SB 95-SEARCH AND RESCUE SURPLUS STATE PROPERTY  3:42:35 PM VICE CHAIR CLAMAN announced that the next order of business would be CS FOR SENATE BILL NO. 95(STA), "An Act relating to the right of first refusal of a volunteer search and rescue group with respect to obsolete or surplus state property." 3:43:31 PM SENATOR DAVID WILSON, Alaska State Legislature, prime sponsor of CSSB 95(STA), provided a brief summary of the bill. He said the proposed legislation would allow volunteer search and rescue organizations to exercise the right to first refusal on surplus state property items related to search and rescue. VICE CHAIR CLAMAN opened public testimony on CSSB 95(STA). 3:45:08 PM MARK STIGAR, President, Alaska Search and Rescue Association, explained that volunteer search and rescue organizations received virtually no state funding. Sometimes the groups were reimbursed for costs incurred during specific operations, but no funding was provided upfront. He shared a personal anecdote and urged the committee to pass the bill. VICE CHAIR CLAMAN, after ascertaining there was no one else who wished to testify, closed public testimony on CSSB 95(STA). 3:47:56 PM REPRESENTATIVE KREISS-TOMKINS moved to adopt Amendment 1 to CSSB 95(STA), labeled 32-LS0593\I.2, Bannister, 4/28/22, which read: Page 1, line 12, following "section.": Insert "To qualify under this subsection, the group shall be organized as a nonprofit corporation under AS 10.20 or exercise the right of first refusal through and in the name of the municipality in which the group is located or a Native village council operating in the area in which the group is located that agrees to accept the property and use the property for search and rescue services. If the group exercises the right of first refusal through and in the name of a municipality or Native village council, the municipality or Native village council shall own the property." REPRESENTATIVE EASTMAN objected for the purpose of discussion. 3:48:18 PM HILLARY XANNIE BORSETH, Staff, Representative Jonathan Kreiss- Tomkins, Alaska State Legislature, on behalf of Representative Kreiss-Tomkins, explained that Amendment 1 would allow eligibility for the right of first refusal to a search and rescue group that was one of the following: an organized nonprofit corporation; procuring the property in the name of the Municipality in which the group is located; or associated with a Native village council operating in the area in which the group is located that agrees to accept the property and use the property for search and rescue services. She conveyed that the proposed amendment was drafted in response to the ambiguity associated with the term "group of volunteers that is organized to provide search and rescue services." She added that the purpose of Amendment 1 was to ensure that the relevant property was procured by an organized, official group providing ongoing search and rescue services to the community. VICE CHAIR CLAMAN asked for the bill sponsor's position on Amendment 1. SENATOR WILSON said it was always his intent that the equipment be entitled to a responsible entity for search and rescue purposes. He acknowledged that the proposed amendment helped to clarify that intent; therefore, he was supportive of Amendment 1. 3:49:56 PM REPRESENTATIVE EASTMAN asked whether the term "municipality" included both a city and a borough. MS. BORSETH stated that the intent was for any organized borough or municipal government to be included in the unlikely scenario that the search and rescue group was not a nonprofit organization. REPRESENTATIVE EASTMAN directed the question to Legislative Legal Services. 3:51:07 PM TERRY BANNISTER, Attorney, Legislative Legal Services, Legislative Affairs Agency (LAA), said there was a general definition of "municipality" in statute under AS 01.10.060(a)(4), which read: municipality" means a political subdivision incorporated under the laws of the state that is a home rule or general law city, a home rule or general law borough, or a unified municipality; REPRESENTATIVE EASTMAN sought to confirm that Amendment 1 was broad enough to encompass volunteer organizations that already fell under the "umbrella" of a municipality. MS. BANNISTER said a group would be eligible as long as it organized as a nonprofit under AS 10.20 [Alaska Nonprofit Corporation Act] or exercised the group in the name of a municipality or Native village council. REPRESENTATIVE EASTMAN asked what would happen if the municipality provided reimbursement for gas expenses or other expenses that the volunteers incurred during an on-call or emergency situation. MS. BANNISTER shared her understanding that it would depend on the interpretation of "volunteer." She pointed out that if a person was paid, it called into question his/her volunteer status. 3:55:22 PM SENATOR WILSON excused himself, as he was being called to present in the House Finance Committee. He directed all questions to his staff, Ms. Martin. REPRESENTATIVE EASTMAN considered a scenario in which the Matanuska-Susitna Borough provided small renumerations to volunteers who were not otherwise paid to perform the search and rescue functions. MS. BORSETH shared her belief that the sponsor of Amendment 1 would have no problem with that, as they were still inherently a search and rescue volunteer organization. She encouraged local governments or municipalities to support the volunteer groups. REPRESENTATIVE EASTMAN asked whether additional clarifying language was needed to ensure the inclusion of the organizations or entities in question. MS. BANNISTER underscored the common understanding that volunteers were not paid. She said clarifying language could be added; however, it could be misleading unless the bill title was changed. VICE CHAIR CLAMAN pointed out that countless nonprofit organizations had paid administrative staff. He sought to confirm that such an inclusion would not change their volunteer status. MS. BANNISTER said it was unclear. VICE CHAIR CLAMAN disagreed with Ms. Bannister's analysis. He emphasized that countless volunteer organizations that qualified as nonprofits had one or several paid employees on staff. 4:00:27 PM REPRESENTATIVE STORY asked whether out-of-state nonprofits were covered under Amendment 1. MS. BORSETH answered no, it would not include nonprofit organizations outside of Alaska. 4:01:23 PM REPRESENTATIVE EASTMAN asked whether government nonprofits were included in AS 10.20. MS. BANNISTER asked for a definition of government nonprofit. REPRESENTATIVE EASTMAN considered a scenario in which a volunteer group was operating under the auspices of a municipality or Native village council. He asked whether the nonprofit was sufficient to qualify under the AS 10.20 language on line 3 of Amendment 1. MS. BANNISTER answered, "They could be a nonprofit or they can exercise the right through the municipality or the Native village council. So, it doesn't matter they can do one or the other." 4:03:15 PM REPRESENTATIVE EASTMAN withdrew his objection to the motion to adopt Amendment 1. There being no further objection, Amendment 1 to CSSB 95(STA) was adopted. VICE CHAIR CLAMAN invited final comments on the underlying bill. 4:03:53 PM REPRESENTATIVE EASTMAN expressed his support for the bill. He stated his hope that a nonprofit organization, such as the Anchorage Fire Department, would not qualify as a volunteer organization under the bill, as their employees were full-time, salaried workers. In contrast, he expressed his hope that an organization, such as the Chugiak Volunteer Fire Department in Eagle River, would qualify for the benefits provided under CSSB 95(STA). 4:05:16 PM REPRESENTATIVE KAUFMAN stated his support for the bill. REPRESENTATIVE TARR expressed her support for the bill. 4:05:56 PM REPRESENTATIVE TARR moved to report CSSB 95(STA), as amended, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HCS CSSB 95(STA) was reported out of the House State Affairs Standing Committee.