01/28/2010 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB43 | |
| Fairbanks Annexation, Legislative Review | |
| SB212 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 43 | TELECONFERENCED | |
| *+ | SB 212 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
January 28, 2010
3:47 p.m.
MEMBERS PRESENT
Senator Linda Menard
Senator Albert Kookesh
Senator Joe Thomas, Vice Chair
Senator Donald Olson, Chair
MEMBERS ABSENT
Senator Hollis French
OTHER LEGISLATORS PRESENT
SENATOR DENNIS EGAN
COMMITTEE CALENDAR
SENATE BILL NO. 43
"An Act adding a second verse to the official Alaska state
song."
MOVED SB 43 OUT OF COMMITTEE
SENATE BILL NO. 212
"An Act authorizing municipalities to designate energy
improvements areas and to establish energy improvements programs
and relating to those programs."
HEARD AND HELD
Fairbanks Annexation Report from the Local Boundary Commission
MATERIALS DISTRIBUTED; HEARING REQUESTED
PREVIOUS COMMITTEE ACTION
BILL: SB 43
SHORT TITLE: SECOND VERSE OF ALASKA'S STATE SONG
SPONSOR(s): SENATOR(s) MENARD
01/21/09 (S) PREFILE RELEASED 1/9/09
01/21/09 (S) READ THE FIRST TIME - REFERRALS
01/21/09 (S) CRA, STA
01/28/10 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
BILL: SB 212
SHORT TITLE: MUNICIPAL ENERGY IMPROVEMENTS PROGRAM
SPONSOR(s): SENATOR(s) EGAN
01/19/10 (S) PREFILE RELEASED 1/8/10
01/19/10 (S) READ THE FIRST TIME - REFERRALS
01/19/10 (S) CRA, FIN
01/28/10 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
SENATOR LINDA MENARD
Alaska State Capitol
Juneau, AK
POSITION STATEMENT: Sponsor of SB 43.
CONSTANCE DAVIS
Representing herself
Alaska State Capitol
Juneau, AK
POSITION STATEMENT: Supported SB 43.
CONSTANCE MUNRO
Representing herself and Alaska Native Sisterhood Camp Two
Alaska State Capitol
Juneau, AK
POSITION STATEMENT: Supported SB 43.
MARIE DARLIN
Representing herself
Alaska State Capitol
Juneau, AK
POSITION STATEMENT: Supported SB 43.
SENATOR DENNIS EGAN
Alaska State Capitol
Juneau, AK
POSITION STATEMENT: Supported SB 43 and sponsor of SB 212.
ALIDA BUS
Aide to Senator Egan
Alaska State Capitol
Juneau, AK.
POSITION STATEMENT: Present to answer questions on SB 212.
ACTION NARRATIVE
3:47:15 PM
CHAIR DONALD OLSON called the Senate Community and Regional
Affairs Standing Committee meeting to order at 3:47 p.m.
Senators Kookesh, Menard, Thomas and Olson were present at the
call to order.
CHAIR OLSON said the boundary decision on annexation by the City
of Fairbanks was provided to the committee members for
informational purposes only.
SB 43-SECOND VERSE OF ALASKA'S STATE SONG
3:48:25 PM
CHAIR OLSON announced the first order of business to come before
the committee would be SB 43.
SENATOR MENARD, sponsor of SB 43, said the bill would add an
official second verse to the Alaska Flag Song. SB 43 has a zero
fiscal note and will implement something many have wanted for
years. She explained that the Alaska Flag Song, written by
Juneau resident, Marie Drake, was adopted by the territorial
legislature in 1955. Having just had the 50th anniversary of
statehood, this would be the appropriate time to add the second
verse. Passing SB 43 would be an overdue honor to Carol Beery
Davis, who wrote the second verse out of love for Alaska and its
Native population in 1987, and pay homage to Benny Benson, who
designed the Alaska state flag.
3:52:26 PM
CONSTANCE DAVIS, daughter of Carol Beery Davis and Trevor Davis,
spoke in support of SB 43. She said her mother [Carol Beery
Davis] came to Juneau in 1920, worked as the organ player for
silent movies, and became close friends with Elinor Dusenbury
and Marie Drake, secretary to the Commissioner of Education. In
1926, the Governor and the American Legion started a contest for
school children to create a flag. After choosing the flag, the
Commissioner of Education said school children should receive a
flag and a copy of the Flag Act. Ms. Drake wrote a jingle that
she thought would be more appropriate for children than the Flag
Act. Ms. Constance Davis said that recognition of Alaska Natives
and Benny Benson, who designed the flag, were left out of the
poem at that time. Ms. Drake travelled around the state to
introduce the poem to children; the poem was officially
recognized by the Legislature in 1955. Ms. Constance Davis
explained that Ms. Dusenbury, who had moved back to Omaha but
was very homesick for Haines, Alaska, wrote the music to
accompany the poem.
3:54:58 PM
MS. CONSTANCE DAVIS explained that the second verse recognizes
Alaska Natives, especially Benny Benson, the beauty of the land
and the progress of Alaska and Alaskans. She explained that the
second verse is not a rewrite of the song, but an addition. She
noted that not all newcomers learn the song anymore and she
would like the University of Alaska, Fairbanks, who owns the
copyright, to print sheet music again, with both verses.
SENATOR MENARD pointed out that Fran Ulmer, former Mayor of
Juneau, and former Lieutenant Governor, has expressed support
for the second verse, as has the University of Alaska.
MS. DAVIS said the Alaska Youth Choir and conductor, Missouri
Smyth, have been singing the second verse when travelling to
other countries.
CHAIR OLSON asked for clarification that Marie Drake wrote the
poem and Elinor Dusenbury wrote the song.
MS. CONSTANCE DAVIS replied yes and explained that they worked
together though Ms. Dusenbury was in Omaha.
3:58:47 PM
MS. CONSTANCE DAVIS said people were talking about a second
verse when a friend approached her 95 year old mother [Carol
Beery Davis,] who stayed up all night working on it. The second
verse was Carol Beery Davis' last gift to the state.
CHAIR OLSON asked if Carol Beery Davis was 95 years old in 1987
when she wrote the second verse.
MS. DAVIS replied yes.
CHAIR OLSON recognized Senator Egan as being in the room.
3:59:59 PM
CHAIR OLSON opened public testimony.
CONSTANCE MUNRO, representing herself and Alaska Native
Sisterhood Camp Two, said as a new resident of Alaska, the first
legislative activity she attended was the singing of the Alaska
Flag Song in 1971. She was "a little stunned" and remarked that
she would not sing the song until Alaska Natives were
recognized. Carol Berry Davis suggested a contest should be run
for a second verse. The Native Coalition of Legislators decided
a second verse should be a gift from a non-native, not the
product of a contest.
4:02:07 PM
MS. MUNRO explained that when she had to leave Alaska in 1985 or
86, she told Carol Beery Davis that she regretted not achieving
the gifting of a second verse to Alaska Natives. Carol Beery
Davis called Ms. Munro the next morning and said she had a gift
[the second verse for the state song.] Members of the Alaska
Native Brotherhood and Sisterhood and Alaska Native legislators
looked at the second verse. Some testified the first time this
piece of legislature was proposed [HB 45 in 2003]. She hopes
this legislative body will take the lead and get SB 43 through.
4:04:37 PM
MARIE DARLIN, representing herself, said that though it has been
tried before, she was glad to see the second verse might
actually become law. She feels it really deserves to be
official.
4:06:22 PM
CHAIR OLSON asked if Senator Egan, as the first state Governor's
son, would like to say anything about the second verse being
added to the state song.
SENATOR EGAN said he was in full support of SB 43. He had talked
to former Lieutenant Governor and former Juneau mayor, Fran
Ulmer, about the second verse. The Juneau assembly passed a
resolution in support of the second verse years ago.
CHAIR OLSON asked what Senator Egan's dad would say about the
second verse being added to the state song.
SENATOR EGAN said he would be in favor of it and that his
mother, who is 95 years old, still sings the first verse every
day and is slowly learning verse two.
4:08:41 PM
SENATOR KOOKESH recognized Ms. Monro's dedication over the
years. He said he is an Alaska Native and a lifelong resident
and was disappointed to see this legislation fail previously. He
was a member of the House and then the Senate when majorities in
those bodies would not adopt a bill with the words "Alaska
Native" or the word "tribe." For the first time in history, two
bills were passed in 2009 with the words "tribe" and "Alaska
Native." He said the state seal has no depiction of an Alaska
Native. This is a great step in the right direction and he hoped
SB 43 would pass.
SENATOR THOMAS moved to report SB 43 from committee with
individual recommendations.
4:10:41 PM
At Ease
4:12:15 PM
CHAIR OLSON said the motion needed to be restated.
SENATOR THOMAS moved to report SB 43 to the next committee of
referral with individual recommendations and a zero fiscal note.
Without objection, it was so ordered.
^FAIRBANKS ANNEXATION, LEGISLATIVE REVIEW
4:12:34 PM
SENATOR THOMAS requested that the Senate Community and Regional
Affairs committee hold hearings on the local boundary
commission's December 10th, 2009 approval of the annexation of
several parcels of property in the Fairbanks area.
SB 212-MUNICIPAL ENERGY IMPROVEMENTS PROGRAM
4:13:18 PM
CHAIR OLSON announced the consideration of SB 212.
SENATOR EGAN, sponsor of SB 212, said the bill creates jobs and
more sustainable communities and makes buildings more energy
efficient. It is an innovative financing mechanism designed to
accelerate the energy retrofits of Alaska's homes and commercial
buildings. He explained that property owners borrow money from a
newly established municipal financing district to finance energy
retrofits, including efficiency measures and micro-renewable
energy. The borrower repays over 20 years through an annual
special tax on a municipality's property tax bill. This
financing model has been successful in 16 other states and
numerous counties. It is an option only; SB 212 gives power to
the municipalities to opt in or out.
SENATOR KOOKESH asked if any money would be available for the
program if a municipality chose to participate but the district
did not issue a bond.
SENATOR EGAN replied that SB 212 gives municipalities a
mechanism to opt in should the municipality choose to do so. He
said he is concerned about smaller communities and is assuming
some of the revolving energy money, funded through the
municipality, could be used for this. The municipality can set
the rates and the terms.
4:16:18 PM
SENATOR KOOKESH asked if the bond obligation stays with the home
if, for example, a home owner gets one of these loans and then
sells the property.
SENATOR EGAN replied that it would be a part of the owner's
property tax. Just as municipalities require now, if the home
was sold or foreclosed, the entire debt must be paid.
SENATOR KOOKESH said the idea is innovative.
CHAIR OLSON said if someone is in foreclosure, no bills will get
paid.
SENATOR EGAN replied that if the municipality forecloses on the
building, the municipality will sell it and collect the tax.
CHAIR OLSON asked if the municipality will get back what was put
into the property.
SENATOR EGAN said he believed so.
SENATOR MENARD asked if Senator Egan was trying to establish a
fund that municipalities can choose to be part of or not.
SENATOR EGAN replied that was correct.
SENATOR MENARD asked if the 16 other states with similar laws
have similar weather conditions.
SENATOR EGAN said the 16 other states are all around the
country. Major communities in California also have similar
programs.
CHAIR OLSON asked about the success of those programs.
SENATOR EGAN said according to the National Council of State
Legislatures, the programs have been very successful.
SENATOR KOOKESH asked how the bond obligation is disclosed if an
owner wants to sell his or her house. He thought there would
have to be a disclosure if an owner, who wants to sell, has
taken the loan, has made improvements on the house and is
obligated to make additional tax payments to the municipality.
4:18:52 PM
SENATOR EGAN replied that it would be part of the mortgage.
There is some concern from lending organizations because it is
unprecedented. In other municipalities, additional tax is tacked
on to the owner's property tax bill.
SENATOR KOOKESH corrected Senator Egan that it is not on the
mortgage then, but on the tax bill.
SENATOR EGAN said absolutely.
SENATOR KOOKESH said the municipality would show the home owner
and borrower of the loan has a tax obligation to pay. So a buyer
would have to be informed about the tax obligation associated
with the home.
SENATOR EGAN said that is correct, a new buyer would assume that
obligation.
SENATOR THOMAS asked about Section (b) on page two: "In addition
the municipality may require any other security for a loan that
the municipality determines to be reasonable" [Section 1 (b),
lines 10 and 11.] He asked what that language implied and what
other instruments other states have used.
SENATOR EGAN said it would be up to the municipality to set the
terms, the amount and the interest rate. He assumed other
municipalities' requirements varied.
4:21:54 PM
SENATOR THOMAS said he was curious what other collateral has
been considered by other municipalities.
SENATOR EGAN said he would get that information.
CHAIR OLSON asked if anyone was opposed to SB 212.
SENATOR EGAN replied no.
CHAIR OLSON asked if Senator Egan was anticipating opposition.
SENATOR EGAN said he spoke with the state assessor who is not in
opposition to SB 212.
CHAIR OLSON asked about any municipalities.
SENATOR EGAN said that the City and Borough of Juneau and the
Alaska Municipal League have not opposed it.
SENATOR KOOKESH asked about Tamara Cook's [Legal Services
Director, Alaska State Legislature] statement that "the
municipality must provide an explanation of the program to
electric and natural gas utilities operating in the area of the
proposed program at least 30 days before adopting the
ordinance." He said he has never heard of having to tell a local
utility that an ordinance is going to be adopted. He asked if
Senator Egan could find out why that would be necessary or if
the next committee would possibly take that up.
4:23:39 PM
SENATOR KOOKESH said SB 212 is very innovative and could develop
some energy savings in the state. Not everyone qualifies for the
energy program that started last year and this program could
pick up some of that slack.
CHAIR OLSON asked why it was not put in place years ago if it
was such a good bill. He was impressed. [SB 212 was held in
committee.]
4:24:52 PM
CHAIR OLSON thanked everyone for their comments and finding no
further business to come before the committee, adjourned the
meeting at 4:24 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 1-28-2010 Senate Community and Regional Affairs Agenda.PDF |
SCRA 1/28/2010 3:30:00 PM |
|
| SB 43 Sponsor Statement.pdf |
SCRA 1/28/2010 3:30:00 PM |
SB 43 |
| Fiscal Note SB 43.pdf |
SCRA 1/28/2010 3:30:00 PM |
SB 43 |
| SB 43 Bill Back up.pdf |
SCRA 1/28/2010 3:30:00 PM |
SB 43 |
| Fairbanks Local Boundary Commission Statement of Decision.PDF |
SCRA 1/28/2010 3:30:00 PM |
Local Boundary Commission |
| SB 212 Sponsor Statement.pdf |
SCRA 1/28/2010 3:30:00 PM |
SB 212 |