Legislature(2005 - 2006)
03/21/2005 02:42 PM Senate CRA
| Audio | Topic |
|---|---|
| Start | |
| SB128 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
SENATE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
March 21, 2005
2:42 p.m.
MEMBERS PRESENT
Senator Gary Stevens, Chair
Senator Bert Stedman
Senator Thomas Wagoner
Senator Albert Kookesh
MEMBERS ABSENT
Senator Johnny Ellis
COMMITTEE CALENDAR
SENATE BILL NO. 128
"An Act relating to consideration by the Local Boundary
Commission of a requested borough incorporation."
MOVED SB 128 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 128
SHORT TITLE: BOROUGH INCORPORATION
SPONSOR(s): SENATOR(s) THERRIAULT
03/03/05 (S) READ THE FIRST TIME - REFERRALS
03/03/05 (S) CRA, JUD
03/21/05 (S) CRA AT 1:30 PM BELTZ 211
WITNESS REGISTER
Senator Gene Therriault
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of SB 128
Dave Stancliff
Staff to Senator Therriault
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Explained reasoning behind SB 128
Dr. Michael Dickens
P.O. Box 497
Skagway, AK 99840
POSITION STATEMENT: Testified in support of SB 128
Sally Saddler, Legislative Liaison
Department of Community & Economic Development
PO Box 110800
Juneau, AK 99811-0800
POSITION STATEMENT: Testified that the department supports the
concept of SB 128, but has taken no position on the bill itself
ACTION NARRATIVE
CHAIR GARY STEVENS called the Senate Community and Regional
Affairs Standing Committee meeting to order at 2:42:38 PM
Present were Senators Stedman, Wagoner, Kookesh and Chair Gary
Stevens.
SB 128-BOROUGH INCORPORATION
CHAIR GARY STEVENS announced SB 128 to be up for consideration.
Due to teleconference and associated technical difficulties,
there is no recording of the meeting.
2:42:56 PM
SENATOR GENE THERRIAULT, sponsor, explained that SB 128 is an
effort to increase local public participation with regard to
creating new boroughs and to clarify that the Local Boundary
Commission (LBC) has the authority to consider local government
boundary changes but it doesn't have the authority to create an
entirely new government.
The City of Whittier passed a resolution asking the LBC to have
the state act as the petitioner to incorporate the Prince
William Sound Borough through the legislative review process.
Thereafter the LBC directed the Department of Community,
Commerce and Economic Development (DCCED) to originate a borough
petition. To no avail Valdez residents have expressed
overwhelming objection to the proposed boundaries that would
completely surround the community of Valdez. With good reason,
the residents of Valdez feel completely disenfranchised.
Senator Therriault said he introduced the bill because he views
the recent LBC action as a misuse of power with possible
constitutional conflict. The Alaska Constitution clearly states
that, "All government is to originate with the people and is
founded upon their will only." Borough formation should be a
citizen driven process rather than an LBC driven process. A
government by the people means that change begins at the local
level and works up rather than the other way around.
2:46:57 PM
CHAIR GARY STEVENS asked whether Valdez residents would be able
to vote on the Whittier proposal.
DAVE STANCLIFF, staff to Senator Therriault, explained that just
a small percentage of the people in the area would have the
opportunity to vote on the proposal. Furthermore he pointed out
that although Title 29 procedures are typically followed when a
new borough is formed this is a first attempt to use the
legislative review process, authorized in Title 44, to influence
borough formation.
2:49:28 PM
SENATOR THOMAS WAGONER said he understood resolutions came from
Whittier and Cordova.
MR. STANCLIFF replied they were council resolutions.
CHAIR GARY STEVENS asked Dr. Dickens to come forward.
DR. MICHAEL DICKENS, superintendent, Skagway School District,
testified that the city is on record for wanting to become a
borough. This is another opportunity for local autonomy and we
thank you Senator Therriault, he said.
SENATOR ALBERT KOOKESH noted that it is interesting that Skagway
has worked very hard to become a borough yet the LBC denied its
petition.
2:53:13 PM
SENATOR WAGONER asked if it is because the proposed borough is
the same size as the land that's currently within the city
limits.
DR. DICKENS said he is aware of the borough requirements but
when you consider the isolated condition of Skagway some
latitude should be given.
2:54:46 PM
SALLY SADDLER, legislative liaison, Department of Community &
Economic Development (DCED), said that the department and the
administration support the concept of the bill in that it
provides for people/local governments to take control of local
issues affecting them, but that they HAVE YET TO TAKE A POSTION
and are consulting with the Department of Law to better
understand the complexities of the bill to be sure it doesn't
have any unintended consequences. She noted that the department
is working with the sponsor's office.
Ms. Saddler noted the problem with the teleconference network
and mentioned that the committee has received comments directly
from the Local Boundary Commission and that she was speaking on
behalf of the department.
CHAIR GARY STEVENS noted that there was no one else to speak to
the issue because the phone lines were down. Because the public
hadn't had an opportunity to weigh in he questioned moving the
bill.
SENATOR KOOKESH asked which committee would hear the bill next.
CHAIR GARY STEVENS replied it also has a Judiciary Committee
referral then asked Senator Therriault to comment.
SENATOR THERRIAULT aired the opinion that the public and those
who were unable to testify due to the phone outage would support
the bill overwhelmingly. Nonetheless he would make sure the
public has an opportunity to comment during the Judiciary
Committee hearing.
SENATOR KOOKESH stated that he wouldn't object to moving the
bill.
CHAIR GARY STEVENS asked for a motion.
2:57:49 PM
SENATOR WAGONER motioned to report SB 128 and attached fiscal
note from committee with individual recommendations. There being
no objection, it was so ordered.
There being no further business to come before the committee,
Chair Gary Stevens adjourned the meeting at 2:58:11 PM.
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