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.