Legislature(2001 - 2002)

02/12/2002 08:12 AM Senate CRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                        ALASKA LEGISLATURE                                                                                    
                           JOINT MEETING                                                                                      
     SENATE AND HOUSE COMMUNITY & REGIONAL AFFAIRS COMMITTEES                                                                 
                         February 12, 2002                                                                                      
                             8:12 a.m.                                                                                          
                                                                                                                                
SENATE MEMBERS PRESENT                                                                                                        
                                                                                                                                
Senator John Torgerson, Chair                                                                                                   
Senator Alan Austerman                                                                                                          
Senator Randy Phillips                                                                                                          
Senator Pete Kelly                                                                                                              
                                                                                                                                
SENATE MEMBERS ABSENT                                                                                                         
                                                                                                                                
Senator Georgianna Lincoln                                                                                                      
                                                                                                                                
HOUSE MEMBERS PRESENT                                                                                                         
                                                                                                                                
Representative Kevin Meyer, Co-Chair                                                                                            
Representative Carl Morgan, Co-Chair                                                                                            
Representative Andrew Halcro                                                                                                    
Representative Drew Scalzi                                                                                                      
Representative Lisa Murkowski                                                                                                   
Representative Gretchen Guess                                                                                                   
Representative Beth Kerttula                                                                                                    
                                                                                                                                
HOUSE MEMBERS ABSENT                                                                                                          
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
Homer Annexation                                                                                                                
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Ms. Mary Jackson                                                                                                                
Staff to Senator Torgerson                                                                                                      
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Explained the provisions of the proposed                                                                 
resolution                                                                                                                      
                                                                                                                                
Mr. Kevin Waring                                                                                                                
Local Boundary Commission                                                                                                       
Department of Community and Economic Development                                                                                
       th                                                                                                                       
550 W 7 Ave., Ste. 1770                                                                                                         
Anchorage, AK  99501-3510                                                                                                       
POSITION STATEMENT:  Answered questions about the annexation                                                                  
process                                                                                                                         
                                                                                                                                
Mr. Dan Bockhorst                                                                                                               
Local Boundary Commission                                                                                                       
Department of Community and Economic Development                                                                                
       th                                                                                                                       
550 W 7 Ave., Ste. 1770                                                                                                         
Anchorage, AK  99501-3510                                                                                                       
POSITION STATEMENT:  Answered questions about the annexation                                                                  
process                                                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
TAPE 02-3, SIDE A [Senate CRA tape]                                                                                           
                                                                                                                                
CO-CHAIRMAN  JOHN TORGERSON called  the joint meeting of  the Senate                                                          
and House Community  & Regional Affairs Committees  to order at 8:12                                                            
a.m. Present were Senators  Kelly, Austerman, Phillips and Torgerson                                                            
and Representatives   Halcro, Scalzi,  Murkowski,  Kerttula and  Co-                                                            
Chairmen  Meyer and Morgan.   Co-Chairman  Torgerson announced  that                                                            
the purpose of the meeting  is to decide what recommendation to make                                                            
to the  rest of  the Legislature  about  the Homer  annexation.   He                                                            
informed members that inaction  on the part of the Legislature means                                                            
approval  of the  annexation.    The Legislature  cannot  amend  the                                                            
proposed  annexation;   it  is  an   either/or  situation.   If  the                                                            
Legislature  disapproves the annexation,  it must do so by  March 7.                                                            
                                                                                                                                
CO-CHAIRMAN  TORGERSON  informed committee  members  that  committee                                                            
staff has drafted a proposed  resolution denying the recommendation.                                                            
At the  request of  many committee  members, staff  also prepared  a                                                            
packet of information  on the pros and cons of annexation.  He noted                                                            
Commissioner Waring  of the Local Boundary Commission  (LBC) and Dan                                                            
Bockhorst of  the Department of Community  and Economic Development                                                             
(DCED) were  available via teleconference  to answer questions.   He                                                            
informed members  if the joint committee chooses to  go forward with                                                            
the  proposed  resolution,  it  would  be  introduced  on  Wednesday                                                            
[February 13]  in both houses.  It is his intention,  if introduced,                                                            
to  waive  it  from  the  Senate  Community  and  Regional   Affairs                                                            
Committee to the Senate Rules Committee.                                                                                        
                                                                                                                                
CO-CHAIRMAN  MEYER  moved  to adopt  the  proposed  resolution  [22-                                                            
LS1497\A,  Cook,  2/11/02]  for the  purpose  of discussion.    [The                                                            
proposed  resolution  would eventually  become  SJR 34.   The  House                                                            
companion resolution is HJR 39.]                                                                                                
                                                                                                                                
CO-CHAIRMAN  TORGERSON   announced  that  with  no  objection,   the                                                            
committee  would work  off of  the proposed  resolution.   He  asked                                                            
staff to explain the resolution.                                                                                                
                                                                                                                                
MS.  MARY  JACKSON,  staff  to  Senator  Torgerson  and  the  Senate                                                            
Community  and  Regional  Affairs  Committee,   explained  that  the                                                            
proposed  resolution  is  a compilation  of  responses  to  concerns                                                            
expressed at the  last two hearings.  One provision  in the proposed                                                            
resolution addresses a  concern that all LBC standards were not met,                                                            
but the  LBC has since  submitted information  to substantiate  that                                                            
the  standards  were  met. She  pointed  out  that  during  previous                                                            
hearings,  concern was also  expressed about  the inadequacy  of the                                                            
City of Homer's transition  plan. She advised removing the "Whereas"                                                            
clause  in the proposed  resolution  that addresses  the  transition                                                            
plan because the LBC believes it was adequate.                                                                                  
                                                                                                                                
MS. JACKSON  gave the following  description  of the clauses  in the                                                            
resolution.                                                                                                                     
                                                                                                                                
The  first  three  "Whereas"  clauses  address  the  background  and                                                            
"legalese."  They explain  why the proposed resolution is before the                                                            
Legislature and the 45-day timeframe for action.                                                                                
                                                                                                                                
The fourth "Whereas"  clause on page 1, line 12, states  legislative                                                            
recognition that the LBC is a disinterested third party.                                                                        
                                                                                                                                
The fifth  "Whereas"  clause on  page 1,  line 15,  states that  the                                                            
Legislature recognizes  the need for the legislative review process,                                                            
but believes this tool should be used as the final process.                                                                     
                                                                                                                                
MS. JACKSON  stated the Legislature  does not have any statutory  or                                                            
regulatory  authority  to tell  the  LBC what  to do:  the  proposed                                                            
resolution is suggestive.                                                                                                       
                                                                                                                                
The sixth  "Whereas" clause  on page  2, line  3, contains a  direct                                                            
reference to HB 13.                                                                                                             
                                                                                                                                
The next "Whereas" clause  on page 2, line 6, refers to the question                                                            
of whether  or  not the LBC  has the  authority  to truncate  terms.                                                            
When that question  was asked during the committee  process, the LBC                                                            
Chair indicated he did not know.                                                                                                
                                                                                                                                
The eighth "Whereas" clause  on page 2, line 9, is self-explanatory.                                                            
                                                                                                                                
The "Whereas"  clause on page 2, line  13, addresses the  inadequacy                                                            
of the  transition plan,  however  this is the  clause she  suggests                                                            
removing because  the LBC has indicated  that the city's  transition                                                            
plan was adequate.                                                                                                              
                                                                                                                                
The "Whereas"  clause on page 2, line 18, addresses  an issue raised                                                            
by  the public  about  its inability  to  vote, that  was  discussed                                                            
briefly.  An informal poll  was taken in the Homer area and given to                                                            
the city council, which  made a decision to not go out for a vote of                                                            
the citizens.                                                                                                                   
                                                                                                                                
The final "Resolve"  clause states that the Homer  annexation is not                                                            
approved by the Legislature.                                                                                                    
                                                                                                                                
MS. JACKSON  repeated that this process  is straightforward  in that                                                            
inaction on  the part of the Legislature  implies approval  so it is                                                            
unnecessary to have a resolution of support.                                                                                    
                                                                                                                                
8:22 a.m.                                                                                                                       
                                                                                                                                
SENATOR  PHILLIPS said  he has  three questions  that  refer to  the                                                            
clauses  on page  2, lines  3-5,  9-11, and  18-21.   Regarding  the                                                            
clause on  lines 3-5, he  asked if a legal  opinion has been  issued                                                            
about whether HB 13 affects  the creation of a service area within a                                                            
borough or a city.                                                                                                              
                                                                                                                                
CO-CHAIRMAN  TORGERSON said the committee  has a legal opinion  that                                                            
says it  does not apply to  this annexation  and that the LBC  has a                                                            
higher responsibility  so  the Legislature  cannot change the  LBC's                                                            
authority  by  statute.     He  noted  this  issue   has  raised  an                                                            
expectation and that folks  who oppose this have their own attorneys                                                            
who say that it can and  should apply. However, the general public's                                                            
expectation  is still that some other  form of government  would not                                                            
demolish  service  area concepts.    The LBC  chose  to ignore  that                                                            
completely.  It had a lot  of options before  it about how  it could                                                            
have applied.  The LBC clearly has the right to put  stipulations on                                                            
annexations  but chose  not to.  He  said that is  one of the  major                                                            
reasons  he opposes  this annexation  - that and  the truncation  of                                                            
terms.  He likened it to  Anchorage trying to annex the Mat-Su area,                                                            
if the same  population numbers and  other factors were applied.  He                                                            
pointed  out, regarding  Senator  Phillips'  question, it  is not  a                                                            
service area within a unified municipality.                                                                                     
                                                                                                                                
SENATOR PHILLIPS responded:                                                                                                     
                                                                                                                                
     Of course  you have  a different borough  on the Kenai  so                                                                 
     you've got locally organized  cities within a borough, and                                                                 
     I'm not familiar  with that process day-to-day.   What I'm                                                                 
     indicating  here is my perspective  that - are you saying                                                                  
     that  the  service  area concept  within  the  borough  is                                                                 
     inclusive in this piece of legislation here?                                                                               
                                                                                                                                
CO-CHAIRMAN  TORGERSON said  the Kenai Borough  and Municipality  of                                                            
Anchorage were founded under the same laws.                                                                                     
                                                                                                                                
SENATOR PHILLIPS said Eagle  River has a service area concept, which                                                            
is why he became  involved in HB 13.  He asked, "...  and the HB 13,                                                            
does it apply to the borough  side of it - the service area concept,                                                            
versus the city?  That's  what I'm trying to get - to clarify that."                                                            
                                                                                                                                
SENATOR AUSTERMAN  said that "Whereas"  clause speaks to  the intent                                                            
of HB 13 that  it would apply on a  broad basis concept of  not just                                                            
service areas. He thought  the Legislature intended the vote concept                                                            
to apply to more than just service districts.                                                                                   
                                                                                                                                
REPRESENTATIVE HALCRO commented  that he has never seen a resolution                                                            
designed in this way. The  clause on page 1, lines 12-14, recognizes                                                            
the constitutional  authority  of the  LBC but  the resolution  then                                                            
proceeds to say that what  the LBC did was wrong.  Then, language on                                                            
page 2, lines  13-17, says the transition  plan was adequate.   And,                                                            
regarding Senator Phillips'  question about HB 13, the committee has                                                            
two  legal opinions  that  clearly say  that  HB 13  cannot make  an                                                            
incursion into  the LBC's constitutional  authority.  He  said he is                                                            
not sure that he understands what the problem is.                                                                               
                                                                                                                                
8:28 a.m.                                                                                                                       
                                                                                                                                
SENATOR PHILLIPS  noted that Ms. Jackson stated the  resolution says                                                            
the Legislature  is concerned  about the  process of annexation  and                                                            
asked what was wrong with the process.                                                                                          
                                                                                                                                
MS. JACKSON replied:                                                                                                            
                                                                                                                                
     And  if I  might,  I think  I can  address  your previous                                                                  
     concern  about HB  13.  What  you had before  you was  the                                                                 
     section that  references unified municipalities.   On page                                                                 
     2 of  that bill was  a brand new section  that applied  to                                                                 
     boroughs  and that's  where the  authority,  if you  will,                                                                 
     applied.   And  then  Senator   Austerman  addressed   the                                                                 
     question  of  the intent  and  that was  it. This  is  not                                                                 
     addressing  the legality of the  issue. Without question,                                                                  
     you have  two legal comments  or opinions before you  that                                                                 
     say the legality  is not there. And then, specifically  to                                                                 
     the constitutionality  of the  Local Boundary Commission,                                                                  
     there  is still a trump - and  that is by this body.  This                                                                 
     body has the ability to  disapprove and that is too in the                                                                 
     Constitution.   And  you  don't   need  to  even  address                                                                  
     'whereases.'  As a practical  matter,  the ones that  I've                                                                 
     researched that have been  most recent do not have reasons                                                                 
     for  disapproval.  The decision  was  to lay  this on  the                                                                 
     table and have you debate  it in full and, you may find if                                                                 
     you  disapprove,   you  don't  want  to  put  any  of  the                                                                 
     'whereases' but you had debated all of the issues.                                                                         
                                                                                                                                
SENATOR  PHILLIPS  said that  is what  concerns  him  because he  is                                                            
worried  about  setting  a  precedent.   He repeated   the  proposed                                                            
resolution expresses concern  about the process but does not specify                                                            
what part of the process was flawed.                                                                                            
                                                                                                                                
MS. JACKSON  stated  there was nothing  wrong with  the process  and                                                            
that "process" may be the  wrong term.  As an example, she explained                                                            
that   a  public   policy   issue  was   identified   that  may   be                                                            
inappropriate;  that being  whether  it was appropriate  to have  an                                                            
inclusion of 2,300 people that was ratcheted down to 890.                                                                       
                                                                                                                                
SENATOR PHILLIPS  referred to the "Whereas" clause  on page 2, lines                                                            
18-21, and asked Ms. Jackson to elaborate.                                                                                      
                                                                                                                                
MS. JACKSON explained that  the public comment had been received but                                                            
the residents of the City  of Homer did not have the ability to make                                                            
a determination  on whether or not  they wanted the municipality  to                                                            
annex. The process does  not require a vote of the municipality, nor                                                            
does it require  a vote of the area to be annexed,  so that would be                                                            
a process issue.  The LBC develops the regulations  for the process.                                                            
                                                                                                                                
Regarding the areawide  issue (page 2, lines 9-12), Ms. Jackson said                                                            
Senator Torgerson and Representative  Scalzi indicated their concern                                                            
about it over  a year ago.  They both  introduced joint resolutions                                                             
to amend  the Constitution  to require that  the LBC not go  forward                                                            
with an  annexation  that exceeds  10 percent.  That percentage  was                                                            
chosen merely  to start a dialog about the appropriateness  of, what                                                            
has been seen by some as, a land grab.                                                                                          
                                                                                                                                
REPRESENTATIVE  GUESS stated,  regarding  page 2,  lines 3-17,  as a                                                            
member of the committee  that heard HB 13 last year, she agrees with                                                            
the two legal opinions.   She said that issue was never discussed on                                                            
the  House side  and  she does  not  believe  that was  the  intent.                                                            
Regarding the  truncation of terms, she said it should  be clarified                                                            
by the LBC but  added that people testified that the  election is in                                                            
October and  that people from the  area that is annexed can  run for                                                            
those  offices.   She  said she  is  unsure why  that  is an  issue.                                                            
Regarding  the "Whereas"  clause on  page 2, lines  9-12, she  reads                                                            
that to mean the  process worked.  The City of Homer  tried to annex                                                            
25  square miles  but  was  stopped by  the  LBC. She  believes  the                                                            
"Whereas" clause  on lines 18-21 is  the core of the resolution  and                                                            
that the legitimacy of the previous three clauses is mixed.                                                                     
                                                                                                                              
MS. JACKSON noted the issue  of the application HB 13 is one for the                                                            
body to determine. The  issue of the truncation of terms is twofold.                                                            
The LBC said it  didn't know for certain that it has  the ability to                                                            
truncate  terms so that is  a question for  the Legislature.  If the                                                            
Legislature  passes  this resolution,  it will  act as  a letter  of                                                            
intent and  asks the LBC  to research whether  it has that  ability.                                                            
The second part has to  do with residency requirements.  The City of                                                            
Homer  is putting  forward  an  ordinance  at  its next  meeting  to                                                            
clarify that  matter.  She  sees that action  as meaning that  if an                                                            
ordinance  is  necessary  now,  it  was  not clarified  originally.                                                             
Regarding whether  the process worked  because the number  of people                                                            
was reduced from 2,300  to 890, she said one could look at is as not                                                            
working because  it should not have been that big  to begin with and                                                            
the  regulations  should  have been  specific.    That goes  to  the                                                            
legislation  introduced  by  Senator  Torgerson  and Representative                                                             
Scalzi to amend  the Constitution.  That issue was  raised while the                                                            
LBC was developing its regulations but it was not considered.                                                                   
                                                                                                                                
REPRESENTATIVE  SCALZI  informed  members  that the  resolution  was                                                            
proposed for discussion  purposes.  He noted that he researched what                                                            
has been done before and  was disappointed to find no direction from                                                            
other annexation  denials.  He believes the Legislature  should give                                                            
direction to the  LBC for future annexations regarding  the problems                                                            
that occurred during this  one.  He said he disagrees with the HB 13                                                            
argument on this particular issue and stated:                                                                                   
                                                                                                                                
     If you are  going to have a service area, which  we have a                                                                 
     road  service  area  that's   - although   non  area  wide                                                                 
     encompasses  the  whole  borough, effectively  if  we  are                                                                 
     going  to allow a vote to change  the boundaries on  that,                                                                 
     the  whole borough would  have to vote  on whether or  not                                                                 
     the  City  of  Homer could  annex  and  that  wouldn't  be                                                                 
     appropriate  because  you'd  need a  non area  wide  vote,                                                                 
     you'd  need the  whole  borough to  vote to  change  those                                                                 
     boundaries.  Well that would preclude any annexation  from                                                                 
     going  forward - or  certainly may.   So I think that  the                                                                 
     Boundary Commission's argument  and the Attorney General's                                                                 
     argument are valid in this  case that the LBC's annexation                                                                 
     procedures  would  trump  what  we  do through  statutory                                                                  
     regulation.                                                                                                                
                                                                                                                                
He then asked  Mr. Bockhorst about  the non-involvement of  Kachemak                                                            
City.  He  noted Kachemak  City is a second-class  city next  to the                                                            
Homer area  and is surrounded by this  annexation.  The report  said                                                            
that the Homer  annexation would not  have gone through if  Kachemak                                                            
City had been  a part of it.  The LBC and DCED staff  expressed some                                                            
concern  about  that because  the  LBC is  mandated  to incorporate                                                             
second-class cities  as they are with the same language  with regard                                                            
to service  areas.  He stated, "...  and say, well if you  can do it                                                            
better with  a unified city  then you don't  need the service  area,                                                            
also second class cities.                                                                                                       
                                                                                                                                
MR. BOCKHORST said the  City of Kachemak and City of Homer were both                                                            
incorporated  by the Superior  Court of Alaska.  The department,  in                                                            
its  analysis  of  the  Homer  annexation,  acknowledged   that  the                                                            
Superior Court  did not pay enough  attention to the constitutional                                                             
provisions  encouraging minimum numbers  of local government  units.                                                            
However, with regard to  the proceeding before the LBC, the issue of                                                            
the City of Kachemak  and its status was never put  on the table.  A                                                            
petition filed  by the City of Homer  for annexation of 25.6  square                                                            
miles  was on  the table.  To  deal with  that question  would  have                                                            
required  the LBC to take  extraordinary  due process steps  because                                                            
the issue was  not on the table. He  felt that from a public  policy                                                            
standpoint, it would also  represent a heavy hand on the part of the                                                            
State  of Alaska,  if the  LBC or  DCED initiated  it  at the  local                                                            
level. DCED,  in its analysis, acknowledged  that there ought  to be                                                            
consideration  of the future relationship between  the City of Homer                                                            
and the  City of Kachemak  that would involve  discussions  of local                                                            
officials,  citizens in the local  area and the broader area  of the                                                            
Kenai Peninsula.                                                                                                                
                                                                                                                                
8:40 a.m.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  SCALZI  said  a  forced  annexation  or legislative                                                             
review implies a heavy  hand anyway.  He felt the LBC should have at                                                            
least made a recommendation  for the sake of consistency but did not                                                            
tackle it because of the difficulty of the issue.                                                                               
                                                                                                                                
REPRESENTATIVE  HALCRO commented  to his  understanding, law  guides                                                            
the LBC process  and 14 standards must be met before  it can propose                                                            
an annexation.                                                                                                                  
                                                                                                                                
MS. JACKSON  clarified  that the  LBC has adopted  regulations  that                                                            
identify standards  but that the Constitution  grants authority  for                                                            
legislative review, not statutes.                                                                                               
                                                                                                                                
REPRESENTATIVE  HALCRO asked if the  LBC must meet those  standards.                                                            
                                                                                                                                
MS. JACKSON said  it must, but they are the ones that  establish the                                                            
standards  and  they are  also  the  ones that  determine  if  those                                                            
standards have been met.  The only oversight is this body.                                                                      
                                                                                                                                
REPRESENTATIVE  HALCRO  said he  believes Representative  Guess  was                                                            
right on track.  He stated  the "Whereas" clause on page 2, lines 3-                                                            
5, pertains  to HB 13.   The committee has  two legal opinions  that                                                            
say  that  HB 13  cannot  conflict  with  the  LBC's constitutional                                                             
authority.    The  "Whereas"  clause  on  lines  6-8  pertaining  to                                                            
truncated  terms  shouldn't be  an  issue.   During  testimony at  a                                                            
previous  hearing,  five city  council men  said  they would  resign                                                            
their  terms  and  volunteer  to  run  for  re-election.   The  next                                                            
"Whereas" clause  shows the LBC process  worked.  The City  of Homer                                                            
was over-reaching  for  25 square  miles;  the LBC reduced  it  to a                                                            
little less than 5 square  miles.  The "Whereas" clause on lines 13-                                                            
17 says that if  a transition plan was adopted for  25 square miles,                                                            
4.8 square  miles should be sufficient.   He added that the  City of                                                            
Homer had several  budget meetings last fall to plan  how to provide                                                            
service during  the transition. He stated the last  "Whereas" clause                                                            
defies  what the LBC  process is.   He noted  many legislators  went                                                            
through the Anchorage  Hillside police issue five  or six years ago.                                                            
The LBC was created  because local communities, when  they encounter                                                            
growth, are incapable of  making that kind of decision.  He noted if                                                            
the Legislature votes to  overturn the annexation, the City of Homer                                                            
will have  to go through  the process for  another two years  and it                                                            
will not get  better.  He maintained  that all of the points  in the                                                            
resolution are clearly trumped by the facts.                                                                                    
                                                                                                                                
8:45 a.m.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  MURKOWSKI questioned what directive  the Legislature                                                            
is trying to send in the  resolution.  She expressed concern that if                                                            
it is  to act  as a  letter of  intent, it  seems empty  to say  the                                                            
Legislature  is concerned  about the  process, even  though the  LBC                                                            
acted within the  confines of its authority, and offer  no guidance.                                                            
She maintained  that  the resolution  says the  Homer annexation  is                                                            
problematic enough to stop but the resolution has no muscle.                                                                    
                                                                                                                                
SENATOR  PHILLIPS stated  that disapprovals  of  annexations in  the                                                            
past  have been  short and  to the  point  and gave  no reasons  for                                                            
disapproval.   He suggested removing  the reasons from the  proposed                                                            
resolution and  letting legislators explain why they  are voting for                                                            
or against  it during the  floor debate.   He repeated that  the LBC                                                            
works under a constitutionally mandated process.                                                                                
                                                                                                                                
CO-CHAIRMAN  TORGERSON   said  he  agrees  with  Senator   Phillips'                                                            
suggestion  but explained that other  members wanted to include  the                                                            
reasons to couch the debate.                                                                                                    
                                                                                                                                
8:50 a.m.                                                                                                                       
                                                                                                                                
SENATOR PHILLIPS moved  to amend the proposed resolution by deleting                                                            
lines 3-21 on page 2 [Amendment 1].                                                                                             
                                                                                                                                
REPRESENTATIVE  HALCRO questioned  how to justify the conclusion  on                                                            
page 2,  lines 22-24,  if the entire  content  of the resolution  is                                                            
deleted.                                                                                                                        
                                                                                                                                
CO-CHAIRMAN  TORGERSON  stated the  Legislature is  not required  to                                                            
explain  the reasons  and,  according to  Tam Cook,  legal  counsel,                                                            
legislatures have gone both ways in similar situations.                                                                         
                                                                                                                                
SENATOR  PHILLIPS  repeated  that each  member  could  state on  the                                                            
floor,  for the  record,  the reasons  why they  are  voting for  or                                                            
against it.  He stated a  letter of intent  could also be sent.   He                                                            
does not want  to tell the LBC how  to do its job when it  is guided                                                            
by a constitutional mandate.                                                                                                    
                                                                                                                                
SENATOR PHILLIPS  repeated his motion  to delete lines 3-21  on page                                                            
2.                                                                                                                              
                                                                                                                                
CO-CHAIRMAN TORGERSON announced  that with no objection, Amendment 1                                                            
was adopted. He then informed  members a motion would be in order to                                                            
have a House  and Senate joint resolution  introduced in  each body.                                                            
                                                                                                                                
SENATOR  PHILLIPS  moved that  the Community  and  Regional  Affairs                                                            
Committees  introduce  the  proposed  resolution  in the  House  and                                                            
Senate.   [The resolutions,  SJR 34  and HJR  39, were subsequently                                                             
introduced.]                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SCALZI  stated appreciation  for  Senator  Phillips'                                                            
comment that members  should look to local legislators  of the areas                                                            
in matters  like  this as  they have  local knowledge  and know  the                                                            
history.   He commented that  he hopes to  debate this issue  in the                                                            
House CRA Committee.                                                                                                            
                                                                                                                                
CO-CHAIRMAN  MEYER stated support  for the motion as time  is of the                                                            
essence in this matter because action must be taken by March 7.                                                                 
                                                                                                                                
CO-CHAIRMAN  TORGERSON  announced  that  support  of the  motion  to                                                            
introduce the  proposed resolution  in both houses does not  reflect                                                            
members' support or opposition of the Homer annexation.                                                                         
                                                                                                                                
REPRESENTATIVE  MURKOWSKI  stated  that  Senator Torgerson  said  he                                                            
would  ask  that  the resolution   be waived  from  the  Senate  CRA                                                            
Committee and  noted she would like the House CRA  Committee to hear                                                            
the  measure so  that  members have  the  opportunity  to get  their                                                            
positions on the record.                                                                                                        
                                                                                                                                
CO-CHAIRMAN TORGERSON  commented that he would talk  to the Co-Chair                                                            
and decide  what to do.  He then announced,  with no objection,  the                                                            
motion to introduce  the proposed  resolution in each body  carried.                                                            
[The proposed resolution  would eventually become SJR 34.  The House                                                            
companion resolution is HJR 39.]                                                                                                
                                                                                                                                
TAPE 02-3, SIDE B                                                                                                             
                                                                                                                                
With no further business to come before the committee, he adjourned                                                             
the joint meeting of the Senate and House Community and Regional                                                                
Affairs Committees at 9:00 a.m.                                                                                                 

Document Name Date/Time Subjects