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