Legislature(2005 - 2006)CAPITOL 106
03/05/2005 09:30 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB127 | |
| HB121 | |
| HB12 | |
| HB114 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 127 | TELECONFERENCED | |
| += | HB 121 | TELECONFERENCED | |
| *+ | HB 12 | TELECONFERENCED | |
| += | HB 114 | TELECONFERENCED | |
HB 121-SERVICE AREAS IN SECOND CLASS BOROUGHS 10:12:45 AM CHAIR SEATON announced that the next order of business was HOUSE BILL NO. 121, "An Act relating to consolidating or abolishing certain service areas in second class boroughs." CHAIR SEATON announced that the committee substitute (CS), Version 24-LS0396\Y, was before the committee. CHAIR SEATON noted that Dan Bockhurst had submitted written testimony. 10:14:39 AM RYNNIEVA MOSS, Chair, Road Commission, Fairbanks North Star Borough, testified in support of HB 121, and commented that the bill would protect road service areas that function properly. She referred to the testimony of Mr. Bockhurst [on 3/1/05] suggesting that home rule boroughs be included. She said she doesn't have any strong objections to that suggestion; however, she would like to hear the [Fairbanks North Star] Borough's opinion on that from Rene Broker. Referring again to the prior testimony of Mr. Bockhurst, she said, "I feel like his comment was almost contradictory when he said that he wanted the legislature to include home rule in this provision, because they can, at any time, change how they operate, just by charter. So, that is their local control and their way to make decisions." 10:15:59 AM REPRESENTATIVE GRUENBERG said he didn't want to take action on the bill before he has contacted the Municipality of Anchorage for its input. He asked if anyone in the room or online had made that contact already. The committee took an at-ease from to 10:16:35 AM to 10:16:45 AM. MS. MOSS explained, "This is for second class boroughs, and Anchorage is a unified municipality." 10:17:21 AM RENE BROKER, Attorney at Law, Fairbanks North Star Borough, in response to a request from Chair Seaton, said she thinks that Mr. Bockhurst "missed the point," because home rule municipalities have a lot of other powers and abilities - to address the issues caused by road service areas that aren't functioning properly - that second class boroughs do not have. The bill, she said, is not an effort to somehow vault second class boroughs ahead of home rule boroughs; it's just an attempt to give the second class boroughs an ability to deal with problems they have that home rule boroughs do not have. 10:18:55 AM REPRESENTATIVE GRUENBERG stated his understanding that Anchorage, and other home rule boroughs "could do this now if they wished." 10:19:20 AM MS. MOSS answered that's correct. 10:19:52 AM REPRESENTATIVE GRUENBERG asked if the Department of Commerce would like to correct Mr. Bockhurst's testimony. 10:20:16 AM MIKE BLACK, Community Development Section Chief, Central Office, Division of Community Advocacy, Department of Commerce, Community, & Economic Development, said he would need to do further research before he would say the department would correct Mr. Bockhurst's testimony at this point. CHAIR SEATON closed public testimony. 10:21:29 AM REPRESENTATIVE GRUENBERG told Mr. Black that he thinks it's important that "no department have ... legally incorrect testimony on a record on a piece of legislation." He said he thinks Mr. Bockhurst is incorrect and he hates to see a legally incorrect statement. 10:22:11 AM REPRESENTATIVE GATTO directed attention to the first page of a two-page handout [in the committee packet] that is a table which shows the "powers and duties of organized boroughs." He noted that, [in decisions relating to] roads and trails, the table shows that unified municipality and home rule borough determinations may be exercised by ordinance on a nonareawide basis and may be exercised on a service area basis with voter approval. Representative Gatto said, "It just seems to me they can already do what we're asking them to be able to do in the bill." 10:23:16 AM CHAIR SEATON explained the problem is once the road service area is established by voter approval in an area, there is not really a mechanism to "dissolve that by the borough." The bill would provide that mechanism. 10:24:45 AM REPRESENTATIVE RAMRAS reminded the committee that [HB 121] is critical for Fairbanks, because some of the road service areas have slipped into disservice, which puts people at risk. 10:25:38 AM CHAIR SEATON, following up on Representative Gatto's previous comment, clarified that the "voter approval" means the vote of the road service area board members, not the general public. REPRESENTATIVE GATTO said he does not have a problem with the bill. 10:26:37 AM REPRESENTATIVE GARDNER, via teleconference, said she is ready to "move the question" and would vote if she could. 10:26:58 AM REPRESENTATIVE RAMRAS moved to report CSHB 121(CRA), Version 24- LS0396\Y, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 121(CRA) was reported out of the House State Affairs Standing Committee. 10:28:34 AM
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