Legislature(2021 - 2022)GRUENBERG 120
05/05/2022 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB66 | |
| SB95 | |
| SB182 | |
| SB36 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 66 | TELECONFERENCED | |
| += | SB 95 | TELECONFERENCED | |
| += | SB 182 | TELECONFERENCED | |
| + | SB 36 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 95-SEARCH AND RESCUE SURPLUS STATE PROPERTY
3:42:35 PM
VICE CHAIR CLAMAN announced that the next order of business
would be CS FOR SENATE BILL NO. 95(STA), "An Act relating to the
right of first refusal of a volunteer search and rescue group
with respect to obsolete or surplus state property."
3:43:31 PM
SENATOR DAVID WILSON, Alaska State Legislature, prime sponsor of
CSSB 95(STA), provided a brief summary of the bill. He said the
proposed legislation would allow volunteer search and rescue
organizations to exercise the right to first refusal on surplus
state property items related to search and rescue.
VICE CHAIR CLAMAN opened public testimony on CSSB 95(STA).
3:45:08 PM
MARK STIGAR, President, Alaska Search and Rescue Association,
explained that volunteer search and rescue organizations
received virtually no state funding. Sometimes the groups were
reimbursed for costs incurred during specific operations, but no
funding was provided upfront. He shared a personal anecdote and
urged the committee to pass the bill.
VICE CHAIR CLAMAN, after ascertaining there was no one else who
wished to testify, closed public testimony on CSSB 95(STA).
3:47:56 PM
REPRESENTATIVE KREISS-TOMKINS moved to adopt Amendment 1 to CSSB
95(STA), labeled 32-LS0593\I.2, Bannister, 4/28/22, which read:
Page 1, line 12, following "section.":
Insert "To qualify under this subsection, the
group shall be organized as a nonprofit corporation
under AS 10.20 or exercise the right of first refusal
through and in the name of the municipality in which
the group is located or a Native village council
operating in the area in which the group is located
that agrees to accept the property and use the
property for search and rescue services. If the group
exercises the right of first refusal through and in
the name of a municipality or Native village council,
the municipality or Native village council shall own
the property."
REPRESENTATIVE EASTMAN objected for the purpose of discussion.
3:48:18 PM
HILLARY XANNIE BORSETH, Staff, Representative Jonathan Kreiss-
Tomkins, Alaska State Legislature, on behalf of Representative
Kreiss-Tomkins, explained that Amendment 1 would allow
eligibility for the right of first refusal to a search and
rescue group that was one of the following: an organized
nonprofit corporation; procuring the property in the name of the
Municipality in which the group is located; or associated with a
Native village council operating in the area in which the group
is located that agrees to accept the property and use the
property for search and rescue services. She conveyed that the
proposed amendment was drafted in response to the ambiguity
associated with the term "group of volunteers that is organized
to provide search and rescue services." She added that the
purpose of Amendment 1 was to ensure that the relevant property
was procured by an organized, official group providing ongoing
search and rescue services to the community.
VICE CHAIR CLAMAN asked for the bill sponsor's position on
Amendment 1.
SENATOR WILSON said it was always his intent that the equipment
be entitled to a responsible entity for search and rescue
purposes. He acknowledged that the proposed amendment helped to
clarify that intent; therefore, he was supportive of Amendment
1.
3:49:56 PM
REPRESENTATIVE EASTMAN asked whether the term "municipality"
included both a city and a borough.
MS. BORSETH stated that the intent was for any organized borough
or municipal government to be included in the unlikely scenario
that the search and rescue group was not a nonprofit
organization.
REPRESENTATIVE EASTMAN directed the question to Legislative
Legal Services.
3:51:07 PM
TERRY BANNISTER, Attorney, Legislative Legal Services,
Legislative Affairs Agency (LAA), said there was a general
definition of "municipality" in statute under AS
01.10.060(a)(4), which read:
municipality" means a political subdivision
incorporated under the laws of the state that is a
home rule or general law city, a home rule or general
law borough, or a unified municipality;
REPRESENTATIVE EASTMAN sought to confirm that Amendment 1 was
broad enough to encompass volunteer organizations that already
fell under the "umbrella" of a municipality.
MS. BANNISTER said a group would be eligible as long as it
organized as a nonprofit under AS 10.20 [Alaska Nonprofit
Corporation Act] or exercised the group in the name of a
municipality or Native village council.
REPRESENTATIVE EASTMAN asked what would happen if the
municipality provided reimbursement for gas expenses or other
expenses that the volunteers incurred during an on-call or
emergency situation.
MS. BANNISTER shared her understanding that it would depend on
the interpretation of "volunteer." She pointed out that if a
person was paid, it called into question his/her volunteer
status.
3:55:22 PM
SENATOR WILSON excused himself, as he was being called to
present in the House Finance Committee. He directed all
questions to his staff, Ms. Martin.
REPRESENTATIVE EASTMAN considered a scenario in which the
Matanuska-Susitna Borough provided small renumerations to
volunteers who were not otherwise paid to perform the search and
rescue functions.
MS. BORSETH shared her belief that the sponsor of Amendment 1
would have no problem with that, as they were still inherently a
search and rescue volunteer organization. She encouraged local
governments or municipalities to support the volunteer groups.
REPRESENTATIVE EASTMAN asked whether additional clarifying
language was needed to ensure the inclusion of the organizations
or entities in question.
MS. BANNISTER underscored the common understanding that
volunteers were not paid. She said clarifying language could be
added; however, it could be misleading unless the bill title was
changed.
VICE CHAIR CLAMAN pointed out that countless nonprofit
organizations had paid administrative staff. He sought to
confirm that such an inclusion would not change their volunteer
status.
MS. BANNISTER said it was unclear.
VICE CHAIR CLAMAN disagreed with Ms. Bannister's analysis. He
emphasized that countless volunteer organizations that qualified
as nonprofits had one or several paid employees on staff.
4:00:27 PM
REPRESENTATIVE STORY asked whether out-of-state nonprofits were
covered under Amendment 1.
MS. BORSETH answered no, it would not include nonprofit
organizations outside of Alaska.
4:01:23 PM
REPRESENTATIVE EASTMAN asked whether government nonprofits were
included in AS 10.20.
MS. BANNISTER asked for a definition of government nonprofit.
REPRESENTATIVE EASTMAN considered a scenario in which a
volunteer group was operating under the auspices of a
municipality or Native village council. He asked whether the
nonprofit was sufficient to qualify under the AS 10.20 language
on line 3 of Amendment 1.
MS. BANNISTER answered, "They could be a nonprofit or they can
exercise the right through the municipality or the Native
village council. So, it doesn't matter they can do one or the
other."
4:03:15 PM
REPRESENTATIVE EASTMAN withdrew his objection to the motion to
adopt Amendment 1. There being no further objection, Amendment
1 to CSSB 95(STA) was adopted.
VICE CHAIR CLAMAN invited final comments on the underlying bill.
4:03:53 PM
REPRESENTATIVE EASTMAN expressed his support for the bill. He
stated his hope that a nonprofit organization, such as the
Anchorage Fire Department, would not qualify as a volunteer
organization under the bill, as their employees were full-time,
salaried workers. In contrast, he expressed his hope that an
organization, such as the Chugiak Volunteer Fire Department in
Eagle River, would qualify for the benefits provided under CSSB
95(STA).
4:05:16 PM
REPRESENTATIVE KAUFMAN stated his support for the bill.
REPRESENTATIVE TARR expressed her support for the bill.
4:05:56 PM
REPRESENTATIVE TARR moved to report CSSB 95(STA), as amended,
out of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, HCS CSSB
95(STA) was reported out of the House State Affairs Standing
Committee.