Legislature(2023 - 2024)BARNES 124
03/19/2024 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB347 | |
| HB151 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 151 | TELECONFERENCED | |
| += | HB 347 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 151-FORMATION OF BOROUGHS
8:14:48 AM
CHAIR MCCORMICK announced that the final order of business would
be HOUSE BILL NO. 151, "An Act relating to proposals for borough
incorporation submitted to the legislature by the Local Boundary
Commission."
8:15:10 AM
DAVE STANCLIFF, Staff, Representative Mike Cronk, Alaska State
Legislature, on behalf of Representative Cronk, prime sponsor of
HB 151, stated that the bill sponsor had been working with
Legislative Legal Services ("legislative legal") and other
legislators to determine how best to expand the public's role in
the government process of borough formation.
8:15:57 AM
CHAIR MCCORMICK invited Ms. Moller to speak to the bill.
MS. MOLLER offered comments not related to the bill.
8:19:13 AM
REPRESENTATIVE MIKE CRONK, Alaska State Legislature, prime
sponsor, clarified that Ms. Moller was speaking to HB 279, not
HB 151.
8:19:34 AM
MS. MOLLER apologized for speaking to the wrong bill. She
sought clarity on how the local boundary commission (LBC) would
determine whether a majority of citizens of voting age support
the formation of a borough.
8:22:47 AM
CHAIR MCCORMICK opened public testimony on HB 151.
8:23:34 AM
JAMES SQUYRES, representing self, testified in support of HB
151. He stated that the bill would attempt to ensure that LBC
commissioners uphold Article 10, Section 12, with Article 1,
Section 2 [of the Alaska Constitution], before submitting a
legislative review proposal, which he applauded. He proceeded
to respond to several metrics offered by the LBC chair in his
written testimony expressing opposition to HB 151. He asserted
that in violation of the Open Meetings Act, the process by which
the LBC touts to follow was violated in the vote to oppose HB
151. He stated that the bill was an opportunity to direct and
guide the LBC in creating regulations that would balance
commissioners in fulfilling their oath to support and defend the
constitution.
8:27:16 AM
LARRY WOOD, Chair, Local Boundary Commission (LBC), testified
during the hearing on HB 151. In response to Mr. Squyres, he
said he had an explanation for the actions that took place at
the LBC meeting last week and requested an extra five minutes to
testify.
8:28:19 AM
The committee took a brief at-ease.
8:29:33 AM
CHAIR MCCORMICK advised Mr. Wood to adhere to the three-minute
time limit.
8:30:20 AM
MR. WOOD noted that he sent biographical information about the
commission's members who act in a quasi-judicial role to fairly
analyze questions regarding, in this case, borough formation.
He shared a brief overview of his personal and professional
background. He opined that HB 151 would change the way the
Alaska Constitution prescribes borough formation in Alaska.
Furthermore, he shared his belief that [the committee] was
moving too fast. He pointed out that the mechanism described in
statute for presenting a legislative proposal for borough
formation had never been used. In conclusion, he stated that
there was a "full public process" in current practice.
8:36:00 AM
REPRESENTATIVE MEARS said she would appreciate hearing more from
Mr. Wood at a later time.
REPRESENTATIVE HIMSCHOOT said after reading "Alaska's
Constitution, A Citizen's Guide" by Gordon Harrison and speaking
with legislative legal, there may be a broad misunderstanding of
the section allowing the commission or board to consider a
proposed local government boundary change. She explained that
contrary to common perception, this section may not be used to
form a borough.
8:37:31 AM
RODNEY DIAL, Mayor, Ketchikan Gateway Borough, testified during
the hearing on HB 151. He shared that the Ketchikan Gateway
Borough had expressed concern about the disparate treatment
imposed by the state regarding unorganized and organized
boroughs, specifically as it relates to the broad-based, local
contribution tax that is imposed only on citizens living inside
the organized boroughs. He asserted the citizens of Ketchikan
and eight other regional areas are not afforded the same
protections as those proposed in HB 151, and were forced by the
legislature to establish as boroughs under the Mandatory Borough
Act of 1963. He cited a 1981 study into Alaska's local
government model that concluded "the present system encourages
dependence and that the inhabitants of the unorganized borough
are encouraged to be supplicants and clients of state provided
services and largely spectators upon the political life of local
government." He pointed out that many communities in the state,
such as Prince of Wales Island, have a tax base sufficient to
contribute to the common good, but choose not to, to avoid
paying the required local contribution tax. He opined that the
bill would not support the sustainability of the state budget
and recommended that the legislature find ways to encourage
borough formation, not discourage it.
8:41:34 AM
REPRESENTATIVE HIMSCHOOT asked where she could find the 1981
study referenced by Mr. Dial.
MR. DIAL said the study came from a presentation by the Alaska
Municipal League (AML) that was previously provided to the
legislature.
8:42:26 AM
JOHN HARRINGTON, Vice Chair, Local Boundary Commission,
testified during the hearing on HB 151. He questioned the
bill's constitutionality and characterized the proposal as a
"solution in search of a problem." He acknowledged the
"legislative obstacles" to borough formation and commented on
his participation in two recent boundary formations Petersburg
and Wrangell which were both formed by local action. He
opined that the proposed legislation required further work.
8:46:10 AM
REPRESENTATIVE RUFFRIDGE asked whether Mr. Harrington believed
that status quo was "doing just fine."
MR. HARRINGTON answered no; however, he opined that the status
quo is the only way forward without removing obstacles to
borough formation through legislative action. Otherwise, he
suspected that the only future action would be first class
cities seeking borough formation.
8:47:38 AM
ED MARTIN, representing self, testified in opposition to HB 151.
He opined that the creation of any government over a boundary
area of individuals should "fear the people," adding that no
boundary commission or politically appointed body should have
complete control over the desires of the citizens within those
areas. He said he sympathized with the numerous unorganized
boroughs that don't contribute to possible schools, and shared
his belief that the state should do something about that. He
opined that the bill would not address "we the people" and
suggested that the committee hold the bill for further
consideration and research.
8:50:29 AM
CLAY WALKER, Local Boundary Commission (LBC), testified during
the hearing on HB 151. He discussed what he perceived to be
"unmeetable hurtles" to borough formation proposed in HB 151,
including the provision outlining the legislative review rout
and the methodology for determining the majority of residents of
voting age. He encouraged the committee to table the bill and
address these important issues.
8:53:13 AM
CHAIR MCCORMICK closed public testimony on HB 151 and sought
questions from committee members.
8:54:37 AM
REPRESENTATIVE HIMSCHOOT explained that after doing a deep dive
on the bill, there may be broad misconception of what Article
10, Section 12 of the Alaska Constitution does, reiterating that
it may not be a pathway to borough formation. She read the
following excerpt from "Alaska's Constitution, A Citizen's
Guide" by Gordon Harrison [original punctuation provided]:
The term "boundary change" used in this section refers
to changes in established boundaries such as through
annexation and detachment, not to the creation of new
cities and boroughs through incorporation. Although
the local boundary commission plays a key role in new
incorporations and unifications, it does so through
authority conferred on it by the legislature under
Sections 3 and 7 of this article (which say that
cities and boroughs may be incorporated, merged,
consolidated, classified, or dissolved in the manner
provided by law). The legislature has said that the
local boundary commission may not consider the
creation of a new borough under this section (AS 29.
05.115).
8:58:00 AM
MR. STANCLIFF remarked, "This is an amazing revelation." One
solution, he said, would be to repeal this section entirely, as
it does not allow for enough public process and had not been
used in 60 years.
REPRESENTATIVE RUFFRIDGE echoed the sentiment shared by Mr.
Stancliff and encouraged a deeper dive into the legislative
history [of borough formation].
9:00:50 AM
REPRESENTATIVE MCCABE contended that borough formation is
addressed in Article 10, Section 3 of the Alaska Constitution,
not Section 12.
REPRESENTATIVE HIMSCHOOT clarified that boundaries are addressed
in Section 12. She questioned whether Section 12 fulfills the
mission of Section 3, and whether [AS 29.05.115(a)] would best
be repealed as a result of the conflict identified between
Section 12 and Section 3.
9:03:24 AM
MR. STANCLIFF said it was hard to discern the legislative intent
from the legislative record pertaining to the creation of the
LBC. He agreed with Representative Himschoot's suggestion to
"go back and stay with the public process, which is in
continuity with what was intended originally."
9:05:07 AM
MS. MOLLER concurred that the issue required more time. She
reported that there was a local option petition that failed by a
vote of 129 to 1242 in Representative Cronk's district.
REPRESENTATIVE HIMSCHOOT read the following excerpt from
"Alaska's Constitution, A Citizen's Guide" by Gordon Harrison
pertaining to Section 3 of the constitution [original
punctuation provided]:
The legislature may mandate the creation of boroughs,
and citizens may voluntarily petition to create
boroughs. Statutory standards for borough
incorporation are similar to, and little more specific
than, the constitutional standards set out here (see
AS 29.05.031). This flexibility has allowed boroughs
to vary widely in size and population. Local petitions
to create a borough are made to the local boundary
commission created in Section 12 below. (The
commission may not create boroughs on its own
initiative.) Initially, the legislature provided for
three classes of boroughs, but now only first-class
and second-class boroughs are authorized.
9:07:35 AM
REPRESENTATIVE CRONK in closing, thanked the committee for the
dialogue and said he looked forward to a deeper dive into this
issue.
9:07:50 AM
CHAIR MCCORMICK announced that HB 151 would be held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 151 Fiscal Note 3.19.24.pdf |
HCRA 3/19/2024 8:00:00 AM |
HB 151 |
| HB 151 Sect. 3.19.24.pdf |
HCRA 3/19/2024 8:00:00 AM |
HB 151 |
| HB 151 Sponsor Statement 3.19.24.pdf |
HCRA 3/19/2024 8:00:00 AM |
HB 151 |
| HB 151 Version B 3.19.24.pdf |
HCRA 3/19/2024 8:00:00 AM |
HB 151 |
| HB 151 Letter of Opposition - Local Boundary Commission Concerns 3.15.24.pdf |
HCRA 3/19/2024 8:00:00 AM |
HB 151 |
| CSHB347 Amendment #1 3.19.24.pdf |
HCRA 3/19/2024 8:00:00 AM |
HB 347 |
| CSHB347 Amendment #2 3.19.24.pdf |
HCRA 3/19/2024 8:00:00 AM |
HB 347 |
| CSHB347 Amendment #3 3.19.24.pdf |
HCRA 3/19/2024 8:00:00 AM |
HB 347 |
| HB 347 Fiscal Note 3.12.24.pdf |
HCRA 3/19/2024 8:00:00 AM |
HB 347 |
| HB 347 Public Testimony 3.18.24.pdf |
HCRA 3/19/2024 8:00:00 AM |
HB 347 |
| HB 347 Sectional Analysis (CR&A) 3.18.24.pdf |
HCRA 3/19/2024 8:00:00 AM |
HB 347 |
| HB 347 Sponsor Statement (CR&A) 3.18.24.pdf |
HCRA 3/19/2024 8:00:00 AM |
HB 347 |
| HB0347A.pdf |
HCRA 3/19/2024 8:00:00 AM |
HB 347 |
| HB 151 Letter of Support 3.19.24.pdf |
HCRA 3/19/2024 8:00:00 AM |
HB 151 |