Legislature(1999 - 2000)
02/17/2000 08:10 AM House CRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE COMMUNITY AND REGIONAL AFFAIRS
STANDING COMMITTEE
February 17, 2000
8:10 a.m.
MEMBERS PRESENT
Representative John Harris, Co-Chairman
Representative Carl Morgan, Co-Chairman
Representative Andrew Halcro
Representative Lisa Murkowski
Representative Fred Dyson
Representative Reggie Joule
Representative Albert Kookesh
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 255
"An Act relating to villages; and providing for an effective
date."
- HEARD AND HELD; ASSIGNED TO SUBCOMMITTEE
PREVIOUS ACTION
BILL: HB 255
SHORT TITLE: HOME RULE VILLAGES
Jrn-Date Jrn-Page Action
1/10/00 1886 (H) PREFILE RELEASED 12/30/99
1/10/00 1886 (H) READ THE FIRST TIME - REFERRALS
1/10/00 1886 (H) CRA, FIN
1/10/00 1886 (H) REFERRED TO CRA
2/17/00 (H) CRA AT 8:00 AM CAPITOL 124
WITNESS REGISTER
MARJORIE VANDOR, Assistant Attorney General
Governmental Affairs Section
Civil Division(Juneau)
Department of Law
PO Box 110300
Juneau, Alaska 99811-0300
POSITION STATEMENT: Expressed concerns with HB 255.
JOHN PEARSON, Economic Specialist
Hyder Community Association
P.O. Box 149
Hyder, Alaska 99923
POSITION STATEMENT: Supported HB 255.
KEVIN RITCHIE, Executive Director
Alaska Municipal League (AML)
217 Second Street
Juneau, Alaska 99801
POSITION STATEMENT: Testified that AML is interested in any
legislation dealing with municipalities; however, HB 255 has not
yet moved through AML's Local Government Committee.
PAT POLAND, Director
Division of Municipal & Regional Assistance
Department of Community & Economic Development
333 West Fourth Avenue, Suite 220
Anchorage, Alaska 99501-2341
POSITION STATEMENT: Provided information about current local
government practices and HB 255.
DAN BOCKHORST, Local Boundary Commission
Division of Municipal & Regional Assistance
Department of Community & Economic Development
333 West Fourth Avenue, Suite 220
Anchorage, Alaska 99501-2341
POSITION STATEMENT: Answered questions relating to HB 255.
ACTION NARRATIVE
TAPE 00-9, SIDE A
Number 0001
CO-CHAIRMAN HARRIS called the House Community and Regional
Affairs Standing Committee meeting to order at 8:10 a.m.
Members present at the call to order were Representatives Harris,
Morgan, Halcro, Murkowski, Dyson, Joule and Kookesh.
HB 255-HOME RULE VILLAGES
CO-CHAIRMAN HARRIS announced that the only order of business
before the committee would be HOUSE BILL NO. 255, "An Act
relating to villages; and providing for an effective date."
Number 0106
REPRESENTATIVE DYSON testified as the sponsor of HB 255. He
informed the committee that HB 255 is something he has wanted to
do for the three-plus years he has been in the legislature. He
pointed out that the constitution mandates that all be done to
allow and encourage communities to organize. However, he has
observed that the trend is moving towards disorganization due to
the limitations and financial responsibilities that come with
organization.
REPRESENTATIVE DYSON related how he became involved with the
issue of wanting to make it easier for small communities to
organize in a way that made sense for them, to allow the small
community to choose the responsibilities it wanted in order to
achieve a government that is practical for the community and
perhaps, culturally comfortable as well. Representative Dyson
commented that he has spent much time visiting with former
Senator Vic Fisher, a member of the Constitutional Convention,
who had made similar attempts at this in the past.
REPRESENTATIVE DYSON commented that the legislation began with
Version D, which was quite clumsy and did not get the job done.
Therefore, the committee has a proposed committee substitute (CS)
in the packet, which is largely based on the suggestions of the
staff of the Department of Community & Economic Development
(DCED). He noted his observation of DCRA struggling to find a
local entity in communities with which the department can do
business. The department has been eager for it to be easier for
the communities to organize.
REPRESENTATIVE DYSON explained that the proposed CS adds a new
category of a home rule second-class city which would be allowed
to define its own constitution or charter, the responsibilities
desired by that entity. Furthermore, a home rule second-class
city would be allowed to determine how it wants to organize and
support itself. Thus providing all the flexibility that first
class cities have, while allowing this new entity to choose which
responsibilities it wants and how it wants to organize.
Therefore, Representative Dyson hoped this legislation would
provide some of the already organized communities the flexibility
to divest themselves of some of the responsibilities that are too
difficult for them while organizing in a more comfortable
fashion. He requested that the committee adopt the proposed CS.
Number 0507
REPRESENTATIVE MURKOWSKI moved that the committee adopt CSHB 255,
version 1-LS1000\H, Cook, 1/24/00, as the working document before
the committee. There being no objection, it was so ordered.
REPRESENTATIVE DYSON predicted that the Department of Law will be
testifying to the need to change the name of the new category.
He explained that this prediction is based on comments from
Tamara Cook, Director, Legislative Legal Services, Legislative
Affairs Agency. He related that Ms. Cook said that the name
change is not necessary, although she believed that the
Department of Law would say that it is necessary. He listed the
various names he had developed thus far. Representative Dyson
felt that home rule second-class city sounded the best.
CO-CHAIRMAN HARRIS asked if the "home rule community" is the name
in question with regard to whether it fits legal parameters.
REPRESENTATIVE DYSON replied yes.
REPRESENTATIVE JOULE commented that when this matter was first
discussed, "it was in recognition that the real rub was between
tribes and whatever form of government that the state would allow
to be sanctioned or recognized." He asked what that does "to
eliminate the rub from the tribes?"
Number 0778
REPRESENTATIVE DYSON acknowledged that everyone approaches this
from a different perspective. He related his own perspective,
which is to allow as many communities as desire to organize under
state law. He mentioned that he is particularly interested in
Quinhagak, which is organized as an IRA (Indian Reorganization
Act) as well as a second-class city. Everyone sits down together
for the town meeting; it is an integrated approach. The City of
Quinhagak contracts with the tribe [Kwinhagak] to provide all the
city services.
REPRESENTATIVE JOULE surmised that Representative Dyson did not
see HB 255 as usurping what tribal governments will continue to
be able to do.
REPRESENTATIVE DYSON replied no and specified that it was not his
intention to do that, either. He said, "The rub will come, to be
frank - is to organize under state law with our constitution, the
selection of the city government probably cannot be done on a
racial basis or an ethnic basis." As long as the elections are
open, things would be fine under state law. He hoped that the
legislation would not cause any more divisions or dampen any
community's desire to do what it wanted under federal law.
REPRESENTATIVE JOULE read this bill to merely offer, but not
mandate, another option.
REPRESENTATIVE DYSON agreed.
CO-CHAIRMAN HARRIS asked if Representative Dyson had been in
contact with the Local Boundary Commission regarding this
legislation.
Number 0976
PETER TORKELSON, Staff to Representative Dyson, Alaska State
Legislature, informed the committee that they had been in contact
with Pat Poland, Director, Division of Municipal & Regional
Assistance, and Dan Bockhorst, Local Boundary Commission,
Division of Municipal & Regional Assistance. Through the
suggestions of Mr. Poland and Mr. Bockhorst, the proposed CS was
developed. The original bill did not provide for any new options
to existing second-class cities to which Mr. Poland and Mr.
Bockhorst commented that the largest need may be with the second-
class cities because there are very few Alaskans, relatively
speaking, who are not already under second-class cities.
Therefore, allowing second-class cities to adopt their own
charter became the soul of the proposed CS.
CO-CHAIRMAN HARRIS related his understanding that this
legislation would allow a second-class city the option of
becoming a home rule community and to choose the services that it
sees fit to offer.
REPRESENTATIVE DYSON added, "And write their own constitution."
CO-CHAIRMAN MORGAN inquired as to the difference between a
second-class city and home rule.
MR. TORKELSON pointed out that currently any unincorporated area
can choose to be a home rule city, but it must have a population
of 400. Furthermore, the home rule city would have to zone and
plat its land and have a full financial audit every year. Those
stipulations are barriers to an unincorporated area becoming a
home rule city. An existing second-class city cannot currently
choose to become a home rule city, but if it did have that option
it could determine the type of organization it wanted and what
exactly it wanted to accomplish. The key is flexibility.
REPRESENTATIVE JOULE inquired as to how difficult it would be for
the legislature - if this bill passes - to come back to this
issue and mandate that a home rule community/second-class city
would have to pick up some other responsibilities.
REPRESENTATIVE DYSON stated that only takes [a vote of] 21-11,
which is true now.
Number 1252
CO-CHAIRMAN HARRIS noted that he viewed this as a win-win
situation for communities that may be having difficulties staying
classified at their current status. He asked if Representative
Dyson saw any downsides with regard to tribal governments and the
like.
REPRESENTATIVE DYSON replied no. He emphasized that this bill
would expand the option. He said that he longed for the day when
the real and imaginary divisions in the state are ameliorated.
This legislation is helpful in providing another small step for
some flexibility. He hoped that folks would recognize this as an
attempt of the legislature to allow more flexibility under state
law. He commented that it can be daunting for a small community
to pick up platting or have to be a school district.
REPRESENTATIVE MURKOWSKI asked if there is any opposition to
this. She recalled that Representative Dyson had indicated that
Mr. Fisher had worked with the same concept for years, but had
not been able to reach this point. What has been the difficulty?
REPRESENTATIVE DYSON answered that he did not know. However, he
pointed out that there is a fair amount of suspicion in this
state. He said, "The only opposition that I understand is from
people who actually or believe that they have been badly treated
by the state and its been very awkward for them to deal with the
state." Therefore, those folks have significant reservations
with regard to anything the state does that involves their arena.
REPRESENTATIVE DYSON replied, in response to Representative
Halcro, that he has had interest in this even though he has not
publicized this.
Number 1563
MARGIE VANDOR, Assistant Attorney General, Governmental Affairs
Section, Civil Division (Juneau), Department of Law, stated that
she just had an opportunity to look at the proposed CS. She
pointed out that the constitution specifically states that all
local governments shall be in cities and boroughs. With that,
home rule status can only extend to cities and boroughs. She
imagined that home rule status could be extended to another
entity, just by redefining what a city is in statute. The
constitution goes further in saying that a city shall be governed
by and named the city council, while a borough is governed by an
assembly. Notwithstanding a charter, the constitution supercedes
a charter that would name its city council otherwise.
MS. VANDOR referred to the constitutional minutes, which
illustrate that there was much debate with regard to how areas
can organize and under what parameters. Section 11 of Article 10
allows the legislature to extend home rule status to other cities
and boroughs. She was not sure that the constitution allowed
renaming a new classification of local government a community.
Ms. Vandor informed the committee that she has been with the
Local Boundary Commission for over ten years and thus has
reviewed the government article a lot.
MS. VANDOR explained that the constitutional framers had
discussed many possibilities that ultimately resulted in use of
the terms of city and borough for organized government in the
state - to which the legislature could delegate taxing power.
She noted that there are two major supreme court cases on this
matter, State v. Alex and the Liberati case, which said that
local governments are not allowed to delegate that taxing power.
Therefore, Ms. Vandor believes the name is a problem. She said,
"I'm not certain ... calling something a home rule community and
then redefining 'city' to allow that to be considered a city is
accomplishing any more than allowing home rule status to a
second-class city." In conclusion, Ms. Vandor noted that she has
not had a chance to hear Ms. Cook's views on this matter.
CO-CHAIRMAN HARRIS inquired as to Ms. Vandor's view of the
differences between a home rule community and a second-class
city.
MS. VANDOR reiterated that "community" is not a recognized term
for local government in Alaska. Home rule can be extended to a
second-class city and allow adoption of a home rule charter. The
constitution does allow the legislature to extend home rule
status to other than first-class cities and first-class boroughs.
CO-CHAIRMAN HARRIS asked: If home rule status were extended to a
second-class city, would that second-class city be able to choose
which services it wanted to offer?
MS. VANDOR replied, "As long as you provide for it in state law
as to what things a second-class, home rule - what the mandatory
powers would be." She pointed out that all home rules have
certain mandatory powers notwithstanding their charters; those
are organic law. A home rule charter does allow more
personalized power. Although samples [of the home rule charter]
are given out, the mandatory powers are established by the
legislature in the law. If an area did become home rule, then
the area would qualify under the constitution as having all
powers that are not limited by law or by the charter.
REPRESENTATIVE MURKOWSKI surmised that this legislation should be
referred to the House Judiciary Committee. She asked if
Representative Dyson would object to that.
Number 1899
REPRESENTATIVE DYSON stated that he is eager to do this as well
as possible, this session. He believes this legal question can
be fixed by changing the name. He related his understanding that
if the option of expanding the existing second-class city
category through home rule were allowed, then the legislature
would have to determine at what size village platting and
becoming a school district should be mandated. With a new
category and a new name, that is not necessary. He asked if he
was correct.
MR. TORKELSON replied that is essentially correct. If home rule
status is opened up to second-class cities, then a line of
distinction has to be drawn. Currently, all home rule
communities are school districts and have to zone and plat land
as well as have a full financial audit. On the other hand, if
the community decides to move to this new class, then the
community is not a school district, and it does not have to plat
its land or have an audit. Therefore, the development of the new
name arose, and these essentially artificial distinctions do not
have to made.
CO-CHAIRMAN HARRIS asked if Ms. Vandor could be of help because
he did not want this to be problematic because he supports
Representative Dyson's intention. He indicated that help from
the Department of Law would be necessary if this legislation is
not referred to the House Judiciary Committee.
MS. VANDOR said she would be available and happy to help. She
restated that she had just had the opportunity to view the
proposed CS today and did not know that she had anything to offer
now without consulting with the Local Boundary Commission and
Representative Dyson.
REPRESENTATIVE KOOKESH recalled Ms. Vandor's comment about debate
on this issue with Ms. Cook. He expressed interest in having Ms.
Cook present at the next meeting.
MS. VANDOR said she had understood Representative Dyson to say
that Ms. Cook did not believe that the word "community" would be
problematic.
REPRESENTATIVE KOOKESH commented that the interpretation of law
is not an art form. He did not believe that the constitutional
framers wanted to exclude the number of communities that would be
excluded without adoption of legislation such as this.
Representative Kookesh expressed his concern that someone would
look at a CS and minutes later offer an opinion that would kill
the direction of the legislation. Therefore, he agreed with Co-
Chairman Harris that the committee needs help.
Number 2198
REPRESENTATIVE DYSON related his understanding that the problem
addressed by Ms. Vandor is not a "game stopper" and if a new name
were chosen, then the constitutional problem would be eliminated.
He clarified that Ms. Cook merely said that [the new name] may
not be necessary. Therefore, Representative Dyson said that he
did not have a problem with changing the name to eliminate "your"
[the Department of Law's] concern and the possible constitutional
concern. There is no downside to changing the name.
REPRESENTATIVE HALCRO suggested the name of limited home rule
borough. He asked if that would satisfy the concern.
MS. VANDOR commented that although she had never heard of a
limited home rule borough, she recognized that does not mean it
cannot be defined under state law. She agreed with
Representative Halcro that the limited home rule borough name
would address the constitutional question of only having boroughs
and cities. She informed the committee that even a unified
municipality, a term in state law that is not in the
constitution, took a city and a borough together. Therefore, the
underlying concept is not changed, which may also be the case
with a limited home rule borough.
REPRESENTATIVE HALCRO explained that he had suggested the name of
"limited home rule borough" because the "limited" would refer
back to the legislation's intent to allow the city or area to
limit its involvement.
MS. VANDOR said she believes that is the intent of this
legislation. However, Title 29 does specify certain limitations
on home rules. She indicated the need for more research. As a
drafting measure, she indicated her belief that allowing these
limited home rules to choose not to do some of these requirements
to be doable.
Number 2455
JOHN PEARSON, Economic Specialist, Hyder Community Association
(HCA), noted his support of HB 255. He informed the committee
that Hyder is an unincorporated community located on the U.S.-
Canada border. In addition to being the most eastern point in
Alaska, it is also Alaska's only border town. Furthermore, Hyder
allows the shortest distance by road between Alaska and the Lower
48. Often referred to as "Alaska's front door," Hyder is home to
approximately 130 individuals. There are only five year-round
jobs, of which only one is a full-time year-round job. The
highest wage in Hyder is $10.00 per hour. The distance between
Hyder and the nearest [other Alaskans] is 165 miles by water.
However, last fall the Department of Transportation and Public
Transportation (DOT/PF) eliminated all future ferry service to
Hyder in order to save funds. Mr. Pearson said that the
community is supportive of that because the Alaska Marine Highway
was taking a loss.
MR. PEARSON noted that the children in Hyder are exported to
Stewart, British Columbia, each day to go to school, which is
funded in part by the State of Alaska. Hyder lacks sewer and
water facilities. Therefore, the community operates a
noncompliant solid waste disposal site. Furthermore, there is
hazardous waste build-up that is the result of mining activity
which started around the turn of the last century. The community
is unable to get those dangerous items out of the community.
MR. PEARSON informed the committee that HCA is a nonprofit that
represents all of the interests of the residents in Hyder. The
association has a long history of providing for the people of
Hyder; its current functions include the operation of a fire
department, emergency aide service, a community library, a
community museum, snow removal, a summer visitor's center, a
noncompliant solid waste system, a television station and the
State of Alaska's small boat harbor. As a nonprofit, HCA also
administers grant opportunities as well as a very active economic
development program. In addition, HCA has a contract with DOT/PF
to maintain 14 miles of state roads in the area.
Number 2726
MR. PEARSON stated that HCA fully supports HB 255, which it
recognizes as an option to rural communities to meet the local
needs and concerns while avoiding bureaucratic red tape. This
legislation could provide rural communities the ability to meet
the critical local needs with local talents and capabilities.
Mr. Pearson noted that he is Co-Chair of the Regional Economic
Development Committee with the Southeast Conference. He believes
that a number of small communities could benefit from this bill,
particularly in the Prince of Wales area. However, it is very
difficult for many of these rural communities to participate in
this forum.
MR. PEARSON pointed out that often Hyder has identified a
potential funding source or service the community would like to
participate in. However, Hyder has been unable to participate
due to the lack of government organization. On the other hand,
HCA has been quite successful. A little over 18 months ago, HCA
became actively involved in the construction of a bottled water
project. As a result of the planning process and support from
the U.S. Department of Commerce Economic Development
Administration, Hyder will complete construction of the bottled
water plant in about four months and the first of 41 employees of
the plant will be hired. Unfortunately, Hyder received no
support from the state. However, Mr. Pearson hoped that the
community could receive some help from the state on the
transportation issue in the next few years.
MR. PEARSON informed the committee that the plant will
manufacture over 100,000 plastic bottles per day. The plant will
do the bottle [fill], cap, label and shipping. Also, a major
pallet manufacturing facility has been constructed. This
facility will create one new pallet every 48 seconds. In
closing, Mr. Pearson urged the committee's support of HB 255,
which he viewed as a major step forward for smaller communities.
REPRESENTATIVE MURKOWSKI asked what the enactment of HB 255 would
mean to Hyder. What would Hyder do differently under HB 255?
MR. PEARSON mentioned Hyder's involvement in the development of
Southeast Alaska's transportation plan. It was determined that
Hyder was off the map with regard to being part of that plan.
TAPE 00-9, SIDE B
MR. PEARSON informed the committee that Senator Torgerson made
available some funds that could be available for the marine
facility in Hyder. At that time Senator Torgerson had the notion
that Hyder would participate with the Inner Island Ferry
Authority. However, Hyder was not able to participate due to the
community's inability to secure the bond. Therefore, he thought
that HB 255 would provide an immediate help in the area of
transportation.
MR. PEARSON felt that there are a number of activities in Hyder
in which the community could become involved which would help the
regional economy. For example, every day there are at least 65
container trucks traveling south bound on the Alaska Highway.
The position of Hyder and Stewart would be "a natural" for the
development of marine facilities to take product coming out of
Southeast Alaska via barge into Hyder. Then inexpensive
transport of those goods to the East Coast could occur. He noted
that Hyder has put in a lot of time on the issue of
transportation and how it would relate to Hyder Waterworks. He
mentioned that all of the production from the Hyder bottled water
plant has been sold to areas down South. If this can be done
with water, Mr. Pearson said that Hyder can do it also with fish.
This legislation would help Hyder in its attempts to establish
facilities in Hyder.
Number 2820
REPRESENTATIVE DYSON commented that without recognition under
state law it is difficult for state agencies to give communities
such as Hyder a "place at the table." He indicated that the
Department of Community & Economic Development has struggled to
find an entity [in the rural areas] to establish a relationship
with.
MR. PEARSON commented that it has been an incredible two years in
putting this project together. He informed the committee that
this project only happened after a lady contacted him, after she
failed to receive any response from the Governor and the
Department of Commerce. About 72 hours after that initial
conversation, three folks from Detroit arrived, prepared to do
business.
REPRESENTATIVE KOOKESH said that when Representative Dyson put
this legislation together, many had the impression that just
Native communities were interested in participating. Therefore,
he highlighted that Hyder, a non-Native community is interested.
Number 2646
KEVIN RITCHIE, Executive Director, Alaska Municipal League (AML),
commented that AML is interested in any legislation dealing with
municipalities; however, HB 255 has not yet moved through AML's
Local Government Committee. Mr. Ritchie clarified, with regard
to the difference between a home rule city and a second-class
city, that the states as established by the U.S. Constitution are
set up as home rule states. Therefore, the states have all the
powers not reserved by the constitution. A second-class city can
currently do anything allowed specifically in law whereas a home
rule city can do anything not prohibited to it unless mandated by
law. A home rule city has a great deal more flexibility, which
is a real advantage. He said HB 255 actually allows a stronger
local home government, which he believes is a goal of Alaska's
constitution.
MR. RITCHIE explained that in an unorganized borough, a home rule
or a first-class city is literally a borough in that it has the
same responsibilities as a borough along with its own school
district. For example, Wrangell is a first-class/home rule
municipality with its own school district, as are Pelican and
Tanana. Those choices are difficult to make. Furthermore, if
there were another 50 communities that wanted to be home rule
municipalities in the state, there would suddenly be 50 more
school districts, which probably does not make sense. Even now,
there are small municipalities that have chosen to become home
rule cities; therefore, there is a district within a larger Rural
Education Attendance Area (REAA). Thus there are two school
districts in a relatively small area with a small population.
Number 2485
MR. RITCHIE noted that he has had many discussions with former
Senator Fisher, the Chair of the Local Government Committee of
the Constitutional Committee. He then commented that the problem
that cannot be resolved constitutionally is that a tribal
government is one that is run by members of the tribe. However,
a municipal government is one that is run by anyone within the
boundary of a particular area. Therefore, it is probably not
possible to reasonably merge the tribe and municipal concepts,
although HB 255 would appear to provide those in the district the
flexibility to talk about things in a manner similar to
Quinhagak.
MR. RITCHIE said that AML, as did the constitutional framers,
feels that the local government is the most effective way to
attack a problem. The structure of local government in Alaska is
in question in many rural areas simply because the structure of
funding, education and taxation needs to be considered.
Otherwise, things do not get done or they fall to the state.
Therefore, AML advocates continued funding when necessary for
small communities.
MR. RITCHIE answered, in response to Co-Chairman Harris, that he
believed a meeting is scheduled within two weeks. Since this
legislation offers an optional power, he did not foresee any
opposition to HB 255.
Number 2320
PAT POLAND, Director, Division of Municipal & Regional
Assistance, Department of Community & Economic Development,
testified via teleconference from Anchorage. As expressed by
others, Mr. Poland said that he was supportive of the end goal to
provide maximum flexibility and control at the local level. He
stated:
There has been reference to issues about school
districts, platting, planning and zoning and audits
with respect to home rule status, if we don't change
the name. That is true, generally speaking in the
unorganized borough; it is not true inside of organized
boroughs.
MR. POLAND informed the committee that there is also a provision
in state law that requires the commissioner of the Department of
Education [and Early Development] to approve the formation of any
school district with less than 250 children. That many children
roughly equates to 1,250 people. He noted that Tok, and perhaps
Glennallen, may be able to rise above that level.
MR. POLAND interpreted there to be an impression that currently
some communities are precluded from participation in the state's
local government system. He indicated that to be more of a
perception than a reality. This legislation does not change the
standards for municipal incorporation in that there must be 25
adult resident voter signatures on a petition in order for a
community to be incorporated. With regard to the suggestion that
there is a fair amount of red tape and mandatory powers
associated with second-class cities, Mr. Poland again did not
believe that to be an accurate representation. There are really
no mandatory powers for second-class cities, although second-
class cities do have to conduct elections and hold council
meetings; he expected those to be functions of any normal local
government. In fact, the true test would be whether there is a
demonstrated need for local government. Historically, the Local
Boundary Commission has been very permissive with regard to
whether that standard has been met.
MR. POLAND said that one of the positives he foresaw from the
potential home rule charter for second-class cities was relating
to communities such as Quinhagak. Quinhagak has entered into a
contractual relationship between the tribe and the second-class
city to define who provides public services, the nature of those
services, and the responsibilities of each body. The Quinhagak
situation is done on a contractual basis and thus is subject to
renegotiation each year and is approved by the respective
councils. He explained that if Quinhagak moved to a home rule
status, it would allow them to embody the substance of the
current agreement in a charter agreement that would be approved
by the community at large. It could also be subject to change by
the local voters. Therefore, he believed the credibility of the
Quinhagak approach would be enhanced.
Number 2032
REPRESENTATIVE JOULE asked if Mr. Bockhorst had any suggestions
with regard to the name of this new entity.
DAN BOCKHORST, Local Boundary Commission, Division of Municipal &
Regional Assistance, Department of Community & Economic
Development, commented that Ms. Vandor's concern with regard to
calling this entity something other than a city government is a
legitimate concern. With regard to the Representative Halcro's
suggestion of the name "limited home rule city," that is
certainly an option. As Ms. Vandor indicated, the intention of
HB 255 is clear, and the technical aspects can be addressed in an
easy manner.
REPRESENTATIVE DYSON thanked Mr. Poland and Mr. Bockhorst, who
had been very cooperative on this issue. He reiterated that the
proposed CS is largely the work of Mr. Poland and Mr. Bockhorst.
CO-CHAIRMAN HARRIS announced that he would hold HB 255 in order
to determine the name that best alleviates the aforementioned
concerns. Furthermore, a fiscal note is pending.
REPRESENTATIVE DYSON encouraged the committee to brainstorm on a
possible name. He indicated that the word "city" has to be
included in the name in order to avoid the potential
constitutional problem.
REPRESENTATIVE MURKOWSKI requested that the committee obtain an
opinion from Ms. Cook once a solution has been determined,
especially since this legislation is not going to the House
Judiciary Committee.
Number 1778
CO-CHAIRMAN HARRIS announced that he would appoint
Representatives Murkowski, Dyson and Kookesh to a subcommittee to
deal with this issue.
[HB 255 was held over.]
ADJOURNMENT
There being no further business before the committee, the House
Community & Regional Affairs Standing Committee meeting was
adjourned at 9:25 a.m.
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