Legislature(1995 - 1996)
02/26/1996 01:35 PM CRA
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
SENATE COMMUNITY & REGIONAL AFFAIRS COMMITTEE February 26, 1996 1:35 p.m. MEMBERS PRESENT Senator John Torgerson, Chairman Senator Randy Phillips, Vice Chairman Senator Tim Kelly Senator Lyman Hoffman MEMBERS ABSENT Senator Fred Zharoff COMMITTEE CALENDAR HOUSE BILL NO. 392 am "An Act relating to the reinstatement of dissolved Native village corporations, and to the affirmative vote necessary to amend the articles of incorporation of Native village corporations to authorize the classification of directors." PREVIOUS SENATE COMMITTEE ACTION HB 392 - No previous action to record. WITNESS REGISTER Representative Ivan Ivan State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Prime Sponsor of HB 392 ACTION NARRATIVE TAPE 96-11, SIDE A Number 001 HB 392 am NATIVE VILLAGE CORPORATIONS CHAIRMAN TORGERSON called the Senate Community & Regional Affairs Committee meeting to order at 1:35 p.m. He brought HB 392 am before the committee as the only order of business. Number 015 REPRESENTATIVE IVAN , prime sponsor of HB 392, reading the following sponsor statement into the record: "I sponsored HB 392 to amend the Alaska Corporation Code to allow Alaska Native Claims Settlement Act (ANCSA) village corporations to amend their articles of incorporation to authorize a classified or staggered term board of directors by a majority vote of the shares represented at a meeting of shareholders. Under current law, for those villages which did not have classified boards in place by July 1, 1989, such an amendment requires a vote of two-thirds of all outstanding shares entitled to vote. This is often difficult for village corporations to achieve. This bill rectifies that situation. An amendment to HB 392 was presented and accepted, to include a provision for ANCSA village corporations that have been involuntarily dissolved by the State an opportunity to reinstate. A similar provision was provided by the Eighteenth Alaska Legislature in 1994, under HB 71. Amended HB 392 allows Native village corporations that have been involuntarily dissolved by the State, the ability to be reinstated under the law, one year after the effective date of this act. According to the Division of Banking, Securities and Corporations, there remain five Native village corporations that did not take advantage of the 1994 reinstatement. Those corporations are Oscarville Native Corporation (Oscarville - Senate District T), Tulkisarmute, Inc. (Tuluksak - Senate District R), Cully Corporation (Point Lay - Senate District S), Ohog Incorporated (Russian Mission - Senate District R), and The Grouse Creek Corporation (Seward - Senate District D)." Representative Ivan stated he would respond to questions from the committee. Number 062 SENATOR RANDY PHILLIPS noted the members' packets contain a resolution adopted by the Swan Lake Corporation Board of Directors in support of HB 392, and he asked if Swan Lake is a community. REPRESENTATIVE IVAN informed him it is the name of a village corporation. SENATOR TORGERSON said he originally had two small concerns relating to staggered terms for board members and the possibility of being able to get rid of a board member by a majority vote, but he was assured by the LAA legal division that they were not problems. Number 090 There being no further testimony on HB 392 am, SENATOR TORGERSON asked for the pleasure of the committee. SENATOR RANDY PHILLIPS moved that HB 392 am and the accompanying fiscal notes be passed out of committee with individual recommendations. Hearing no objection, it was so ordered. There being no further business to come before the committee, the meeting was adjourned at 1:40 p.m.