ALASKA STATE LEGISLATURE
HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
February 4, 2014
8:01 a.m.
MEMBERS PRESENT
Representative Gabrielle LeDoux, Co-Chair
Representative Benjamin Nageak, Co-Chair
Representative Neal Foster
Representative Bob Herron
Representative Kurt Olson
Representative Lora Reinbold
MEMBERS ABSENT
Representative Harriet Drummond
COMMITTEE CALENDAR
HOUSE BILL NO. 199
"An Act relating to Department of Public Safety regulations
allowing village public safety officers to carry firearms."
- MOVED HB 199 OUT OF COMMITTEE
HOUSE BILL NO. 223
"An Act authorizing municipalities to exempt or partially exempt
for up to 10 years property in a military facility zone that
creates or supports industry, development, or educational or
training opportunities."
- MOVED HB 223 OUT OF COMMITTEE
HOUSE BILL NO. 275
"An Act relating to electronic publication of certain municipal
notices and to publication and electronic distribution of
reports by state agencies."
- MOVED CSHB 275(CRA) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 199
SHORT TITLE: VPSO FIREARMS
SPONSOR(s): REPRESENTATIVE(s) EDGMON
04/04/13 (H) READ THE FIRST TIME - REFERRALS
04/04/13 (H) CRA, STA
01/28/14 (H) CRA AT 8:00 AM BARNES 124
01/28/14 (H) Heard & Held
01/28/14 (H) MINUTE(CRA)
02/04/14 (H) CRA AT 8:00 AM BARNES 124
BILL: HB 223
SHORT TITLE: MUNI TAX EXEMPTION: MIL. FACILITY ZONE
SPONSOR(s): REPRESENTATIVE(s) THOMPSON, ISAACSON, SADDLER, TARR
01/21/14 (H) PREFILE RELEASED 1/10/14
01/21/14 (H) READ THE FIRST TIME - REFERRALS
01/21/14 (H) CRA
02/04/14 (H) CRA AT 8:00 AM BARNES 124
BILL: HB 275
SHORT TITLE: ELECTRONIC DISTRIB. OF REPORTS/NOTICES
SPONSOR(s): REPRESENTATIVE(s) HAWKER
01/24/14 (H) READ THE FIRST TIME - REFERRALS
01/24/14 (H) CRA, STA
02/04/14 (H) CRA AT 8:00 AM BARNES 124
WITNESS REGISTER
REPRESENTATIVE BRYCE EDGMON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Spoke as the sponsor of HB 199.
REPRESENTATIVE STEVE THOMPSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Spoke as the sponsor of HB 223.
JIM DODSON, President
Fairbanks Economic Development Corporation
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 223.
REPRESENTATIVE MIKE HAWKER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Spoke as the sponsor of HB 275.
KATHIE WASSERMAN, Executive Director
Alaska Municipal League (AML)
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 275.
ACTION NARRATIVE
8:01:08 AM
CO-CHAIR GABRIELLE LEDOUX called the House Community and
Regional Affairs Standing Committee meeting to order at 8:01
a.m. Representatives Herron, Olson, Reinbold, Nageak, and
LeDoux were present at the call to order. Representatives
Foster and Herron arrived as the meeting was in progress.
HB 199-VPSO FIREARMS
8:02:05 AM
CO-CHAIR LEDOUX announced that the first order of business would
be HOUSE BILL NO. 199, "An Act relating to Department of Public
Safety regulations allowing village public safety officers to
carry firearms."
8:02:26 AM
REPRESENTATIVE BRYCE EDGMON, Alaska State Legislature, speaking
as sponsor of HB 199, acknowledged the comments and concerns
regarding whether the [VPSO] training regime is sufficient.
After speaking with the Department of Public Safety (DPS) and
members of the nonprofit community, Representative Edgmon opined
that the vetting process will be very thorough in terms of
selecting candidates to go to the Academy, and thus would be
more than adequate in terms of arming the initial slate of
VPSOs.
8:03:47 AM
CO-CHAIR LEDOUX reminded members that public testimony was
closed at the last meeting.
8:03:56 AM
REPRESENTATIVE REINBOLD related that she had the costs of a new
Alaska State Trooper versus the costs of a VPSO. The cost
difference is significant such that a VPSO costs hundreds of
thousands less than an Alaska State Trooper. She opined that
due to the budget situation, the costs need to be considered.
8:04:33 AM
CO-CHAIR NAGEAK moved to report HB 199 out of committee with
individual recommendations and the accompanying fiscal note.
There being no objection, HB 199 was reported from the House
Community and Regional Affairs Standing Committee.
8:04:58 AM
The committee took an at-ease from 8:04 a.m. to 8:07 a.m.
HB 223-MUNI TAX EXEMPTION: MIL. FACILITY ZONE
8:07:30 AM
CO-CHAIR LEDOUX announced that the next order of business would
be HOUSE BILL NO. 223, "An Act authorizing municipalities to
exempt or partially exempt for up to 10 years property in a
military facility zone that creates or supports industry,
development, or educational or training opportunities."
8:07:39 AM
REPRESENTATIVE STEVE THOMPSON, Alaska State Legislature,
speaking as sponsor of HB 223, provided the following statement:
HB 223 gives permissive authority for a local
government to seek up to 10 years of a full or partial
property tax exemption in a military facility zone.
Military facility zones were established in the 27th
Alaska Legislature with House Bill 316 and they
designate areas in close proximity to military bases
where industrial or economic development will directly
enhance the bases' ability to fulfill its mission.
Military facility zones are used in other states as
vehicles to obtain and administer funds for business
development directly related to a military facility by
expansion of infrastructure that benefits both the
military and the civilian objectives.
House Bill 223 was drafted after I was approached by
the Fairbanks North Star Borough, who is currently
working on establishing a military facility zone in
the Interior. The needs of each community with a
military facility installation are unique. The bill
provides broad authority for a local property tax
exemption in a military facility zone to be
specifically defined by the individual community to
provide the maximum benefits to their installation and
to the region.
The military industry in Fairbanks contributes 30
percent of the gross community product and 38 percent
of the total labor dollars. Therefore, making a
military facility zone, a military base, one of the
largest economic drivers in the Fairbanks North Star
Borough. The borough narrowly escaped a [Base
Realignment and Closure] BRAC attempt of Eielson Air
Force Base back in 2005 and recently, there was an
attempt and we nearly lost our F-16s off of Eielson.
This bill will expand on the financial incentives
provided by [House Bill] 316 and it is one more tool
for a local government to create better partnerships
with the military installations in their community.
This provides support to the missions that the armed
services do; it enhances the economic development
opportunities; it is there to assist in making
Alaska's military installations the best value choice
for expansion; and helps defend against potential
negative impacts through a future Defense base
realignment closure process.
8:11:29 AM
JIM DODSON, President, Fairbanks Economic Development
Corporation, spoke in favor of HB 223, which coupled with House
Bill 316, provides communities the ability to compete for the
military industry. The military industry in Alaska accounts for
16 percent of Alaska's economy and 17 percent of the state's
payroll. In Fairbanks, the military industry accounts for 30
percent of Fairbanks' economy and 38 percent of Fairbanks'
payroll. Therefore, the military industry, which is a very
competitive industry, is profitable for communities to have.
This legislation allows municipalities to recognize the
aforementioned and compete for the military industry in their
municipality. In closing, Mr. Dodson urged the committee's
support.
8:13:06 AM
CO-CHAIR LEDOUX, upon determining no one else wished to testify,
closed public testimony.
8:13:57 AM
REPRESENTATIVE OLSON remarked that HB 223 is good legislation.
8:14:33 AM
The committee took a brief at-ease.
8:14:54 AM
CO-CHAIR NAGEAK moved to report HB 223 out of committee with
individual recommendations and the accompanying fiscal note.
There being no objection, HB 223 was reported from the House
Community and Regional Affairs Standing Committee.
8:15:13 AM
The committee took an at-ease from 8:15 a.m. to 8:18 a.m.
HB 275-ELECTRONIC DISTRIB. OF REPORTS/NOTICES
8:18:11 AM
CO-CHAIR LEDOUX announced that the final order of business would
be HOUSE BILL NO. 275, "An Act relating to electronic
publication of certain municipal notices and to publication and
electronic distribution of reports by state agencies."
8:18:22 AM
REPRESENTATIVE MIKE HAWKER, Alaska State Legislature, speaking
as sponsor of HB 275, informed the committee that a couple of
years ago House legislation similar to HB 275 died in the final
committee of referral in the Senate. This legislation, HB 275,
mandates that certain reports prepared by state agencies are
distributed electronically rather than published in a paper
format and are readily accessible on the state's online public
notice system. He acknowledged that the legislature created
this problem by mandating that the state agencies produce
reports. Rather than doing an inventory of the reports and
determining what is or is not of continuing relevance, HB 275
proposes to make publishing of the reports more efficient,
effective, and less expensive by using electronic publishing.
Municipalities in the state, specifically the Municipality of
Anchorage, have requested the second component of HB 275, which
allows municipalities to adopt ordinances that would allow the
municipality to post their own public notices on a web site
available to the public rather than having to print them in a
newspaper of general distribution. Representative Hawker then
directed attention to the sectional analysis and reviewed that
Sections 1-3 are about the aforementioned municipal provisions.
Section 4 adds the electronic reports of state agencies to the
list of items to be placed on the state's online public notice
system maintained by the lieutenant governor. Section 5
addresses the electronic distribution and posting. He then
emphasized that it's difficult to know the impact of the mandate
in HB 275 on each state agency. Therefore, the legislation
includes particular exceptions on page 5, lines 1-6. The
language on page 5, lines 13-17, specifies that the use of a
professional contracted photographer [for the graphic design and
photographs] of the report is only allowed if no other qualified
agency employee is available or if it would be cheaper to hire a
contractor. He then reviewed the definitions provided on page
5, lines 18-26. He noted that HB 275 includes two fiscal notes,
including one from the Office of the Lieutenant Governor that
specifies HB 275 can be implemented with no additional changes
for use of the online public use system. The second fiscal note
specifies that HB 275 creates no cost to the state, but will
have cost savings albeit an unknown amount.
8:28:42 AM
REPRESENTATIVE HERRON related his understanding that HB 275
implies that municipalities can publish both the newspaper and
electronic public notice.
REPRESENTATIVE HAWKER explained that the concept is to empower
municipalities to make the decision because statute already
specifies that municipalities must publish notice in newspapers
of general circulation. He stated his belief in the state not
making mandates. This legislation doesn't mandate that every
municipality in the state subject to these publication notices
establish an Internet web site. In specific response to
Representative Herron, Representative Hawker confirmed that
municipalities can both [publish the notice in a newspaper and
electronically].
8:30:18 AM
REPRESENTATIVE HERRON referred to the language on page 2, lines
23-24, which read: "a municipality may by ordinance provide for
electronic publication by posting the notice for three
consecutive weeks on a municipal Internet website accessible to
the public". He then asked if the language could be changed to
refer to 21 consecutive days.
REPRESENTATIVE HAWKER answered that [the committee could change
the language] to whatever suits its pleasure.
8:30:48 AM
REPRESENTATIVE HERRON asked if there has been any push back from
small businesses in terms of a reduction in the advertising of
small businesses.
REPRESENTATIVE HAWKER pointed out that this is the first
committee of referral for HB 275 and he hasn't received any push
back at this time. However, he noted his expectation to hear
from those entities that run the publishing corporations as it's
in their best interest to have special interest legislation
supporting their business, although he wasn't sure it's in the
[state's] best interest to do so.
8:31:41 AM
REPRESENTATIVE REINBOLD characterized HB 275 as a positive step,
noting that the private sector has already been addressing such
matters.
REPRESENTATIVE HAWKER commented that HB 275 addresses just the
tip of the iceberg, but is a realistic and appropriate place to
start.
8:32:27 AM
REPRESENTATIVE FOSTER agreed with the sponsor regarding the
thick annual reports and fancy photographs that aren't
necessary. However, he expressed concern with those rural
communities that don't have access to the Internet. Therefore,
he inquired as to the sponsor's thoughts on the aforementioned
situation and perhaps exempting those communities of certain
smaller size.
REPRESENTATIVE HAWKER said although he shares Representative
Foster's concern, he believes the permissive nature of HB 275
accommodates that concern. The legislation exempts those
communities that want to be exempted while empowering those that
wish to utilize the Internet for online publications.
Representative Hawker clarified that he doesn't want to guess
the needs or wishes of any communities, which is why HB 275 is
permissive and doesn't impose a mandate on either side of the
issue.
8:35:49 AM
CO-CHAIR LEDOUX posed a scenario in which there is a foreclosure
and related her assumption that the individual who is being
foreclosed on would receive written notice through the postal
service not just Internet notice.
REPRESENTATIVE HAWKER clarified that HB 275 only addresses the
municipal entity that might be foreclosing posting notice of
redemption periods and such and has nothing to do with the legal
process of executing a foreclosure. He further clarified that
all of the legal actions and notices required to be delivered to
the involved parties are unaffected by HB 275, only
municipalities' publishing public notices regarding that
activity are impacted.
8:37:17 AM
REPRESENTATIVE FOSTER then expressed concern that the proposal
in HB 275 changes public notice to a public search.
REPRESENTATIVE HAWKER said that he holds that concern as well.
In conversations with [the operator of] the online public notice
system, he said the concept would be that they would publish the
notice and maintain an index that would make it easier to locate
and identify these reports. He emphasized that it's incumbent
upon the state to continue to recognize the need to make this
information readily accessible to the public in a format that is
intuitive and easy to access.
8:39:41 AM
CO-CHAIR LEDOUX opened public testimony.
8:42:06 AM
KATHIE WASSERMAN, Executive Director, Alaska Municipal League
(AML), thanked Representative Hawker for sponsoring HB 275,
particularly as it provides communities the ability to decide
what works best for them. She acknowledged Representative
Foster's concerns, but pointed out that the smaller the
communities, the more contact the city employees have with the
public on a day-to-day basis. Therefore, when something isn't
properly posted [in smaller communities], one suffers mightily
for it. Ms. Wasserman noted that the majority of her job is
spent helping municipalities operate more efficiently and
effectively. She opined that although the proposal in HB 275
may be ahead of its time for some of the smaller communities, it
is needed and AML stands ready to help communities work through
this proposal. In conclusion, Ms. Wasserman related support for
HB 275.
8:44:56 AM
CO-CHAIR LEDOUX, upon determining no one else wished to testify,
closed public testimony.
8:45:13 AM
REPRESENTATIVE HAWKER noted his appreciation for the committee's
consideration of HB 275.
8:45:30 AM
CO-CHAIR LEDOUX remarked that she really likes HB 275.
8:46:14 AM
REPRESENTATIVE HAWKER, speaking to an amendment included in the
committee packet, acknowledged that the language "without a
specific request" on page 5, lines 20-21, is a bit vague. The
language is meant to address those things agencies generate that
one doesn't call up and request. There was the thought that the
language might be redundant because the language on page 5,
lines 5-6, provides the head of an agency or its designee to
operate its agency. Representative Hawker said he had no
problem with passing the amendment.
8:47:40 AM
REPRESENTATIVE REINBOLD moved to adopt the following amendment,
labeled 288-LS0999\C.1, Nauman, 1/31/14:
Page 5, lines 20 - 21;
Delete "without a specific request"
CO-CHAIR LEDOUX objected for discussion purposes. There being
no discussion, Co-Chair LeDoux withdrew her objection.
There being no further objection, the amendment was adopted.
8:48:12 AM
CO-CHAIR NAGEAK moved to report HB 275, as amended, out of
committee with individual recommendations and the accompanying
fiscal note. There being no objection, CSHB 275(CRA) was
reported from the House Community and Regional Affairs Standing
Committee.
8:48:43 AM
ADJOURNMENT
There being no further business before the committee, the House
Community and Regional Affairs Standing Committee meeting was
adjourned at 8:48 a.m.