Legislature(2005 - 2006)CAPITOL 124
05/07/2005 09:00 AM House COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB128 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| SB 128 | |||
ALASKA STATE LEGISLATURE
HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
May 7, 2005
9:01 a.m.
MEMBERS PRESENT
Representative Kurt Olson, Co-Chair
Representative Bill Thomas, Co-Chair
Representative Mark Neuman
Representative Sharon Cissna
Representative Woodie Salmon
MEMBERS ABSENT
Representative Pete Kott
Representative Gabrielle LeDoux
COMMITTEE CALENDAR
SENATE BILL NO. 128 am
"An Act relating to consideration by the Local Boundary
Commission of a requested borough incorporation."
- MOVED SB 128 am OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 128
SHORT TITLE: BOROUGH INCORP. IS NOT BOUNDARY CHANGE
SPONSOR(S): SENATOR(S) THERRIAULT
03/03/05 (S) READ THE FIRST TIME - REFERRALS
03/03/05 (S) CRA, JUD
03/21/05 (S) CRA AT 1:30 PM BELTZ 211
03/21/05 (S) Moved SB 128 Out of Committee
03/21/05 (S) MINUTE(CRA)
03/22/05 (S) CRA RPT 3DP 1NR
03/22/05 (S) DP: STEVENS G, WAGONER, KOOKESH
03/22/05 (S) NR: STEDMAN
04/06/05 (S) JUD AT 8:30 AM BUTROVICH 205
04/06/05 (S) Heard & Held
04/06/05 (S) MINUTE(JUD)
04/07/05 (S) JUD AT 8:30 AM BUTROVICH 205
04/07/05 (S) Scheduled But Not Heard
04/08/05 (S) JUD AT 8:00 AM CAPITOL 120
04/08/05 (S) Scheduled But Not Heard
04/12/05 (S) JUD RPT 3DP 2NR
04/12/05 (S) DP: SEEKINS, THERRIAULT, HUGGINS
04/12/05 (S) NR: FRENCH, GUESS
04/12/05 (S) JUD AT 8:00 AM CAPITOL 120
04/12/05 (S) Moved SB 128 Out of Committee
04/12/05 (S) MINUTE(JUD)
05/05/05 (S) TRANSMITTED TO (H)
05/05/05 (S) VERSION: SB 128 AM
05/06/05 (H) READ THE FIRST TIME - REFERRALS
05/06/05 (H) CRA
05/07/05 (H) CRA AT 9:00 AM CAPITOL 124
WITNESS REGISTER
DAVE STANCLIFF, Staff
to Senator Gene Therriault
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 128 on behalf of the sponsor,
Senator Therriault.
SALLY SADDLER, Legislative Liaison
Department of Commerce, Community, & Economic Development
Juneau, Alaska
POSITION STATEMENT: Stated the SB 128 am is acceptable to the
department.
ACTION NARRATIVE
CO-CHAIR KURT OLSON called the House Community and Regional
Affairs Standing Committee meeting to order at 9:12:30 AM.
Representatives Olson, Thomas, Neuman, and Cissna were present
at the call to order. Representative Salmon arrived as the
meeting was in progress.
The committee took an at-ease from 9:12 a.m. to 9:14 a.m.
SB 128-BOROUGH INCORP. IS NOT BOUNDARY CHANGE
9:14:06 AM
CO-CHAIR OLSON announced that the only order of business would
be SENATE BILL NO. 128 am, "An Act relating to consideration by
the Local Boundary Commission of a requested borough
incorporation."
9:14:08 AM
DAVE STANCLIFF, Staff to Senator Gene Therriault, Alaska State
Legislature, explained that SB 128 am addresses whether or not a
borough should be formed under Title 44. He turned attention to
page 1, lines 12-13, which specifies that if the Local Boundary
Commission (LBC) wants to use its constitutional prerogative to
form a borough under Title 44, it may. However, the legislature
will no longer mandate it.
9:15:20 AM
MR. STANCLIFF pointed out that if the constitution says the LBC
has the ultimate discretion to consider whether or not it uses
Title 44, then the question is whether the word "shall" really
has any meaning. He related that Senator Therriault feels that
with annexations and existing boundaries there may be reason for
that language to remain. However, if, for the origin of an
entirely new borough, the LBC decides to proceed under Title 44,
then it shouldn't be under the cover of a legislative mandate
but rather through the LBC's full discretion via the
constitution.
9:16:31 AM
MR. STANCLIFF highlighted the legislation's intent language,
which is intended to clarify that the legislature, through
adoption of this provision, doesn't intend to enlarge or
diminish the LBC's constitutional authority. However, the
intent language does not specifically reference Title 44 action
because the desire is for the intent language to be all-
inclusive and include Title 29, which is the traditional manner
in which boroughs are formed. Mr. Stancliff opined that this
legislation places [statute] more in harmony with the
constitution and states that should the LBC decide to proceed
under Title 44, it should do so own its own.
9:18:15 AM
MR. STANCLIFF, in response to Representative Neuman, related
that Title 44 is the legislative process, which seems to be a
bit of a misnomer. He related that the City of Whittier's
Council filed a request, under Title 44, that fell under the
mandate of the existing language. Therefore, the LBC said that
it had to consider the request to form a new borough around
Whittier. The LBC accepted the request and directed the
Division of Community Advocacy to draw up the boundary petition.
Unlike Title 29, which includes public hearings and a locally
generated petition, Title 44 is a faster track because it goes
around Title 29 and an agency of the executive [branch] creates
the petition. Although there will be public comment periods,
they are not at the same level as with the Title 29 process. As
policymakers, the legislators have to determine whether it's
comfortable with mandating that kind of process in the creation
of a new borough.
9:20:13 AM
MR. STANCLIFF informed the committee that the courts have not
ruled that a boundary change takes in incorporation or the
genesis of a new boundary. Until there is a clear court
definition as to whether the LBC simply has the power to change
or create boundaries, the effect of Title 44 is in question.
This is the first time in the state's history that the LBC has
used Title 44 for creation of an entirely new boundary.
9:21:00 AM
REPRESENTATIVE NEUMAN related his understanding then that Title
29 allows for public input into the process that will be used,
while Title 44 allows the LBC to form regulations without public
input.
MR. STANCLIFF opined that the public is much more involved in
the formation process of the borough under Title 29.
9:22:16 AM
SALLY SADDLER, Legislative Liaison, Department of Commerce,
Community, & Economic Development (DCCED), stated the SB 128 am
is acceptable to the department.
9:22:45 AM
CO-CHAIR OLSON, upon determining there was no one else who
wished to testify, closed public testimony.
9:22:55 AM
CO-CHAIR THOMAS moved to report SB 128 am out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, it was so ordered.
ADJOURNMENT
There being no further business before the committee, the House
Community and Regional Affairs Standing Committee meeting was
adjourned at 9:23 a.m.
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