04/22/1999 08:15 AM House CRA

HCR 6 - TASK FORCE:  TRANSFER STATE FUNCTIONS                                                                                   
                                                                                                                                
CO-CHAIRMAN HARRIS announced that the next order of business before                                                             
the committee would be HOUSE CONCURRENT RESOLUTION NO. 6,                                                                       
Establishing the Task Force on the Impacts of Transfers of                                                                      
Governmental Functions to Local Governments.                                                                                    
                                                                                                                                
PATRICK FLYNN, Legislative Assistant for Representative Berkowitz,                                                              
Alaska State Legislature, informed the committee that it should                                                                 
have a draft committee substitute (CS) based on the recommendations                                                             
from Tuesday's hearing.                                                                                                         
                                                                                                                                
Number 1340                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI moved that the committee adopt the                                                                     
proposed CSHCR 6, Version LS0803\G, Cramer, 4/20/99, as the working                                                             
document before the committee.  There being no objection, it was so                                                             
ordered.                                                                                                                        
                                                                                                                                
MR. FLYNN explained the changes in the proposed CS.  On page 1,                                                                 
line 5 language referring to the decline in daily production in oil                                                             
was inserted.  The Whereas clause on page 1, lines 11-12 was                                                                    
inserted.  The role of the federal government was included in the                                                               
task force on page 2, lines 1-3.  Page 2, lines 6-13 reduces the                                                                
number of appointees by the Senate President and the House Speaker                                                              
by one each and replaces them with two appointees appointed by the                                                              
AML and one appointee appointed by the Alaska Federation of Natives                                                             
(AFN) to represent the unincorporated borough.                                                                                  
                                                                                                                                
CO-CHAIRMAN HALCRO referred to page 2, lines 1-3 and asked if the                                                               
language provided the flexibility to address the tribal government.                                                             
                                                                                                                                
MR. FLYNN believed the language does allow that flexibility, but he                                                             
was open to making the language more explicit.                                                                                  
                                                                                                                                
REPRESENTATIVE MURKOWSKI referred to page 2, lines 14-15 which                                                                  
states that members are not entitled to travel or per diem                                                                      
payments.  She assumed that the members appointed by the AML and                                                                
AFN are those that are not entitled.                                                                                            
                                                                                                                                
MR. FLYNN clarified that the members appointed by the AML and the                                                               
AFN are not entitled to travel or per diem payments.  The                                                                       
legislature cannot give those members a per diem because that would                                                             
be an appropriation which must be done through natural bills.                                                                   
                                                                                                                                
Number 1559                                                                                                                     
                                                                                                                                
CO-CHAIRMAN HALCRO proposed an amendment on page 2, line 1, after                                                               
"state," insert "tribal".                                                                                                       
                                                                                                                                
CO-CHAIRMAN HARRIS asked if there were any objections.                                                                          
                                                                                                                                
REPRESENTATIVE KOOKESH believed that the amendment made sense.                                                                  
However, he indicated that perhaps the language "nonprofit" would                                                               
work better than "tribal".  Sometimes legislation has failed due to                                                             
the language "tribal".                                                                                                          
                                                                                                                                
REPRESENTATIVE DYSON appreciated both concerns.  However,                                                                       
Representative Dyson felt that Representative Kookesh was probably                                                              
being more wary than necessary.  There has been an interest to                                                                  
ensure that the legislature does not do anything to substantiate                                                                
any portions of Alaska falling into the "Indian Country" category.                                                              
Representative Dyson believed that "tribal" would work and be                                                                   
understood here.  Utilizing that language would work towards                                                                    
building bridges between rural and urban Alaska.                                                                                
                                                                                                                                
REPRESENTATIVE KOOKESH commented that in reality, the tribes do                                                                 
provide service to rural Alaska.  He said that he wanted to make                                                                
sure that the language did not hinder the bill's passage.                                                                       
                                                                                                                                
REPRESENTATIVE BERKOWITZ stated that the language would strengthen                                                              
the legislation.  He noted that he would like for the legislation                                                               
to be as inclusive as possible.  Representative Berkowitz                                                                       
suggested, "Just so the record is clear, I would include under that                                                             
'tribal', just for the intent in my mind, that it would include                                                                 
nonprofits."                                                                                                                    
                                                                                                                                
CO-CHAIRMAN HALCRO appreciated the intent that this is to be all                                                                
inclusive.                                                                                                                      
                                                                                                                                
CO-CHAIRMAN HARRIS noted that the resolution has a House Finance                                                                
Committee referral.  Co-Chairman Harris asked if there were any                                                                 
objections to the amendment.  There being no objections, the                                                                    
amendment was adopted.                                                                                                          
                                                                                                                                
Number 1827                                                                                                                     
                                                                                                                                
CO-CHAIRMAN HALCRO moved to report CSHCR 6, Version LS0803\G,                                                                   
Cramer, 4/20/99, as amended out of committee with individual                                                                    
recommendations and the accompanying zero fiscal note.  There being                                                             
no objection, it was so ordered.