMENT There being no further business before the committee, the House Judiciary Standing Committee meeting was adjourned at 2:53 p.m.

Document Name Date/Time Subjects
HCR1 Additional Documentation - memo from AG.docx HJUD 4/2/2015 1:00:00 PM
HJR 3
HJR 3 Additional Documentation--Senate Report 113 on Alaska Safe Families and Villages Act.pdf HJUD 4/2/2015 1:00:00 PM
HCR 1