Legislature(1993 - 1994)
1993-04-08 House Journal
Full Journal pdf1993-04-08 House Journal Page 1115 HB 254 The following was read the second time: HOUSE BILL NO. 254 "An Act relating to open meetings of governmental bodies; and amending Rule 82 of the Alaska Rules of Civil Procedure." 1993-04-08 House Journal Page 1116 HB 254 with the: Journal Page JUD RPT CS(JUD) NEW TITLE 3DP 2DNP 2NR 1066 -ZERO FISCAL NOTE (LAA) 4/7/93 1067 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 254(JUD) "An Act relating to open meetings of governmental bodies; and amending Rules 79 and 82 of the Alaska Rules of Civil Procedure." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Vezey: Page 2, line 22: Delete "or" Page 2, line 23: Delete "[MEETINGS OF A HOSPITAL MEDICAL STAFF; OR" Insert "meetings of a hospital medical staff; or" Page 2, line 24: Delete "] meetings of the governing body or any committee of a hospital" Insert "meetings of a public body [THE GOVERNING BODY OR ANY COMMITTEE OF A HOSPITAL] Representative Vezey moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. 1993-04-08 House Journal Page 1117 HB 254 Amendment No. 2 was offered by Representative Nordlund for Representative Davies: Page 3, line 7: After "court." Insert "Individual members of a public body may not be named in an action to enforce this section in court, although a knowing violation may constitute grounds for recall or for filing an ethics complaint under other law." Representative Nordlund moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 254(JUD) am Second Reading Amendment No. 2 YEAS: 6 NAYS: 23 EXCUSED: 11 ABSENT: 0 Yeas: Carney, B.Davis, Kott, Menard, Nicholia, Willis Nays: Barnes, Bunde, G.Davis, Finkelstein, Foster, Green, Hanley, Hudson, James, Larson, Mackie, MacLean, Martin, Moses, Mulder, Nordlund, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey Excused: Brice, Brown, Davidson, Davies, Grussendorf, Hoffman, Navarre, Olberg, Sitton, Ulmer, Williams And so, Amendment No. 2 was not adopted. 1993-04-08 House Journal Page 1118 HB 254 Amendment No. 3 was offered by Representative Nordlund: Page 2, lines 8 - 16: Delete all material. Renumber the following bill sections accordingly. Page 3, line 19: Delete "sec. 5" Insert "sec. 4" Representative Nordlund moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 254(JUD) am Second Reading Amendment No. 3 YEAS: 7 NAYS: 22 EXCUSED: 11 ABSENT: 0 Yeas: Carney, B.Davis, Finkelstein, Menard, Nicholia, Nordlund, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey Excused: Brice, Brown, Davidson, Davies, Grussendorf, Hoffman, Navarre, Olberg, Sitton, Ulmer, Williams 1993-04-08 House Journal Page 1119 HB 254 Hudson changed from "Yea" to "Nay". Nicholia changed from "Nay" to "Yea". And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Finkelstein: Page 1, lines 1 and 2 (title amendment): Delete "; and amending Rules 79 and 82 of the Alaska Rules of Civil Procedure" Page 3, lines 7 - 9: Delete ". In a court proceeding to enforce this section all parties shall bear their own costs and attorney fees" Page 3, lines 18 - 21: Delete all material. Representative Finkelstein moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 254(JUD) am Second Reading Amendment No. 4 YEAS: 10 NAYS: 19 EXCUSED: 11 ABSENT: 0 Yeas: Carney, B.Davis, Finkelstein, Kott, Larson, Menard, Nicholia, Nordlund, Parnell, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Mackie, MacLean, Martin, Moses, Mulder, Phillips, Porter, Sanders, Therriault, Toohey, Vezey 1993-04-08 House Journal Page 1120 HB 254 Excused: Brice, Brown, Davidson, Davies, Grussendorf, Hoffman, Navarre, Olberg, Sitton, Ulmer, Williams And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Nordlund for Representative Davies: Page 3, line 7: After "by a court" Insert "unless the court finds that it is not in the public interest that the action be voided" Representative Nordlund moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 254(JUD) am Second Reading Amendment No. 5 YEAS: 4 NAYS: 25 EXCUSED: 11 ABSENT: 0 Yeas: Menard, Nicholia, Nordlund, Willis Nays: Barnes, Bunde, Carney, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey Excused: Brice, Brown, Davidson, Davies, Grussendorf, Hoffman, Navarre, Olberg, Sitton, Ulmer, Williams And so, Amendment No. 5 was not adopted. 1993-04-08 House Journal Page 1121 HB 254 Amendment No. 6 was offered by Representative Finkelstein: Page 2, lines 5 and 6: Delete "unless the question is approved by unanimous consent" Representative Finkelstein moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSHB 254(JUD) am Second Reading Amendment No. 6 YEAS: 11 NAYS: 18 EXCUSED: 11 ABSENT: 0 Yeas: Carney, B.Davis, Finkelstein, Hanley, Kott, Larson, Menard, Nicholia, Nordlund, Parnell, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hudson, James, Mackie, MacLean, Martin, Moses, Mulder, Phillips, Porter, Sanders, Therriault, Toohey, Vezey Excused: Brice, Brown, Davidson, Davies, Grussendorf, Hoffman, Navarre, Olberg, Sitton, Ulmer, Williams And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representative Finkelstein for Representative Davies: Page 3, line 17: After "section" Insert "; attendance of members of a body at a meeting held by another body does not constitute a meeting of the first body" 1993-04-08 House Journal Page 1122 HB 254 Representative Finkelstein moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: CSHB 254(JUD) am Second Reading Amendment No. 7 YEAS: 14 NAYS: 15 EXCUSED: 11 ABSENT: 0 Yeas: Carney, B.Davis, Finkelstein, Green, Hanley, Hudson, Larson, Mackie, MacLean, Menard, Nicholia, Nordlund, Therriault, Willis Nays: Barnes, Bunde, G.Davis, Foster, James, Kott, Martin, Moses, Mulder, Parnell, Phillips, Porter, Sanders, Toohey, Vezey Excused: Brice, Brown, Davidson, Davies, Grussendorf, Hoffman, Navarre, Olberg, Sitton, Ulmer, Williams And so, Amendment No. 7 was not adopted. Amendment No. 8 was offered by Representative Finkelstein for Representative Davies: Page 3, line 10: Delete "a new subsection" Insert "new subsections" Page 3, after line 10: Insert a new subsection to read: "(g) If members of a public body discuss, at a gathering or by other means, a matter within the jurisdiction of the body, and if the number of members participating in the discussion equals at 1993-04-08 House Journal Page 1123 HB 254 least a majority of the quorum of the body, the discussion constitutes a meeting subject to this section. Notwithstanding the foregoing, if two members discuss, at a gathering or by other means, a matter within the jurisdiction of the body, and if two members are less than a quorum of the body, the discussion does not constitute a meeting subject to this section." Reletter the following subsection accordingly. Page 3, lines 13 and 14: Delete ", but only if the gathering includes at least a quorum of the membership" Page 3, line 16, following "unless": Insert "it is a meeting under (g) of this section or" Representative Finkelstein moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: CSHB 254(JUD) am Second Reading Amendment No. 8 YEAS: 8 NAYS: 21 EXCUSED: 11 ABSENT: 0 Yeas: Carney, B.Davis, Finkelstein, Mackie, Menard, Nicholia, Nordlund, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey 1993-04-08 House Journal Page 1124 HB 254 Excused: Brice, Brown, Davidson, Davies, Grussendorf, Hoffman, Navarre, Olberg, Sitton, Ulmer, Williams And so, Amendment No. 8 was not adopted. Amendment No. 9 was offered by Representative Finkelstein: Page 3, lines 13 - 14: Delete "quorum of the membership" Insert "(1) quorum for a governing body composed of no more than five members; or (2) majority of a quorum for a governing body composed of more than five members" Representative Finkelstein moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: CSHB 254(JUD) am Second Reading Amendment No. 9 YEAS: 8 NAYS: 21 EXCUSED: 11 ABSENT: 0 Yeas: Carney, B.Davis, Finkelstein, Mackie, Menard, Nicholia, Nordlund, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey Excused: Brice, Brown, Davidson, Davies, Grussendorf, Hoffman, Navarre, Olberg, Sitton, Ulmer, Williams And so, Amendment No. 9 was not adopted. 1993-04-08 House Journal Page 1125 HB 254 Amendment No. 10 was offered by Representative Finkelstein: Page 3, lines 13 and 14: Delete "quorum of the membership" Insert "(1) quorum for a body that is an entity of a municipality with a population that does not exceed 2,000; or (2) majority of a quorum for a body that is an entity of the state or a municipality with a population that exceeds 2,000" Representative Finkelstein moved and asked unanimous consent that Amendment No. 10 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: CSHB 254(JUD) am Second Reading Amendment No. 10 YEAS: 8 NAYS: 21 EXCUSED: 11 ABSENT: 0 Yeas: Carney, B.Davis, Finkelstein, Mackie, Menard, Nicholia, Nordlund, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey Excused: Brice, Brown, Davidson, Davies, Grussendorf, Hoffman, Navarre, Olberg, Sitton, Ulmer, Williams And so, Amendment No. 10 was not adopted. 1993-04-08 House Journal Page 1126 HB 254 Amendment No. 11 was offered by Representative Nordlund: Page 3, line 10: Delete "a new subsection" Insert "new subsections" Page 3, after line 10: Insert a new subsection to read: "(g) Members of a public body may not engage in a series of discussions, at gatherings or by other means, if taken together, the discussions circumvent the requirements of this section." Reletter the following subsection accordingly. Representative Nordlund moved and asked unanimous consent that Amendment No. 11 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 11 be adopted?" The roll was taken with the following result: CSHB 254(JUD) am Second Reading Amendment No. 11 YEAS: 8 NAYS: 21 EXCUSED: 11 ABSENT: 0 Yeas: Carney, Finkelstein, James, Larson, Menard, Nicholia, Nordlund, Willis Nays: Barnes, Bunde, B.Davis, G.Davis, Foster, Green, Hanley, Hudson, Kott, Mackie, MacLean, Martin, Moses, Mulder, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey Excused: Brice, Brown, Davidson, Davies, Grussendorf, Hoffman, Navarre, Olberg, Sitton, Ulmer, Williams And so, Amendment No. 11 was not adopted. 1993-04-08 House Journal Page 1127 HB 254 Amendment No. 12 was offered by Representative Finkelstein: Page 3, line 7: Delete "voidable by a court" Insert "void" Page 3, line 9: Delete "[VOID]" Representative Finkelstein moved and asked unanimous consent that Amendment No. 12 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 12 be adopted?" The roll was taken with the following result: CSHB 254(JUD) am Second Reading Amendment No. 12 YEAS: 9 NAYS: 20 EXCUSED: 11 ABSENT: 0 Yeas: Carney, B.Davis, Finkelstein, Larson, Mackie, Menard, Nicholia, Nordlund, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, MacLean, Martin, Moses, Mulder, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey Excused: Brice, Brown, Davidson, Davies, Grussendorf, Hoffman, Navarre, Olberg, Sitton, Ulmer, Williams And so, Amendment No. 12 was not adopted. Representative Phillips moved and asked unanimous consent that CSHB 254(JUD)am be considered engrossed, advanced to third reading and placed on final passage. 1993-04-08 House Journal Page 1128 HB 254 Representative Finkelstein objected. Representative Phillips moved and asked unanimous consent to withdraw the motion to advance to third reading. There being no objection, it was so ordered. CSHB 254(JUD)am will be in Third Reading on the April 12, 1993, calendar.