Legislature(2017 - 2018)BELTZ 105 (TSBldg)
04/30/2018 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB374 | |
| HB410 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 374 | TELECONFERENCED | |
| + | HB 410 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
April 30, 2018
3:29 p.m.
MEMBERS PRESENT
Senator Click Bishop, Chair
Senator Anna MacKinnon
Senator Lyman Hoffman
Senator Bert Stedman
Senator Berta Gardner
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 374(L&C)
"An Act relating to on-bill financing by a utility for certain
energy efficiency and conservation improvements."
- MOVED SCS CSHB 374(CRA) OUT OF COMMITTEE
HOUSE BILL NO. 410
"An Act relating to the reinstatement of Native corporations;
and providing for an effective date."
- MOVED HB 410 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 374
SHORT TITLE: ON-BILL FINANCING OF ENERGY IMPROVEMENTS
SPONSOR(s): REPRESENTATIVE(s) WOOL
02/21/18 (H) READ THE FIRST TIME - REFERRALS
02/21/18 (H) ENE, L&C
03/01/18 (H) ENE AT 10:15 AM CAPITOL 17
03/01/18 (H) Heard & Held
03/01/18 (H) MINUTE(ENE)
03/08/18 (H) ENE AT 10:15 AM CAPITOL 17
03/08/18 (H) Moved CSHB 374(ENE) Out of Committee
03/08/18 (H) MINUTE(ENE)
03/09/18 (H) ENE RPT CS(ENE) 2DP 1NR 2AM
03/09/18 (H) DP: CLAMAN, WOOL
03/09/18 (H) NR: JOHNSON
03/09/18 (H) AM: JOHNSTON, RAUSCHER
03/16/18 (H) L&C AT 3:15 PM BARNES 124
03/16/18 (H) Heard & Held
03/16/18 (H) MINUTE(L&C)
03/26/18 (H) L&C AT 3:15 PM BARNES 124
03/26/18 (H) Heard & Held
03/26/18 (H) MINUTE(L&C)
03/31/18 (H) L&C AT 1:00 PM BARNES 124
03/31/18 (H) Moved CSHB 374(L&C) Out of Committee
03/31/18 (H) MINUTE(L&C)
04/02/18 (H) L&C RPT CS(L&C) NT 4DP
04/02/18 (H) DP: WOOL, JOSEPHSON, EDGMON, KITO
04/09/18 (H) TRANSMITTED TO (S)
04/09/18 (H) VERSION: CSHB 374(L&C)
04/10/18 (S) READ THE FIRST TIME - REFERRALS
04/10/18 (S) CRA
04/11/18 (S) CRA WAIVED PUBLIC HEARING NOTICE,RULE
23
04/12/18 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
04/12/18 (S) -- MEETING CANCELED --
04/17/18 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
04/17/18 (S) Heard & Held
04/17/18 (S) MINUTE(CRA)
04/18/18 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
04/18/18 (S) -- MEETING CANCELED --
04/20/18 (S) CRA AT 3:30 PM FAHRENKAMP 203
04/20/18 (S) -- MEETING CANCELED --
04/25/18 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
04/25/18 (S) Heard & Held
04/25/18 (S) MINUTE(CRA)
04/26/18 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
04/26/18 (S) -- MEETING CANCELED --
04/27/18 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
04/27/18 (S) -- MEETING CANCELED --
04/30/18 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
BILL: HB 410
SHORT TITLE: REINSTATEMENT OF NATIVE CORPS
SPONSOR(s): COMMUNITY & REGIONAL AFFAIRS
04/06/18 (H) READ THE FIRST TIME - REFERRALS
04/06/18 (H) CRA
04/12/18 (H) CRA AT 8:00 AM BARNES 124
04/12/18 (H) Moved HB 410 Out of Committee
04/12/18 (H) MINUTE(CRA)
04/17/18 (H) CRA RPT 5DP
04/17/18 (H) DP: RAUSCHER, LINCOLN, TALERICO,
PARISH, ZULKOSKY
04/17/18 (H) CRA AT 8:00 AM BARNES 124
04/17/18 (H) Moved HB 410 Out of Committee
04/17/18 (H) MINUTE(CRA)
04/26/18 (H) SESSION CANCELED 4/25 - ON 4/26
CALENDAR
04/26/18 (H) TRANSMITTED TO (S)
04/26/18 (H) VERSION: HB 410
04/27/18 (S) READ THE FIRST TIME - REFERRALS
04/27/18 (S) CRA, STA
04/30/18 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
ROB EARL, staff to Representative Wool
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Commented on HB 374.
PAUL LABOLLE, staff to Representative Foster
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Commented on HB 410 for the sponsor.
SARA CHAMBERS, Deputy Director
Division of Corporations, Business, and Professional Licensing
Department of Commerce, Community and Economic Development
Juneau, Alaska
POSITION STATEMENT: Answered questions on HB 410.
KATHY FAGERSTROM, Supervisor
Division of Corporations, Business, and Professional Licensing
Department of Commerce, Community and Economic Development
Juneau, Alaska
POSITION STATEMENT: Answered questions on HB 410.
ACTION NARRATIVE
3:29:50 PM
CHAIR CLICK BISHOP called the Senate Community and Regional
Affairs Standing Committee meeting to order at 3:29 p.m. Present
at the call to order were Senators Stedman, Hoffman, Gardner,
and Chair Bishop.
HB 374-ON-BILL FINANCING OF ENERGY IMPROVEMENTS
3:30:35 PM
CHAIR BISHOP announced consideration of HB 374. [Chair Bishop
had an outstanding objection to adopting SCS CSHB 374(CRA),
version 30-LS1333\S.]
ROB EARL, staff to Representative Wool, Alaska State
Legislature, Juneau, Alaska, briefly recapped HB 374 for the
committee.
CHAIR BISHOP said Mr. Therriault had been asked a specific
question by Senator MacKinnon and invited him to give the
committee a brief description of what he found.
3:31:53 PM
MR. THERRIAULT responded that Senator MacKinnon had asked about
how much the program was used across the nation and he touched
bases with the National Council of State Legislatures (NCSL),
and the Environmental and Energy Study Institute to get the most
updated information.
3:32:07 PM
SENATOR MACKINNON joined the meeting.
MR. THERRIAULT said it was explained to him that not all states,
depending on their utility regulations, needed a specific
statutory authorization, and that the State of Alaska falls into
the area of needing clarification. This information may be one
year old, but there are 80 on-bill programs being operated in 27
different states. Not all of them were linked to energy
efficiency, but the mechanism is in use. His correspondence
indicates that Illinois, Minnesota, and South Carolina are good
examples of statutes to follow and this legislation is patterned
after South Carolina's.
CHAIR BISHOP removed his objection to adopting version S, and
finding no further objection, announced that SCS CSHB 374(CRA)
version S, was adopted.
3:34:00 PM
SENATOR STEDMAN moved to report SCS CSHB 374(CRA), version 30-
LS1333\S, from committee with individual recommendations and
attached fiscal note(s). There were no objections and it was so
ordered.
CHAIR BISHOP noted the fiscal note was reviewed and did not
change with adoption of the Senate Committee Substitute; it is
still a zero fiscal note.
3:34:21 PM
At ease
HB 410-REINSTATEMENT OF NATIVE CORPS
3:35:49 PM
CHAIR BISHOP announced consideration of HB 410.
3:36:22 PM
PAUL LABOLLE, staff to Representative Foster, Alaska State
Legislature, Juneau, Alaska, said HB 410 is a one word amendment
found on page 1, line 9, that changes the date from 2006 to
2020.
He explained that this change has to do with the involuntary
dissolution of Native corporations. When any corporation,
including Native corporations, are involuntarily dissolved, they
can reincorporate, but they can't reincorporate as the same
entity. For Native village corporations, that proves to be
problematic as the assets and rights given to them under the
Alaska Native Claims Settlement Act (ANCSA) of 1971 are tied to
that specific corporation. This change will allow them to
reincorporate and still maintain their status and assets.
3:37:55 PM
SENATOR GARDNER asked how often this has happened and generally
how long a corporation has been dissolved before being reformed.
MR. LABOLLE replied that this bill had been introduced five
times, and the answer varies depending largely on the reason for
the dissolution. These are not major corporations like the 13
regional for-profit corporations. These are very small non-
professional organizations. Sometimes what happens is that the
president of that corporation moves out of town and no one
submits the paperwork. It could be two years, four years, until
people realize what is going on and what needs to be done to fix
it. In this case it's the Native village corporation that is
associated with Bill Moore's Slough.
SENATOR HOFFMAN asked why the timeframe for reinstatement is for
such a short time.
MR. LABOLLE answered that he was contacted by the Department of
Commerce, Community and Economic Development (DCCED) with a
potential fix that would be permanent and that would have been
to just remove the date entirely. However, the sponsors felt
uncomfortable rushing through the 24-hour rule to make a
permanent change on such short notice. But it is something that
Representative Edgmon's office and he will work on over the
interim.
SENATOR STEDMAN asked how many corporations they are dealing
with.
3:40:44 PM
MR. LABOLLE replied that 19 organizations would qualify under
this; the one he mentioned was simply the one that had contacted
the sponsor about their need to reinstate. In terms of the
number that have been historically reincorporated under
legislation like this, he would have to reach out to the
Department of Commerce, Community and Economic Development
(DCCED) for that answer.
SENATOR MACKINNON asked if there is a status benefit to Native
corporations in calling out for these changes.
MR. LABOLLE answered this specifically relates to the rights and
assets granted to the corporation under ANCSA. A corporation has
to have continuity in order to maintain those rights and assets.
SENATOR MACKINNON asked Mr. LaBolle how the administration
determines that new folks who are applying on behalf of the
corporation are part of the previous identified action.
SARA CHAMBERS, Deputy Director, Division of Corporations,
Business, and Professional Licensing, Department of Commerce,
Community and Economic Development (DCCED), Juneau, Alaska, said
that 19 different corporations have formed under this statute
since 2011. Some of them are the same small corporations being
involuntarily dissolved for the reasons that were mentioned
earlier. She explained that the department does quite a bit of
communication with all corporations of all kinds to let them
know, but if no one is there to receive the message, the
involuntary dissolution happens. Quite a few corporations would
qualify and could reinstate within that window, and HB 410 would
allow a temporary fix for the few who would fall within that
window to be able to reinstate while the sponsor is working on a
longer-term solution.
Redoing this every couple of years would be a policy call for
the legislature to make. Other corporations that are not Native
corporations are able to reinstate within two years.
CHAIR BISHOP noted that is under another section of law. Section
10 is specifically for Native corporations.
MS. CHAMBERS said that was correct and added that this section
refers back to the other section that refers to corporations in
general. If the bill were to pass, they would get a little bit
longer time to reinstate.
3:45:55 PM
SENATOR MACKINNON asked how the department knows who is part of
these village corporations if contact has been lost.
3:46:30 PM
KATHY FAGERSTROM, Supervisor, Division of Corporations, Business
and Professional Licensing Section, Department of Commerce,
Community and Economic Development (DCCED), Juneau, Alaska,
answered the filings they would submit, depending on the issue
causing the involuntary dissolution, would require a specific
signature, and it would be based on who is on record or who is
coming on record. If the reason for the dissolution was for a
lack of a biannual report, then the new biannual report would
identify the new officer and that would be the signature they
would look for on the document.
SENATOR MACKINNON asked how they know that the people who are
applying to continue to receive the assets were part of the
original settlement, because those assets are what they are
trying to retain.
MS. CHAMBERS answered that ANCSA is governed under a different
section of statute. Their division is basically the filing
entity for corporations and doesn't have a fiduciary
responsibility to ANCSA or the information available to make
that determination, other than to state which entities have
decided to incorporate under state law.
CHAIR BISHOP said in this particular corporation it would be
between the Bureau of Land Management (BLM) and the corporation,
because this has to do with a land transfer.
SENATOR HOFFMAN added that these instances happen in very small
communities with only 100 shareholders or something close to
that, and the administrator isn't proficient in following up
with the paperwork requirements. This happens with other
corporations that forget to recertify; he has actually forgotten
to recertify. He explained that the Native village corporations
have to hold annual shareholder meetings, and, in many cases,
they have a minimum of seven people and many of them are on the
boards for two to three decades.
3:50:20 PM
SENATOR MACKINNON said the shareholders have all the rights; so,
her question is does the department know who the shareholders
who are filing paperwork are?
MS. FAGERSTROM responded only if they report the names of the
shareholders. Statute requires that they only report the
shareholders who own 5 percent or more.
3:51:08 PM
CHAIR BISHOP opened public testimony, and finding none, closed
it. He mentioned the zero fiscal note.
3:51:39 PM
At ease
3:51:47 PM
CHAIR BISHOP called the meeting back to order.
SENATOR STEDMAN moved to report HB 410, version 30-LS1556\D,
from committee with individual recommendations and attached zero
fiscal note. There were no objections and it was so ordered.
3:52:11 PM
CHAIR BISHOP adjourned the Senate Community and Regional Affairs
Committee meeting at 3:52 p.m.