Legislature(2015 - 2016)BARNES 124
03/10/2015 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB104 | |
| HCR1 | |
| HJR3 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 104 | TELECONFERENCED | |
| += | HJR 3 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HCR 1 | TELECONFERENCED | |
HCR 1-GOVERNOR:TRIBAL SOVEREIGNTY AND JURIS.
8:11:01 AM
CHAIR TILTON announced that the next order of business would be
HOUSE CONCURRENT RESOLUTION NO. 1, Urging the Governor to
acknowledge officially the sovereignty of Alaska tribal
governments, to create clear and consistent policies for
increased state collaboration and partnership with tribes, and
to direct the attorney general to conduct a complete review of
the state's litigation against Alaska Native tribes; urging the
Governor to acknowledge the inherent criminal jurisdiction of
Alaska tribal governments over tribal members within the
boundaries of their villages; urging the Governor to cooperate
with tribes' efforts to transfer Native land to trust; and
urging the Governor to support multilateral negotiations between
tribal governments, nontribal municipalities, and the state
government to delineate clearly tribal geographical
jurisdictions.
8:11:42 AM
CHAIR TILTON reminded the committee that before it is CSHCR 1,
Version 29-LS0353\H, Wallace/Martin, 2/19/15, adopted on
February 26, 2015.
8:11:51 AM
REPRESENTATIVE HUGHES moved that the committee adopt Amendment
1, labeled 29-LS0353\H.1, Martin, 3/7/15, which read:
Page 2, lines 24 - 26:
Delete all material and insert:
"WHEREAS each of those bodies concluded that the
current law enforcement and justice systems alone have
been unable to address and reduce crime, social ills,
and community distress adequately in rural Alaska;
and"
Page 3, lines 3 - 6:
Delete all material and insert:
"WHEREAS, in matters of jurisdiction and the
delivery of justice at the local level, having the
state and Alaska Native tribes work together in an
improved relationship will benefit communities
throughout Alaska; and
WHEREAS clarifications in state policy will allow
Alaska Native tribes the jurisdictional tools to make
their communities safer and healthier;"
CHAIR TILTON objected for discussion purposes.
8:12:26 AM
REPRESENTATIVE HUGHES explained that the new language proposed
in Amendment 1 presents a positive relationship as the state
works with the Alaska Native tribes to resolve the issues and
challenges they face.
8:13:20 AM
The committee took a brief at ease.
8:13:51 AM
REPRESENTATIVE SEATON opined that Amendment 1 offers a good
tone, and thus he said he will support it.
8:14:13 AM
CHAIR TILTON [withdrew her objection.] There being no further
objection, Amendment 1 was adopted.
8:14:36 AM
REPRESENTATIVE SEATON moved to report CSHCR 1, Version 29-
LS0353\H, Wallace/Martin, 2/19/15, as amended, out of committee
with individual recommendations.
8:15:08 AM
The committee took an at ease from 8:15 a.m. to 8:18 a.m.
8:18:03 AM
CHAIR TILTON reminded members that the committee had adopted
Version H at its last meeting, adopted Amendment 1 today, and
thus far there has been no objection to reporting CSHCR 1, as
amended, from committee.
8:19:07 AM
The committee took an at ease from 8:19 a.m. to 8:22 a.m.
8:22:42 AM
CHAIR TILTON reminded the committee that there was a motion to
report CSHCR 1, Version H, as amended, before the committee.
She asked if there were any objections.
8:22:54 AM
REPRESENTATIVE REINBOLD objected. She then expressed the need
for more expertise from those versed in this topic.
8:23:12 AM
REPRESENTATIVE DRUMMOND pointed out that on February 19, 2015,
the committee heard testimony from the following members of the
Alaska Native community: Gregory Razo, Cook Inlet Region;
Veronica Slajer, North Star Group; and Will Mayo, Tanana Chiefs
Conference. She opined that there has been plenty of support
for HCR 1, and she suggested that it be reported from committee.
8:23:41 AM
REPRESENTATIVE REINBOLD expressed the need to ensure that the
original intent of what the state agreed is not crossed.
8:24:11 AM
REPRESENTATIVE SEATON directed attention to the language in the
title of Version H, which says "Urging the Governor to establish
clear and consistent policies across all state agencies for
increased collaboration and partnership with Alaska tribal
governments". He then said he wasn't sure legal expertise is
necessary to increase collaboration and partnerships with people
of the state. He expressed comfort with the resolution,
particularly with the amendments that have been adopted.
8:24:52 AM
The committee took a brief at ease.
8:25:19 AM
REPRESENTATIVE HUGHES acknowledged that there were concerns with
the original HCR 1, but Version H removed the resolves related
to the proclamation of tribal sovereignty, inherent criminal
jurisdiction, the transfer of land into trust, and the
negotiation of tribal geographical jurisdictions. Furthermore,
the adoption of Amendment 1 today removed any adversarial
references and offered a positive tone.
8:26:31 AM
REPRESENTATIVE ORTIZ inquired as to whether Representative
Reinbold desires that the committee hear from state
representatives rather than tribal representatives.
REPRESENTATIVE REINBOLD clarified that she wanted to ensure that
the resolution is in complete agreement with the federal and
state agreements [of the past]. She then inquired as to after
what HCR 1 is modeled and whether it can be shown that the model
worked or created more challenges. For example, she expressed
interest in whether a reduction in domestic violence or cost can
be shown [under the model].
8:27:31 AM
REPRESENTATIVE NAGEAK opined that there is no need to worry
about what the Lower 48 does, particularly since Alaska is in a
unique situation. Tribes in Alaska are completely different
than those in the Lower 48. For instance, Alaska tribes have no
land base for tribes in Alaska while Lower 48 tribes do have
land bases, reservations. Furthermore, Lower 48 tribes own
casinos and have the wherewithal to do what is necessary for
their constituents, while Alaska tribes don't and they struggle
daily. Representative Nageak related that there were other
energies that came before the tribes were established in Alaska.
The nonprofits/corporations have been established for a long
time and act as quasi trial organizations. He opined that
although tribes are trying to move forward, it's difficult.
8:30:34 AM
REPRESENTATIVE REINBOLD inquired as to how the nonprofit
corporations versus lands play into this.
REPRESENTATIVE NAGEAK explained that the nonprofits perform
other things, such as housing and hospitals. With regard to
social programs, [the nonprofit corporations] work with the
[municipal governments]. He pointed out that although the
various entities try to work together, they have various
perspectives just as any organization would. As with any
organization, when a group wants to do something to better
itself, everyone needs to be heard and regional differences
understood.
8:32:41 AM
REPRESENTATIVE REINBOLD asked if this type of resolution/model
has worked such that a reduction in domestic violence, drug
abuse, and other areas of concern have resulted.
REPRESENTATIVE NAGEAK emphasized that for Native Americans
suicide, welfare, violence, and hunger are prevalent. If [the
Alaska tribes and government] don't work together, these [social
ills] will continue. He stressed the need to come together as
one in this state in order to take care of the problems in
tribal Alaska. Representative Nageak related that the problems
happen to all in tribal Alaska. Working with the state and the
federal government has been very helpful, he opined, as it's
necessary for all to work together to address these issues. He
said he didn't want others to have to deal with what he had to
with the suicide of his son. Suicide happens too often, he
stressed. In fact, there was another suicide just last week.
With regard to tribal governance, Representative Nageak said it
comes from the heart. He then said that HCR 1 would be helpful.
He reiterated the need for Alaska tribes, state government,
federal government, nonprofits, regional corporations, and
municipal governments to ensure that Alaska tribes are as
successful as possible.
8:35:57 AM
REPRESENTATIVE REINBOLD asked if Representative Nageak believes
that HCR 1 will help.
REPRESENTATIVE NAGEAK characterized HCR 1 as a start. Although
he said he didn't know whether it will work or not, he
reiterated the need to try because the existing system isn't
working.
8:36:52 AM
REPRESENTATIVE DRUMMOND said that with the knowledge of budget
cuts, cuts to public safety, cuts to corrections, and the
inaccessibility of many communities to the road system, the
state has to do what it can to allow communities to govern
themselves. She then recalled a federal study that chastised
Alaska with regard to the inadequacy of its justice system in
its rural communities.
8:38:08 AM
TIM CLARK, Staff, Representative Bryce Edgmon, Alaska State
Legislature, clarified that although the Indian Law and Order
Commission created in 2010 was reviewing Native American law and
order issues nationwide, it devoted an entire chapter of its
final report to what it deemed as serious problems in Alaska.
8:38:43 AM
REPRESENTATIVE DRUMMOND requested access to the statement that
says "Alaska is dead last in terms of dealing with its tribal
issues."
MR. CLARK pointed out that the entire chapter 2 of the Indian
Law and Order Commission report is included in the committee
packet.
8:39:44 AM
REPRESENTATIVE REINBOLD restated her question regarding whether
HCR 1 is modeled after anything in the Lower 48 or is it the
first of its kind. She, again, asked if the collaboration
proposed in HCR 1 has worked [elsewhere].
MR. CLARK informed the committee that over the last 25 years
there have been more than half a dozen commissions composed of
experts and stakeholders that have reviewed these issues and
come to the same conclusion presented in the resolution. That
is, the kind of partnership and collaboration that the
resolution asks for as well as the increased ability for tribes
to deliver justice and address law and order at the local level
has promising potential to help improve the situations in these
communities. Mr. Clark added that he provided Representative
Reinbold's staff an article published this winter, following the
introduction of the resolution, from the Alaska Justice Forum
that includes a survey with regard to tribal court
effectiveness. Although he acknowledged that studies of tribal
court effectiveness are limited, the article does conclude that
outcomes in tribal court decisions have led to less recidivism
and better general outcomes in terms of acceptance among tribal
members than those more traditional approaches to the delivery
of justice.
8:41:46 AM
REPRESENTATIVE REINBOLD asked if the sponsor has statistical
research that illustrates that collaboration results in a
reduction of social ills, such as domestic violence.
MR. CLARK answered that the studies and statistical analysis of
tribal courts is very limited. The hardest facts and the best
numbers that were included in the Alaska Justice Forum article
were regarding recidivism rates. He recalled there weren't a
great deal of statistics available regarding an increase or
decrease of instances in other problems in those communities.
8:42:52 AM
CHAIR TILTON reminded the committee that there is a motion
before the committee.
8:42:57 AM
REPRESENTATIVE REINBOLD withdrew her objection.
8:43:04 AM
There being no further objection, CSHCR 1, Version 29-LS0353\H,
Wallace/Martin, 2/19/15, as amended, was reported from the House
Community and Regional Affairs Standing Committee.
8:43:20 AM
The committee took an at ease from 8:43 a.m. to 8:46 a.m.
8:46:12 AM
REPRESENTATIVE HUGHES, referring to the last Further Resolved of
Version H, expressed concern with regard to the cost to the
state if the governor directs the attorney general to perform a
complete review of the state's litigation. She noted that she
would speak to members of the House Judiciary Standing
Committee, the next committee of referral, regarding that
concern.
8:47:13 AM
REPRESENTATIVE DRUMMOND reminded the committee of Supreme Court
Justice Fabe's recent strong message about tribal justice and
the need to move forward. She recalled that the Judiciary has
done much work in that area, and therefore she opined that it
behooves the legislature to move forward arm-in-arm with the
Judiciary's suggestions and the resolution to allow tribes to
provide justice in remote communities.
8:48:05 AM
REPRESENTATIVE SEATON characterized the last Further Resolved of
Version H as merely legislative support for an initiative the
governor has already announced.
[CSHCR 1(CRA) was reported from committee.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| CSHCR 1 Amendment H.1 PROPOSED.pdf |
HCRA 3/10/2015 8:00:00 AM |
HCR 1 |
| CSHJR 3 Amendment W.1 PROPOSED.pdf |
HCRA 3/10/2015 8:00:00 AM |
HJR 3 |
| HB 104 Draft Committee Substitute, Version W.pdf |
HCRA 3/10/2015 8:00:00 AM |
HB 104 |