Legislature(1995 - 1996)

04/20/1995 01:05 PM House CRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
              HOUSE COMMUNITY AND REGIONAL AFFAIRS                             
                       STANDING COMMITTEE                                      
                         April 20, 1995                                        
                           1:05 p.m.                                           
 MEMBERS PRESENT                                                               
 Representative Ivan Ivan, Co-Chair                                            
 Representative Alan Austerman, Co-Chair                                       
 Representative Kim Elton                                                      
 Representative Al Vezey                                                       
 Representative Pete Kott                                                      
 MEMBERS ABSENT                                                                
 Representative Irene Nicholia                                                 
 Representative Jerry Mackie                                                   
 COMMITTEE CALENDAR                                                            
 HB 294:     "An Act relating to the procurement of construction               
             contracts for village safe water and hygienic sewage              
             disposal facilities and to contributions by the users             
             of the facilities."                                               
             HEARD AND HELD                                                    
 HB 154:     "An Act requiring the Department of Law to provide                
             guidelines regarding unconstitutional state and                   
             municipal takings of private real property; relating to           
             the taxation of private real property taken                       
             unconstitutionally by state or municipal action;                  
             establishing a time limit for bringing an action for an           
             unconstitutional state or municipal taking of private             
             real property; and providing for an effective date."              
             PASSED OUT OF COMMITTEE                                           
 WITNESS REGISTER                                                              
 WALTON SMITH, City Manager                                                    
 City of St. Mary's                                                            
 P.O. Box 163                                                                  
 St. Mary's, AK 99658                                                          
 Telephone: (907) 438-2575                                                     
 POSITION STATEMENT:  Testified against HB 294                                 
 BOB CHARLES, Vice President of Operations                                     
 Alaska Council of Village Presidents                                          
 P.O. Box 219                                                                  
 Bethel, AK 99559                                                              
 Telephone: (907) 543-3521                                                     
 POSITION STATEMENT:   Testified against HB 294                                
 GREG CAPITO                                                                   
 Village Safe Water Program                                                    
 Department of Community & Regional Affairs                                    
 400 Willoughby Avenue                                                         
 Juneau, AK 99801                                                              
 Telephone:  (907) 465-5137                                                    
 POSITION STATEMENT:  Testified against HB 294                                 
 TOM QUICK, Vice Mayor                                                         
 City of Ouzinkie                                                              
 P.O. Box 110                                                                  
 Ouzinkie, AK 99644                                                            
 Telephone: (907) 680-2209                                                     
 POSITION STATEMENT:  Testified against HB 294                                 
 WILLIAM J. HUNTER, City Manager                                               
 City of Bethel                                                                
 P.O. Box 388                                                                  
 Bethel, AK 99559                                                              
 Telephone: (907) 543-2047                                                     
 POSITION STATEMENT:  Testified on HB 294                                      
 CHUCK EGGENER                                                                 
 Box 232946                                                                    
 Anchorage, AK 99523                                                           
 Telephone:  (907) 349-1010                                                    
 POSITION STATEMENT:  Testified against HB 294                                 
 MARIE SANSONE, Assistant Attorney General                                     
 Department of Law                                                             
 P.O. Box 110300                                                               
 Juneau, AK 99811                                                              
 Telephone:  (907) 465-6726                                                    
 POSITION STATEMENT:  Testified on HB 294                                      
 TOM BOEDECKER, Borough Attorney                                               
 Kenai Peninsula Borough                                                       
 177 N. Birch Lane                                                             
 Soldotna, AK 99669                                                            
 Telephone:  (907)262-4441                                                     
 POSITION STATEMENT:  Testified against HB 154                                 
 JON ISAACS                                                                    
 308 G Street, No. 313                                                         
 Anchorage, AK 99523                                                           
 Telephone:  (907) 349-1010                                                    
 POSITION STATEMENT:  Testified against HB 154                                 
 BEN SUDDATH                                                                   
 Mile 1 Nash Road, Box 1291                                                    
 Seward, AK 99664                                                              
 Telephone:  Not Available                                                     
 POSITION STATEMENT: Testified on HB 154                                       
 BILL CUMMINGS, Assistant Attorney General                                     
 Department of Law                                                             
 P.O. Box 110300                                                               
 Juneau, AK 99811                                                              
 Telephone:  (907) 465-4164                                                    
 POSITION STATEMENT:   Testified against HB 154                                
 SARA HANNAN                                                                   
 Alaska Environmental Lobby                                                    
 P.O. Box 22151                                                                
 Juneau, AK 99801                                                              
 Telephone:  (907) 463-3366                                                    
 POSITION STATEMENT:  Testified against HB 154                                 
 TOM BOUTIN, Director                                                          
 Division of Forestry                                                          
 Department of Natural Resources                                               
 400 Willoughby Avenue                                                         
 Juneau, AK 99801-1754                                                         
 Telephone:  (907) 465-3379                                                    
 POSITION STATEMENT:  Testified against HB 154                                 
 CRAIG LYON, House Researcher                                                  
 Representative Vic Kohring                                                    
 Alaska State Legislature                                                      
 State Capitol, Room 428                                                       
 Juneau, AK 99801                                                              
 Telephone:  (907) 465-2186                                                    
 POSITION STATEMENT:  Testified in support of HB 154                           
 PREVIOUS ACTION                                                               
 BILL:  HB 294                                                               
 SPONSOR(S): REPRESENTATIVE(S) VEZEY                                           
 JRN-DATE     JRN-PG               ACTION                                      
 04/05/95      1026    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 04/05/95      1026    (H)   CRA, LABOR & COMMERCE, FINANCE                    
 04/11/95              (H)   CRA AT 01:00 PM CAPITOL 124                       
 04/18/95              (H)   CRA AT 01:00 PM CAPITOL 124                       
 04/18/95              (H)   MINUTE(CRA)                                       
 04/20/95              (H)   CRA AT 01:00 PM CAPITOL 124                       
 BILL:  HB 154                                                                
 SPONSOR(S): REPRESENTATIVE(S) KOHRING,Rokeberg,Kott                           
 JRN-DATE     JRN-PG               ACTION                                      
 02/03/95       237    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 02/03/95       237    (H)   CRA, JUD, FIN                                     
 02/16/95              (H)   CRA AT 01:00 PM CAPITOL 124                       
 02/21/95              (H)   CRA AT 01:00 PM CAPITOL 124                       
 02/21/95              (H)   MINUTE(CRA)                                       
 03/01/95       550    (H)   COSPONSOR(S): ROKEBERG                            
 03/09/95              (H)   CRA AT 01:00 PM CAPITOL 124                       
 03/09/95              (H)   MINUTE(CRA)                                       
 03/16/95              (H)   CRA AT 01:00 PM CAPITOL 124                       
 03/24/95       919    (H)   COSPONSOR(S): KOTT                                
 03/25/95              (H)   CRA AT 01:00 PM CAPITOL 124                       
 03/25/95              (H)   MINUTE(CRA)                                       
 04/20/95              (H)   CRA AT 01:00 PM CAPITOL 124                       
 ACTION NARRATIVE                                                              
 TAPE 95-15, SIDE A                                                            
 Number 000                                                                    
 CO-CHAIR IVAN IVAN called the House Community and Regional Affairs            
 Committee meeting to order at 1:05 p.m.  He noted the members                 
 present at the call to order were Representatives Ivan, Austerman,            
 Kott, Vezey and Elton.  The first bill for consideration was HB 294           
 -- Village Safe Water Bidding.  This was a continuation of the last           
 meeting.  Teleconferenced sites were Fairbanks, Anchorage, Homer,             
 Kodiak, Mat-Su, Seward, Kenai/Soldotna and Bethel.  He invited                
 Representative Vezey to make opening comments.                                
 Number 028                                                                    
 REPRESENTATIVE VEZEY stated he understood previous testimony to               
 indicate there would be a conflict of the statutes regarding                  
 contracting out the projects and force accounting.  He was not                
 aware of any conflict.  Another area of conflicting testimony was             
 regarding local hire.  He pointed out that one of the incentives to           
 local hire was that communities did not have to pay Little Davis              
 Bacon wages.  If that option was extended to contractors, he felt             
 it would be a great incentive for them to hire locally.  He felt              
 that the issue of prevailing or legally mandated wages might be an            
 issue the committee would want to investigate.  He indicated the              
 wages should apply equally.  He felt that going to a competitive              
 wage system would in no way restrict a local community from                   
 participating in the construction projects.                                   
 CO-CHAIR IVAN opened the testimony to teleconference participants.            
 The first site was Bethel.                                                    
 Number 120                                                                    
 WALTON SMITH, City Manager of St. Mary's, stated that he supported            
 the intent of the legislation; however, he felt that force                    
 accounting had provided quality work and excellent prices on their            
 projects.  He disagreed with the sponsor's statement that "only by            
 competitive bidding can we be assured that the funds spent for                
 these construction projects will result in the greatest value to              
 the state and the communities involved."  He did not believe that             
 competitive bid process did that.  The bidding process would                  
 require more engineering work, time to develop bid documents, etc.,           
 and delay the projects considerably.  He was also concerned that              
 contractor profit would increase the cost of the projects.  With              
 the city managing the project, profit was not a concern and local             
 hire was maximized.  This also facilitated training locals to care            
 for and operate the systems once completed.   He wondered what kind           
 of ethical standards were going to be implemented that weren't                
 already in place.  He expressed concern that contractors would                
 subcontract parts of the jobs with little oversight.  It was his              
 opinion that currently both options, force accounting and                     
 competitive bidding, existed and changing the system would not be             
 cost effective or efficient.                                                  
 Number 262                                                                    
 REPRESENTATIVE VEZEY stated that he felt the procurement                      
 procedures allowed for greater flexibility and didn't anticipate              
 that the competitive bid process would be more costly or time                 
 Number 293                                                                    
 MR. SMITH indicated that he felt the flexibility was already in the           
 statutes.  He thought the proposed legislation restricted that                
 flexibility.   He was concerned that this method would require                
 considerable more documentation and procedures which would be more            
 costly and inefficient.                                                       
 Number 348                                                                    
 REPRESENTATIVE VEZEY responded that standard specifications were              
 commonly utilized on all similar projects.  He was concerned that             
 a system was lacking to judge the efficiency of the programs.                 
 Contractors routinely bid on unit prices and did not require change           
 orders just because work was added or deleted.                                
 Number 390                                                                    
 MR. SMITH reiterated his fear that this would not allow for the               
 necessary flexibility to accomplish the project efficiently and               
 cited examples of situations he had been involved in where there              
 had been problems.  He reinforced his support of force accounting             
 and local hire.                                                               
 Number 464                                                                    
 BOB CHARLES, Vice President of Operations, Alaska Council of                  
 Village Presidents, and Chairman of the Rural Alaska Sanitation               
 Coalition,  expressed his opposition to the legislation.  He                  
 supported the force accounting concept and believed it promoted and           
 stimulated the local economy.  It gave the communities the ability            
 to determine how the sanitation project would be implemented.  He             
 felt it was important for the community to establish a feeling of             
 ownership of the project.  He questioned whether the lowest bidder            
 was always the best.  He felt it was essential that an                        
 understanding of village life and the problems involved be a strong           
 consideration in developing the projects.  Most often contractors             
 did not have this insight or personal investment in the community.            
 He thought the state should be promoting flexibility instead of               
 limiting them. He stated that the people he represented were                  
 opposed to the bill.                                                          
 Number 525                                                                    
 GREG CAPITO, Village Safe Water Program (VSWP), Department of                 
 Community and Regional Affairs, stated that it was his                        
 responsibility to assist with the planning, design, and building of           
 safe sanitation facilities in the bush.  The facilities, once                 
 completed, became owned and operated by the community and are not             
 owned by the state.  He indicated the department opposed the                  
 legislation.  It was the VSWP's belief that local government should           
 decided how a project must be built since they have to own and                
 operate the facility.  Ownership was integral to successful                   
 operation and maintenance of the facility.  He stated that                    
 administrators and city managers need as many alternatives as                 
 possible to complete the projects.  VSWP encourages a mix of force            
 accounting and contract construction to accomplish the projects.              
 He noted that approximately $8 million worth of projects were                 
 currently being bid.  The communities need the authority and                  
 responsibility to make these decisions.  He felt it was the                   
 contractor's responsibility to adapt to the needs of the remote               
 Number 584                                                                    
 REPRESENTATIVE VEZEY asked if it was accurate that local wages were           
 60 percent of the Little Davis Bacon wages.                                   
 MR. CAPITO answered that yes, 60 percent was correct.  For a force            
 account job, the local prevailing rate varied depending on the area           
 of the state.  The wage rate is adjusted up according to the skills           
 of the job required.  He estimated that, for an entry level                   
 position, the hourly rate would be $12-12.50 and up to $17-18 per             
 hour for a journeyman or skilled person.                                      
 REPRESENTATIVE VEZEY estimated those rates to be 35-40 percent of             
 the Davis Bacon rates.  He stated that Davis Bacon rates would run            
 from a low of about $31-32 to upwards of $41-44 per hour.   He                
 inquired as to why Mr. Capito felt that the contractor would have             
 to pay Davis Bacon wages.                                                     
 MR. CAPITO indicated that if local government does the job using              
 force accounts, the prevailing wage rate of that community is the             
 one that is employed.  If a licensed contractor does the same work            
 under the statutes, Davis Bacon wage rates kick in.                           
 REPRESENTATIVE VEZEY felt that the law stated that Title 36 wages             
 were not required on village safe water projects and indicated that           
 it was not the intent of the legislation to do so.  He stated the             
 funding source was a significant factor in whether the Davis Bacon            
 wages were used.  He also felt that if a contractor hired locally             
 there was not a need for the cost of a camp.                                  
 MR. CAPITO stated that he had never seen a project where a                    
 contractor came into a village and didn't bring his own people.               
 Housing, water and sewage are considerable problems under those               
 REPRESENTATIVE VEZEY felt that if a contractor could get employees            
 for $15 instead of $35, he would hire locally.                                
 MR. CAPITO indicated that the funding source was not the issue, but           
 that the statute clearly stated that, if the contractor paid the              
 people, they received Davis Bacon wages; if the local government              
 employed the workers, the local prevailing wage was used.                     
 TAPE 95-15, SIDE B                                                            
 Number 000                                                                    
 CO-CHAIR IVAN stated that the complexity of some projects                     
 automatically excludes force accounting in communities, but those             
 that could be handled at the local level were encouraged,                     
 particularly because of the bad economy.                                      
 Number 024                                                                    
 CO-CHAIR AUSTERMAN indicated it was his understanding that, if it             
 was force accounting, the workers were municipal employees and not            
 subject to the Davis Bacon; but if the municipality goes to                   
 competitive bid and contracts it out, those contract employees are            
 subject to Davis Bacon.                                                       
 REPRESENTATIVE VEZEY stated that it was his understanding the                 
 village safe water project were exempt from Title 36 if the funding           
 came through that source.                                                     
 Number 062                                                                    
 TOM QUICK, Vice Mayor of Ouzinkie, President of the Kodiak Island             
 Village Utility Council, and representing the Kodiak Area Native              
 Association on the Rural Alaska Sanitation Coalition, wanted to               
 emphasize cost isn't the only factor.  He was concerned about the             
 quality and on-going serviceability and viability of the projects.            
 Under force accounting, the local government wasn't in need of the            
 profit factor as was a private contractor.  Contractor interest               
 tends to be very short-term.  Use of local people provides a                  
 community resource and knowledge.  He cited problems he had                   
 encountered with contractors working in the villages, such as abuse           
 of the equipment, use of subcontractors, and a desire to get the              
 job done too quickly.  He expressed a strong concern for                      
 maintenance as an ongoing resource in the state of local Alaska               
 people to work with when there are problems or needs for future               
 planning of projects.                                                         
 Number 230                                                                    
 WILLIAM J. HUNTER, City Manager of Bethel, supported the idea of              
 competitive bidding in general; however, he felt local governments            
 needed options other than competitive bidding.                                
 Number 272                                                                    
 CHUCK EGGENER, Sanitary Engineer and Bush Contractor, explained               
 that he had been a contractor and brought a camp in to do the                 
 projects; however, in the last ten years, he had gone to a small              
 core group and utilizing local workers, essentially becoming a                
 force accounting construction management company.  He felt that               
 they build contractor quality projects at 35 percent less cost.  He           
 felt they had an excellent reputation for quality and efficiency.             
 He thought that the mechanism allowing communities to do force                
 accounting was working and there were a lot of spin-off benefits to           
 the local community.  He opposed the legislation.                             
 Number 346                                                                    
 REPRESENTATIVE VEZEY asked if there was an effort to establish a              
 regional wage scale.                                                          
 MR. EGGENER stated that you couldn't get good performers who are              
 skilled at their jobs to leave Anchorage for less than Davis Bacon            
 wages.  Local people are available, have a vested interest in the             
 outcome of the construction, and view it as an opportunity.                   
 Number 375                                                                    
 REPRESENTATIVE VEZEY asked if Mr. Eggener was able, as a                      
 contractor, to pay local or regional prevailing wages, would it               
 influence his decision as to the source of labor.                             
 MR. EGGENER indicated that it may to some extent, but the bidding             
 contractor, not knowing his labor, would bid a large contingency              
 just in case he couldn't get the quality of labor needed.                     
 REPRESENTATIVE VEZEY asked if he was testify the productivity                 
 wouldn't be any more or less, but that in a fixed price or unit               
 price bid a contractor would have to allow for contingencies.                 
 MR. EGGENER indicated that you were paying a lower wage, but you              
 were training the individuals.                                                
 REPRESENTATIVE VEZEY asked if by hiring workers at 35 percent less,           
 couldn't you afford to train them.                                            
 MR. EGGENER said he thought a contractor would take advantage of              
 that opportunity.                                                             
 Number 426                                                                    
 MARIE SANSONE, Assistant Attorney General, Department of Law,                 
 stated that the Department of Environmental Conservation had asked            
 the Department of Law to review the legislation.  She indicated               
 there were three areas of concern:  1) the bill as drafted                    
 conflicted with the state procurement code in at least one and                
 possibly several areas that would require amendments to the                   
 procurement code in order to avoid the conflict; 2) the bill was              
 ambiguous as to whether the recipient of a grant under the village            
 safe water program under Title 6 could continue to use force                  
 account labor, and there was some ambiguity as to the other                   
 recipients of the other types of grants that are covered by this              
 bill;  and 3) there were a number of provisions, terms and                    
 definitions in the bill that conflicted or differed from other                
 terminology that was used in the procurement code, in Title 36,               
 Title 37 or Title 46.  She elaborated on these issues and felt that           
 they needed to be clarified in order to carry out the true intent             
 of the legislation.                                                           
 Number 566                                                                    
 REPRESENTATIVE VEZEY asked if she would provide her comments in               
 writing.  He asked for clarification between AS 36.30 regarding               
 exempting grants.                                                             
 MS. SANSONE stated the provision of the procurement code that                 
 exempts the grants from the procurement code has the effect of                
 allowing the grantee to elect to use force accounting.  When the              
 grantee chooses to contract, they were required to follow the                 
 procurement code which would trigger the Little Davis Bacon Act.              
 Number 604                                                                    
 CO-CHAIR IVAN informed the committee that HB 294 would be held for            
 more hearings because of the affect it had on over 200 villages in            
 the state.                                                                    
 HB 154 - REGULATORY TAKING OF PRIVATE PROPERTY                              
 Number 620                                                                    
 CO-CHAIR IVAN then indicated the committee would take up HB 154               
 sponsored by Representative Kohring.  He asked that Co-Chair                  
 Austerman, representing the subcommittee on the bill, discuss the             
 concerns on the bill.                                                         
 CO-CHAIR AUSTERMAN stated the recommendations had been distributed            
 to committee members and Representative Kohring had provided a                
 response.   He noted that it had been suggested that the                      
 subcommittee recommendations be attached and forwarded to House               
 Judiciary since most of the issues were under their purview.                  
 Number 640                                                                    
 CO-CHAIR IVAN asked for testimony from those on teleconference,               
 starting with Tom Boedecker of Kenai.                                         
 Number 649                                                                    
 TOM BOEDECKER, Borough Attorney for Kenai Peninsula Borough,                  
 expressed his concerns regarding this legislation.  He interpreted            
 the focus of the sponsor to be dealing with takings by regulatory             
 action; however, the definition of governmental action was too                
 broad to be limited to that.  He also expressed concern regarding             
 assessments of property which may be redundant in existing law.  Of           
 particular concern to him were the guidelines to be developed by              
 the Attorney General (AG).  Under the bill it was specified the               
 guideline to be developed by the AG would not alter the law beyond            
 what the Constitution provides.  He felt the AG would be very                 
 conservative in the viewpoints and the guidelines, and would rule             
 that things were takings much more often than not.  It raised the             
 question of immunity of local officials.                                      
 TAPE 95-16, SIDE A                                                            
 Number 000                                                                    
 JON ISAACS, Anchorage, expressed concern on the current version and           
 preferred the C version which developed guidelines for government             
 to follow and has a much more reasonable definition of government             
 action.  It takes into account the effect of government takings on            
 property tax.  He felt the K version of the bill was too broad and            
 would create a legal and financial nightmare for both state and               
 local governments and private citizens.                                       
 Number 048                                                                    
 BEN SUDDATH, testified via teleconference from Seward, outlining              
 personal problems he had encountered regarding this issue.                    
 Number 131                                                                    
 BILL CUMMINGS, Assistant Attorney General, Department of Law,                 
 indicated he thought this legislation was quite revolutionary and             
 felt there were some serious questions that needed to be addressed.           
 He stated there were provisions in the legislation that were                  
 unconstitutional, ambiguous, and major departures from public                 
 policy.  His main concern was the constitutional issues which were            
 in Section 3 of the bill.  He felt there was a question of what the           
 effect was to be of the guidelines the AG was to prepare.  The                
 Constitution gave only the legislature the right to enact laws.               
 Under the provisions of the bill, funding of the damage award was             
 to come from the budget of the agency doing the taking.  He                   
 indicated there was a constitutional problem in that appropriations           
 are made to the agency for certain activities and can't be spent              
 for other things.  Another problem was that a person who suffers a            
 regulatory taking was to be fully compensated.  The problem was the           
 definition does not include all the constitutional provisions                 
 already provided.  The final problem he felt was with the interest            
 provisions using the London Interbank rate.  The norm in Alaska is            
 to pay the legal interest rate which is currently set by statute at           
 10.5 percent and also applies in condemnation cases.  Many of the             
 takings in this bill result from physical invasions or depravation            
 of the benefits of ownership.  In the cases where the London                  
 Interbank rate would be lower than 10.5 percent, the people would             
 have a great chance of prevailing on a constitutional argument that           
 they were denied equal protection under the law because there is no           
 logical difference between a person experiencing an administrative            
 taking and one who experiences a more traditional taking.   One               
 other area of concern was the taking of access from property.  The            
 bill provides that payment be made for depravation of access and is           
 left with two provisions; to buy out the parcel of land or provide            
 access to it.  Buying out the land is good public policy; however,            
 providing access in addition to paying for damages is like double             
 Number 265                                                                    
 SARA HANNAN, Alaska Environmental Lobby, expressed strong                     
 opposition to the bill.  She also expressed strong disagreement               
 with the idea of passing this legislation on to the next committee            
 without addressing the problems identified.                                   
 Number 318                                                                    
 CO-CHAIR IVAN noted that the subcommittee had brought forward                 
 issues that the House Judiciary Committee would better address.               
 Number 323                                                                    
 TOM BOUTIN, Director, Division of Forestry, Department of Natural             
 Resources, stated this legislation would be devastating to the                
 Alaska Forest and Resources Practices Act.  The Act statutorily               
 requires a great deal of protection of fish habitat and water                 
 quality that are takings under HB 154.  In Southeast Alaska alone,            
 for buffer strips, he felt that the impact could be as much as $200           
 million.  The division's budget was only $7 million annually, which           
 could not begin to cover the costs.  He reiterated that this                  
 legislation had severe ramifications on the Forest Practices Act              
 and would consider most of their actions as takings, which would be           
 very expensive.                                                               
 Number 361                                                                    
 CRAIG LYON, House Researcher to Representative Kohring, stated that           
 they appreciated the time the committee and subcommittee had taken.           
 He hoped the memo had addressed some of the concerns of the                   
 subcommittee and supported passing the legislation on to the House            
 Judiciary Committee.                                                          
 Number 371                                                                    
 REPRESENTATIVE KOTT stated he was concerned that the response to              
 the subcommittee's questions had only been received just prior to             
 the beginning of the committee meeting.                                       
 Number 384                                                                    
 REPRESENTATIVE VEZEY moved that the committee pass CSHB 154(CRA)              
 out of committee with individual recommendations and attach the               
 subcommittee's letter of recommendations for the next committee of            
 Number 392                                                                    
 REPRESENTATIVE ELTON expressed objection.  He expressed concern               
 that the committee should be incorporating village and municipal              
 input into the legislation.  He felt the legislation had tremendous           
 impact on local governments and should address the issues during              
 the interim as was the recommendation of the subcommittee.  He                
 noted that the Departments of Law and Natural Resources had                   
 presented many reservations.  He expressed a concern on the                   
 retroactivity clause in the bill and felt the committee was not               
 being responsible.  He maintained his objection.                              
 Number 450                                                                    
 CO-CHAIR IVAN asked for a roll call vote.  The motion was adopted             
 with Representatives Austerman, Ivan, Kott and Vezey voting in                
 favor of the motion and Representative Elton voting against the               
 motion.  Co-Chair Ivan noted that the bill had moved to the next              
 Number 458                                                                    
 CO-CHAIR IVAN noted that the next meeting was Tuesday, April 25               
 which would deal with SB 16, Increased Land Grants to the                     
 University of Alaska, and SB 6, Suspended Driver Licenses/Traffic             
 CO-CHAIR IVAN adjourned the House Community and Regional Affairs              
 Committee at 3:06 p.m.                                                        

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