Legislature(1995 - 1996)
1996-03-28 House Journal
Full Journal pdf1996-03-28 House Journal Page 3443 HB 341 Amendment No. 2 was offered by Representative Navarre: Page 2, lines 4 - 9: Delete all material and insert: "Sec. 43.05.400. OFFICE OF TAX APPEALS ESTABLISHED. The office of tax appeals is established within the department." Page 2, lines 21 - 29: Delete all material and insert: "Sec. 43.05.410. APPOINTMENT; TERM; REAPPOINTMENT. (a) The governor shall appoint a chief administrative law judge of the office of tax appeals from among two or more persons nominated as most qualified for that position by the Alaska Judicial Council. The governor may appoint additional administrative law judges from among two or more persons nominated as most qualified for each position by the judicial council. (b) The initial term for an administrative law judge, including the chief administrative law judge, is two years. The governor may reappoint a person appointed to serve as an administrative law judge, including the chief administrative law judge, to subsequent terms of four years each. (c) A reappointment of a person appointed to serve as an administrative law judge, including the chief administrative law judge, shall be made as follows: (1) if an administrative law judge seeks reappointment, the governor shall notify the judicial council of the impending end of the administrative law judge's term at least 120 days before the end of the term; 1996-03-28 House Journal Page 3444 HB 341 (2) in reviewing the performance of the administrative law judge, the judicial council shall collect and review sufficient information to thoroughly evaluate the administrative law judge; the review by the judicial council must include a published notice requesting written comments on the administrative law judge whose performance is being evaluated; (3) the judicial council shall review the performance of the administrative law judge and submit by at least 30 days before the vacancy a recommendation to the governor on whether the administrative law judge should be reappointed; (4) the governor has the discretion to accept or reject the judicial council's recommendation on the administrative law judge's reappointment. (d) Nominations made by the Alaska Judicial Council under (a) of this section shall be made after the judicial council has reviewed the qualifications of applicants for administrative law judges. The judicial council shall collect and review sufficient information to thoroughly evaluate each applicant. The review by the judicial council must include a published notice requesting written comments on the list of applicants for an administrative law judge opening. (e) In reviews by the Alaska Judicial Council under (c) and (d) of this section, (1) comments, references, or survey responses that request confidentiality, or for which the judicial council promises confidentiality, shall be kept confidential, but the judicial council shall provide the applicant for administrative law judge or administrative law judges seeking reappointment a summary of the concerns raised in the comments, references, and survey responses that are kept confidential; (2) the judicial council has authority to review confidential Alaska Bar Association files, including bar complaint files, on applicants for administrative law judge and on administrative law judges seeking reappointment whose applications or reappointment evaluations are under review; the judicial council shall maintain the confidentiality of these files; and (3) the judicial council shall send to the governor with its nominees or reappointment recommendations all nonconfidential 1996-03-28 House Journal Page 3445 HB 341 materials that it gathers on applicants for administrative law judge and administrative law judges seeking reappointment whose applications or reappointment evaluations are under review, and shall provide the governor with summaries of concerns raised in the comments, references, and survey responses that are kept confidential." Page 3, line 20: Delete "board" Insert "chief administrative law judge" Page 7, line 16: Delete "by the full board" Page 7, line 29: Delete "board" Insert "administrative law judge" Page 7, line 31: Delete "board" Insert "administrative law judge" Page 8, line 5: Delete "board" Insert "administrative law judge" Page 8, line 7: Delete "board" Insert "administrative law judge" Page 8, line 8: Delete "board" Insert "administrative law judge" Page 8, line 15: Delete "board" Insert "administrative law judge" Page 10, lines 4 and 5: Delete all material. 1996-03-28 House Journal Page 3446 HB 341 Renumber the following paragraphs accordingly. Representative Navarre moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Green objected. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CSHB 341(FIN) Second Reading Amendment No. 2 YEAS: 10 NAYS: 23 EXCUSED: 1 ABSENT: 6 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Long, Mackie, Navarre, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Toohey, Vezey, Williams Excused: Nicholia Absent: Brice, Grussendorf, Hanley, Kubina, Sanders, Therriault And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Finkelstein: Page 6, line 18, following (f), through line 19: Delete all material. Insert Evidence on the following subjects is irrelevant and may not be admitted, unless the administrative law judge grants an exception in the interest of justice: (1) history of legislative provisions that have not been enacted; (2) history of a draft regulation that has not been adopted; 1996-03-28 House Journal Page 3447 HB 341 (3) confidential information under AS 43 of a taxpayer other than the taxpayer whose tax is the subject of the appeal unless the confidentiality has been waived by that other taxpayer. Representative Finkelstein moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Green objected. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: CSHB 341(FIN) Second Reading Amendment No. 3 YEAS: 9 NAYS: 27 EXCUSED: 1 ABSENT: 3 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Kubina, Navarre, Robinson, Willis Nays: Austerman, Barnes, Brice, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Therriault, Toohey, Vezey, Williams Excused: Nicholia Absent: Grussendorf, Rokeberg, Sanders And so, Amendment No. 3 was not adopted. Representative Vezey moved and asked unanimous consent that CSHB 341(FIN) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The question being: Shall CSHB 341(FIN) be advanced to third reading on the same day? The roll was taken with the following result: 1996-03-28 House Journal Page 3448 HB 341 CSHB 341(FIN) Second Reading Advance to Third Reading YEAS: 24 NAYS: 12 EXCUSED: 1 ABSENT: 3 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Kubina, Long, Mackie, Navarre, Robinson, Willis Excused: Nicholia Absent: Grussendorf, Rokeberg, Sanders And so, lacking the necessary 30 votes, CSHB 341(FIN) failed to advance and will be in third reading on the March 29, 1996, calendar.