Legislature(2013 - 2014)HOUSE FINANCE 519
04/08/2013 08:00 AM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB195 | |
| HB63 | |
| HB102 | |
| SB86 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 21 | TELECONFERENCED | |
| + | HB 63 | TELECONFERENCED | |
| + | SB 51 | TELECONFERENCED | |
| + | HB 102 | TELECONFERENCED | |
| + | SB 65 | TELECONFERENCED | |
| + | HB 134 | TELECONFERENCED | |
| *+ | HB 195 | TELECONFERENCED | |
| + | SB 95 | TELECONFERENCED | |
| + | SB 2 | TELECONFERENCED | |
| + | SB 16 | TELECONFERENCED | |
| + | SB 24 | TELECONFERENCED | |
| + | SB 37 | TELECONFERENCED | |
| + | SB 38 | TELECONFERENCED | |
| + | SB 86 | TELECONFERENCED | |
| + | SB 18 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE BILL NO. 63
"An Act extending the termination date of the Board of
Governors of the Alaska Bar Association; and providing
for an effective date."
8:49:47 AM
REPRESENTATIVE MIKE HAWKER presented the sunset bill. He
noted that the bill could be found on the Division of
Legislative Budget and Audit's (LB&A) website. The proposed
legislation extended the Alaska Bar Association's sunset
date from 2013 to 2021 in accordance with recommendations
made by the state's legislative auditor. The auditor
conducted an evaluation of the Board of Governors using
criteria under AS 44.66.050(c), which was summarized in the
report included in committee members' files.
Representative Hawker continued that all previous findings
from prior audits were resolved. The remaining issue stood
as a matter of judgment between the legal and legislative
profession regarding the mandatory continuing education for
attorneys. The auditor recommended that the Alaska Supreme
Court increase the mandatory education hours for attorneys.
8:51:52 AM
Representative Gara pointed out that the Alaska Bar
Association continued charging attorneys money despite an
inactive status. If the fee was not paid, an attorney must
take the bar exam a second time to practice law. He wished
to see an amendment preventing the practice.
Co-Chair Stoltze stated that he did not wish to regulate
the bar.
Representative Hawker referred to "Shakespeare's Council."
Co-Chair Stoltze suggested a subcommittee process for the
proposed amendment.
Representative Gara withdrew his request.
8:55:01 AM
KRIS, CURTIS, LEGISLATIVE BUDGET AND AUDIT, explained the
recommendation in prior sunsets that the board support an
increase to the mandatory continuing legal education
requirement. Current mandatory requirements were three
credits per year. She stated the board's voluntary
requirement of an additional nine credits, with 60 percent
of members meeting the requirement. She pointed out that
the board conducted a survey of their members to determine
whether they supported an increase; over 90 percent did
not. She stated that LB&A made the recommendation again.
STEVE VAN GOOR, ALASKA BAR ASSOCIATION, ANCHORAGE (via
teleconference), stated that he was available to answer
questions.
Representative Gara asked about the fairness of the Alaska
Bar Association's fee for inactive attorneys.
Mr. Van Goor replied that an inactive status with the bar
association was an option for members choosing not to
practice law. He stated that inactive members were charged
a fee to retain the structure, licensing and discipline
functions of the association. An inactive member supported
the infrastructure and ability to return to practice. A
failure to pay inactive dues did not require the member to
retake the bar exam, but instead subjected the member to
administrative suspension. The suspension could be cured by
paying the past due fees and a penalty.
Co-Chair Stoltze compared the fee to that of an automobile
registration fee.
Representative Gara suggested that inactive members must
pay for infrastructure supporting active members.
Mr. Van Goor replied that the Alaska Bar Association
supported the public service functions. Inactive members
were not charged the same amount as active members, but
they did have the ability to practice law again.
Representative Gara disagreed with the policy.
8:59:40 AM
Representative Holmes joked that Representative Gara's fees
helped to lower her own as an active member of the Alaska
Bar Association.
9:00:12 AM
HANNA SEBOLD, ALASKA BAR ASSOCIATION, was available for
questions.
Representative Gara expressed his opinion that the practice
of collecting fees from inactive members was not just and
reasonable. He asked that Ms. Sebold request that the
Alaska Bar Association change the rule.
Ms. Sebold answered that she would bring the matter to the
board.
Representative Holmes discussed current mandatory hours for
continued education. She stated that three hours of
mandatory ethics and an additional nine hours of
recommended hours of "other" continuing education credits.
She asked if the association had a position on the issue of
changing the policy.
Ms. Sebold deferred the question to Mr. Van Goor.
Mr. Van Goor replied that a rule proposal had been made to
the Alaska Supreme Court to clarify the mandatory
continuing education policy. He explained that the board
suggested a rule change while conducting a survey of its
membership and comments were collected before the rule was
submitted to the court. The court would then schedule an
administrative rules conference, which the association was
invited to attend. He suggested to LB&A that the audit was
the time to raise the concerns expressed in the House State
Affairs Committee. He stated that the court had the final
call about the number of hours required for members of the
bar. The court had the ability to increase the number of
hours and was in the decision making process.
9:04:34 AM
Representative Holmes asked for clarification on the
recommendation regarding an increase in the mandatory
number of continuing education hours. She asked if the
association had presented a recommendation about the
requirement.
Mr. Van Goor answered that the proposed rule clarified
portions of the mandatory continuing education requirements
without a specific recommendation for increasing the hours.
He hoped to discuss the audit's concerns at the rules
conference.
Co-Chair Stoltze thanked Mr. Van Goor for clarifying the
diminished relevance of the people's body in the process.
9:05:57 AM
Representative Munoz asked the number of active and
inactive bar members in Alaska.
Ms. Sebold replied approximately 4100 total members, with
2600 in active status.
9:06:32 AM
TOM OBERMEYER, ANCHORAGE (via teleconference), called
attention to the bar exam. He claimed that the Alaska Bar
Association had the ability to limit applicants who pass
the bar exam. He noted that Missouri implemented a state
practice portion for the exam. He stated that Alaska had
less than 100 applicants. He explained that he had paid and
studied for the bar exam for 29 years. He spoke to the debt
incurred in law school. He believed that the exam passage
rate was arbitrary. He disagreed with the audit's
recommendation of an 8 year extension.
9:11:57 AM
Co-Chair Stoltze CLOSED public testimony.
Representative Hawker understood the dilemma regarding the
separation of powers between the legislative, legal and
executive branches of government. He requested
consideration for a change in statute or letter of intent
accompanying the bill to provide the great impact of the
legislature's concern. He pointed out the committee's
tradition of separating policy calls from reauthorizations.
Co-Chair Stoltze stated that the audit recommendation was
also important.
HB 63 was HEARD and HELD in committee for further
consideration.
9:15:58 AM
AT EASE
9:19:32 AM
RECONVENED