Legislature(2017 - 2018)BELTZ 105 (TSBldg)

03/16/2017 03:30 PM COMMUNITY & REGIONAL AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 8 ENFORCEMENT OF FOREIGN PROTECTIVE ORDERS TELECONFERENCED
Heard & Held
*+ SB 77 SECOND CLASS BOROUGH SERVICE AREAS TELECONFERENCED
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
    SENATE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE                                                                  
                         March 16, 2017                                                                                         
                           3:38 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Click Bishop, Chair                                                                                                     
Senator Bert Stedman                                                                                                            
Senator Berta Gardner                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Anna MacKinnon                                                                                                          
Senator Lyman Hoffman                                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 8                                                                                                                
"An Act relating to protective orders."                                                                                         
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 77                                                                                                              
"An Act relating to service areas in second class boroughs; and                                                                 
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB   8                                                                                                                  
SHORT TITLE: ENFORCEMENT OF FOREIGN PROTECTIVE ORDERS                                                                           
SPONSOR(s): REPRESENTATIVE(s) EDGMON                                                                                            
                                                                                                                                
01/18/17       (H)       PREFILE RELEASED 1/9/17                                                                                
01/18/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/17       (H)       CRA, JUD                                                                                               
01/31/17       (H)       CRA AT 8:00 AM BARNES 124                                                                              
01/31/17       (H)       Moved  HB 8 Out of Committee                                                                           
01/31/17       (H)       MINUTE(CRA)                                                                                            
02/01/17       (H)       CRA RPT 5DP 1NR                                                                                        
02/01/17       (H)       DP:   TALERICO,    WESTLAKE,   DRUMMOND,                                                               
                        PARISH, FANSLER                                                                                         
02/01/17       (H)       NR: RAUSCHER                                                                                           
02/08/17       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
02/08/17       (H)       Heard & Held                                                                                           
02/08/17       (H)       MINUTE(JUD)                                                                                            
02/13/17       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
02/13/17       (H)       Heard & Held                                                                                           
02/13/17       (H)       MINUTE(JUD)                                                                                            
02/15/17       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
02/15/17       (H)       Moved  HB 8 Out of Committee                                                                           
02/15/17       (H)       MINUTE(JUD)                                                                                            
02/17/17       (H)       JUD RPT 4DP 2NR                                                                                        
02/17/17       (H)       DP:   KOPP,   KREISS-TOMKINS,   FANSLER,                                                               
                         CLAMAN                                                                                                 
02/17/17       (H)       NR: EASTMAN, REINBOLD                                                                                  
03/06/17       (H)       TRANSMITTED TO (S)                                                                                     
03/06/17       (H)       VERSION: HB 8                                                                                          
03/08/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/08/17       (S)       CRA, JUD                                                                                               
03/16/17       (S)       CRA AT 3:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB  77                                                                                                                  
SHORT TITLE: SECOND CLASS BOROUGH SERVICE AREAS                                                                                 
SPONSOR(s): SENATOR(s) MICCICHE                                                                                                 
                                                                                                                                
03/03/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/03/17       (S)       CRA, STA                                                                                               
03/16/17       (S)       CRA AT 3:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
TIM CLARK, staff                                                                                                                
Representative Bryce Edgmon                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Introduced HB 8 for the sponsor.                                                                          
                                                                                                                                
MARY LUNDQUIST, Assistant Attorney General                                                                                      
Civil Division                                                                                                                  
Opinions, Appeals, and Ethics Section                                                                                           
Department of Law (DOL)                                                                                                         
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Commented on HB 8.                                                                                        
                                                                                                                                
CAITLYN KELLY, representing herself                                                                                             
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Supported HB 8.                                                                                          
                                                                                                                                
RACHEL HENKE, staff                                                                                                             
Senator Peter Micciche                                                                                                          
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented SB 77 on behalf of the sponsor.                                                                 
                                                                                                                                
MIKE NAVARRE, Mayor                                                                                                             
Kenai Peninsula Borough                                                                                                         
Soldotna, Alaska                                                                                                                
POSITION STATEMENT: Supported SB 77.                                                                                          
                                                                                                                                
LARRY PERSILY, Chief of Staff                                                                                                   
Mayor Navarre                                                                                                                   
Kenai Peninsula Borough                                                                                                         
Soldotna, Alaska                                                                                                                
POSITION STATEMENT: Said he was  available to answer questions on                                                             
SB 77.                                                                                                                          
                                                                                                                                
DAVID GIBBS, Director                                                                                                           
Emergency Services                                                                                                              
Fairbanks North Star Borough                                                                                                    
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Supported SB 77.                                                                                          
                                                                                                                                
KATHERINE WASSERMAN, Executive Director                                                                                         
Alaska Municipal League (AML)                                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Supported SB 77.                                                                                          
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:38:19 PM                                                                                                                    
CHAIR  CLICK  BISHOP called  the  Senate  Community and  Regional                                                             
Affairs Standing Committee meeting to  order at 3:38 p.m. Present                                                               
at the  call to order  were Senators Stedman, Gardner,  and Chair                                                               
Bishop.                                                                                                                         
                                                                                                                                
        HB   8-ENFORCEMENT OF FOREIGN PROTECTIVE ORDERS                                                                     
                                                                                                                                
3:39:12 PM                                                                                                                    
CHAIR BISHOP announced consideration of HB 8.                                                                                   
                                                                                                                                
3:39:23 PM                                                                                                                    
TIM CLARK,  staff to Representative  Bryce Edgmon, sponsor  of HB                                                               
8, Alaska State Legislature, Juneau,  Alaska, introduced HB 8 for                                                               
the sponsor.  He said  that HB 8  reconciles state  statutes that                                                               
are now in  conflict with federal law under  the Violence Against                                                               
Women  Act  (VAWA), which  makes  sure  that a  protection  order                                                               
issued in  another jurisdiction (meaning another  state or tribal                                                               
court) is treated  no differently than a  protective order issued                                                               
by  an Alaska  State  court. Under  existing  statute, state  law                                                               
enforcement is only compelled to  enforce a protection order from                                                               
another jurisdiction if  it has been first filed with  a clerk of                                                               
an Alaskan court.                                                                                                               
                                                                                                                                
MR. CLARK said HB 8 ensures  that a protection order from another                                                               
state or  a tribal  court would  be given  full faith  and credit                                                               
with no requirement  that it first be registered  with the state.                                                               
This efficiency  is important to some  peoples' immediate safety.                                                               
The  state  is  already  enforcing  existing  provisions  in  the                                                               
superseding federal  law, but  it's important  to clean  up state                                                               
statute to  eliminate possible complications in  prosecutions and                                                               
any  risk of  lawsuits for  the state.  The bill  carries a  zero                                                               
fiscal note.                                                                                                                    
                                                                                                                                
CHAIR BISHOP asked for an  example of what a "potential conflict"                                                               
could be if the state isn't in compliance with federal law.                                                                     
                                                                                                                                
MARY  LUNDQUIST, Assistant  Attorney General,  Department of  Law                                                               
(DOL),  Civic Division,  Opinions, Appeals,  and Ethics  Section,                                                               
Fairbanks, Alaska, said she didn't  have any specific examples of                                                               
ongoing  conflicts, because  the  state complies  with VAWA  now.                                                               
However, the state  law is out of sync with  federal law, because                                                               
it requires  registration of tribal  protection orders,  and this                                                               
bill would eliminate  that inconsistency. By doing  that it would                                                               
also eliminate the possibility for  a prosecutor to say the state                                                               
wasn't complying  with state  law by not  arresting a  person for                                                               
violating  a protection  order  in the  future,  even though  the                                                               
federal law would pre-empt the state law requirements.                                                                          
                                                                                                                                
CHAIR BISHOP opened public comment.                                                                                             
                                                                                                                                
3:43:44 PM                                                                                                                    
CAITLYN  KELLY, representing  herself, Juneau,  Alaska, supported                                                               
HB  8.  She said  her  older  sister  has a  long-term,  criminal                                                               
protective  order against  someone in  California. When  she came                                                               
back  up to  Alaska, this  person followed  her. He  came to  the                                                               
house where  she was  staying and attacked  her. The  police were                                                               
called; he  was found  and arrested, but  he wasn't  charged with                                                               
violating a protective  order, because under state law  it has to                                                               
be  registered.   Her  sister  didn't  know   that,  because  the                                                               
protective order  says that  it's enforceable  in all  50 states.                                                               
The fact  that a protective  order has  to be registered  isn't a                                                               
well-known procedure or information  that is readily available to                                                               
the public.                                                                                                                     
                                                                                                                                
SENATOR GARDNER thanked Ms. Kelly for testifying.                                                                               
                                                                                                                                
MS.  KELLY reiterated  that she  felt it  "very crucial"  to pass                                                               
this  bill,   because  this  person  has   made  life-threatening                                                               
comments against her sister. That  is why the protective order is                                                               
there.                                                                                                                          
                                                                                                                                
3:46:14 PM                                                                                                                    
CHAIR  BISHOP,   finding  no  further  comments,   closed  public                                                               
testimony and held HB 8 for a later hearing.                                                                                    
                                                                                                                                
           SB  77-SECOND CLASS BOROUGH SERVICE AREAS                                                                        
                                                                                                                                
3:46:47 PM                                                                                                                    
CHAIR BISHOP announced consideration of SB 77.                                                                                  
                                                                                                                                
RACHEL  HENKE,  staff to  Senator  Peter  Micciche, Alaska  State                                                               
Legislature,  Juneau, Alaska,  presented SB  77 for  the sponsor.                                                               
She  said SB  77  would  expand the  authority  for second  class                                                               
boroughs to exercise  the local option of  creating a non-taxable                                                               
service  area,  specifically, areas  where  there  are no  voters                                                               
within  the  service  areas  boundaries. No  new  taxes  will  be                                                               
levied,  but  rather the  borough  could  use  a portion  of  its                                                               
federal payment in  lieu of taxes allocation to  cover the costs.                                                               
The point  of SB 77  is to just  give boroughs more  authority to                                                               
protect their main roadways at no extra cost to the state.                                                                      
                                                                                                                                
CHAIR BISHOP opened public testimony on SB 77.                                                                                  
                                                                                                                                
3:49:25 PM                                                                                                                    
MIKE NAVARRE,  Mayor, Kenai Peninsula Borough,  Soldotna, Alaska,                                                               
supported SB 77,  and said its purpose is to  clarify a provision                                                               
that already  exists in  law, but is  difficult to  implement. He                                                               
elaborated that  the borough has  stretches of highway  that have                                                               
no emergency  coverage and a  very low  taxable base in  order to                                                               
provide for that service. So,  volunteer emergency responders are                                                               
struggling  to  provide  those  services.  The  highway  corridor                                                               
between Anchorage and  Kenai is heavily traveled and  they end up                                                               
responding to  a lot of travelers  who are traveling to  and from                                                               
the Kenai  Peninsula and it's  beyond their ability to  cover it.                                                               
Additionally,  existing   statutory  provisions   restrict  using                                                               
service  area funds  from one  area  in another  service area  or                                                               
outside the boundaries of the service  area, so they are having a                                                               
difficult time trying to supplement the volunteer efforts.                                                                      
                                                                                                                                
MAYOR NAVARRE  said SB  77 would  allow the  borough to  create a                                                               
highway corridor  service area where  there will be  no residents                                                               
and no  taxpayers, and because most  of the land adjacent  to the                                                               
roadway is  federally owned  or even in  some cases  state lands,                                                               
this authority would allow using in  lieu of taxes funds that the                                                               
Kenai  Borough  currently gets  from  the  federal government  in                                                               
order to help provide and  supplement those services. He showed a                                                               
map  illustrating   the  number  of  accidents   in  the  highway                                                               
corridor.                                                                                                                       
                                                                                                                                
MAYOR   NAVARRE  explained   that  the   reason  the   law  needs                                                               
clarification is  because even  though it says  they can  do this                                                               
already, they still  have to get approval from all  the owners of                                                               
the property, and  that is next to impossible to  do. And because                                                               
it's  a highway  corridor that  has underlying  land owners  that                                                               
makes  it even  more difficult  than it  ought to  be to  provide                                                               
reasonable emergency service coverage.                                                                                          
                                                                                                                                
MAYOR  NAVARRE said  SB 77  has a  zero fiscal  note; the  Alaska                                                               
State Troopers  support it,  and none of  the other  second class                                                               
boroughs have  concerns or  object to  the language.  It enhances                                                               
public safety and allows the borough  to close the legal gap in a                                                               
significant public  safety concern using funds  it currently gets                                                               
from the  federal government while  recognizing that  those funds                                                               
are already  fully utilized  within their  budget, and  it likely                                                               
means that either some other area  will have to be reduced or all                                                               
the residents  of the Kenai  Peninsula Borough will be  paying to                                                               
help support this service.                                                                                                      
                                                                                                                                
3:53:59 PM                                                                                                                    
SENATOR STEDMAN noted  that Prince of Wales Island is  not on the                                                               
list of  affected areas even  though it  is the only  island that                                                               
has multiple inter-connected communities on it.                                                                                 
                                                                                                                                
MAYOR  NAVARRE said  this measure  only applies  to second  class                                                               
boroughs.                                                                                                                       
                                                                                                                                
3:55:08 PM                                                                                                                    
CHAIR BISHOP said he liked the  bill, but asked if the Mayor said                                                               
his borough would provide "mutual  aid" along the safety corridor                                                               
helping these other smaller communities.                                                                                        
                                                                                                                                
MAYOR NAVARRE  replied yes;  the reality is  that the  mutual aid                                                               
authority is  kind of stretching  already existing state  law for                                                               
fire  and emergency  services, because  there  is nothing  mutual                                                               
about  it.  "Mutual aid"  also  requires  that somebody  actually                                                               
responds  and  calls for  the  mutual  aid.  In some  cases  that                                                               
doesn't  happen, because  the community  of Cooper  Landing is  a                                                               
senior  community  and has  a  very  high  number of  senior  tax                                                               
exemptions, but  also some of  the volunteers have been  doing it                                                               
for 20 or more years and can no  longer drive at night or lift as                                                               
much  weight. All  they  are  trying to  do  is  make sure  legal                                                               
authority  is established  to provide  the service  and recognize                                                               
that more  than half  of the  responses are  to people  who don't                                                               
live in the Cooper Landing area boundaries.                                                                                     
                                                                                                                                
3:57:26 PM                                                                                                                    
LARRY PERSILY, Chief  of Staff to Mayor  Navarre, Kenai Peninsula                                                               
Borough,  Soldotna,  Alaska,  said  he was  available  to  answer                                                               
questions on SB 77.                                                                                                             
                                                                                                                                
DAVID GIBBS,  Director, Emergency Services, Fairbanks  North Star                                                               
Borough,  Fairbanks,  Alaska,  supported   SB  77.  He  said  the                                                               
Fairbanks North Star  Borough is a second class  borough and they                                                               
fully recognize that this measure  may provide a benefit for them                                                               
as they  work on their  road corridor safety issues,  in addition                                                               
to the obvious benefit it provides to the Kenai Borough.                                                                        
                                                                                                                                
3:59:04 PM                                                                                                                    
KATHERINE WASSERMAN, Executive  Director, Alaska Municipal League                                                               
(AML),  Juneau, Alaska,  supported  SB 77.  She  said AML  really                                                               
likes this  kind of legislation,  because it identifies  an issue                                                               
that needs to  be fixed and then provides a  tool to actually fix                                                               
it. This  concept could be  expanded to communities on  Prince of                                                               
Wales Island if the legislature wanted to do that.                                                                              
                                                                                                                                
SENATOR STEDMAN  noted that language on  page 1, line 5,  says "a                                                               
second  class  borough  may establish,"  and  that  answered  his                                                               
earlier question.                                                                                                               
                                                                                                                                
SENATOR  MICCICHE  remarked   that  this  is  a   life  or  death                                                               
situation.                                                                                                                      
                                                                                                                                
CHAIR BISHOP said  he understands what Senator  Micciche wants to                                                               
accomplish and that he likes the bill.                                                                                          
                                                                                                                                
He closed  public testimony and  said he would  hold SB 77  for a                                                               
later hearing.                                                                                                                  
                                                                                                                                
4:03:03 PM                                                                                                                    
CHAIR BISHOP adjourned the Senate Community and Regional Affairs                                                                
Standing Committee meeting at 4:05 p.m.                                                                                         
                                                                                                                                

Document Name Date/Time Subjects
HB8 Additional Documentation 18 USCA Section 2265 Full Faith and Credit Given to Protection Orders 2.17.17.pdf SCRA 3/16/2017 3:30:00 PM
HB 8
HB8 Additional Documentation--7.30.15 VAWA Enforcement Dept. of Law Opinion 1.18.17.pdf SCRA 3/16/2017 3:30:00 PM
HB 8
HB8 Additional Documentation--2014 Repeal of Alaska Exemption to VAWA 1.18.17.pdf SCRA 3/16/2017 3:30:00 PM
HB 8
HB8 Sectional Summary 1.18.18.pdf SCRA 3/16/2017 3:30:00 PM
HB 8
HB8 Senate C&RA Committee Hearing Request Memo.pdf SCRA 3/16/2017 3:30:00 PM
HB 8
HB8 Sponsor Statement 1.18.17.pdf SCRA 3/16/2017 3:30:00 PM
HB 8
HB8 Version A 1.18.17.pdf SCRA 3/16/2017 3:30:00 PM
HB 8
SB 77 Ver. A.PDF SCRA 3/16/2017 3:30:00 PM
SB 77
SB77 Sponsor Statement.pdf SCRA 3/16/2017 3:30:00 PM
SB 77
SB 77 Supporting Document - Incorporated Cities Within Organized Boroughs.pdf SCRA 3/16/2017 3:30:00 PM
SB 77
SB 77 Supporting Document - Highway Corridor Map.pdf SCRA 3/16/2017 3:30:00 PM
SB 77
SB 77 Supporting Document - AS 29.35.490.pdf SCRA 3/16/2017 3:30:00 PM
SB 77
SB 77 Support Letter.pdf SCRA 3/16/2017 3:30:00 PM
SB 77
SB 77 Support Letter - AML.pdf SCRA 3/16/2017 3:30:00 PM
SB 77
SB 77 Hearing Request Memo.pdf SCRA 3/16/2017 3:30:00 PM
SB 77