03/12/2009 08:00 AM House COMMUNITY & REGIONAL AFFAIRS

HB 153-OPEN MEETINGS: EXCEPTION AND DEFINITION                                                                                
                                                                                                                                
9:39:48 AM                                                                                                                    
                                                                                                                                
CO-CHAIR HERRON announced  that the next order  of business would                                                               
be  HOUSE  BILL NO.  153,  "An  Act exempting  municipal  boards,                                                               
committees,  commissions,  or  other   similar  bodies  from  the                                                               
requirements of  conducting meetings  open to  the public  when a                                                               
meeting is  administrative or managerial in  nature; and amending                                                               
the definition of 'meeting' as  it relates to public governmental                                                               
meetings."                                                                                                                      
                                                                                                                                
9:39:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HARRIS  moved  to  adopt CSHB  153,  Version  26-                                                               
LS0653\E, Kane, 3/5/09, as the  working document.  There being no                                                               
objection, Version E was before the committee.                                                                                  
                                                                                                                                
9:40:20 AM                                                                                                                    
                                                                                                                                
CO-CHAIR HERRON  explained that Version  E tightens  the concerns                                                               
about service area boards.   He then related that any discussions                                                               
regarding  improvements  to  the  Open  Meetings  Act  should  be                                                               
addressed in  the House Judiciary  Standing Committee,  the chair                                                               
of which has  agreed to address.  He further  related his wish to                                                               
move HB 153 on to the next committee of referral.                                                                               
                                                                                                                                
9:41:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HARRIS  highlighted that  one of  the difficulties                                                               
with issues pertaining to the Open  Meetings Act is that it deals                                                               
with public trust and the  public wants to know what's happening.                                                               
He announced that  he supports this legislation,  but opined that                                                               
it's important not to gloss over this topic as insignificant.                                                                   
                                                                                                                                
9:42:12 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HARRIS  moved to  report  CSHB  153, Version  26-                                                               
LS0653\E,  Kane,   3/5/09,  out  of  committee   with  individual                                                               
recommendations and the accompanying fiscal notes.                                                                              
                                                                                                                                
REPRESENTATIVE  GARDNER objected  for discussion  purposes.   She                                                               
then requested an explanation as  to why it's problematic to have                                                               
an open meeting on matters  that are administrative or managerial                                                               
in nature.                                                                                                                      
                                                                                                                                
9:42:38 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  HERRON expressed  his concern  that the  intent of  the                                                               
borough  is  to  have  legislation that  addresses  service  area                                                               
boards  without  a lot  of  other  collateral implications.    He                                                               
related that  this committee recognizes  that service  area board                                                               
members should  be able to meet  on the street to  address, say a                                                               
clogged  culvert, without  posting  the meeting  and waiting  the                                                               
specified  time  period before  making  a  decision.   Version  E                                                               
allows  the  aforementioned to  happen.    However, the  proposed                                                               
legislation  tried  to  carve   out  requirements  for  councils,                                                               
administrative bodies,  and assembly bodies.   The debate  on the                                                               
aforementioned  needs  to be  addressed  in  the House  Judiciary                                                               
Standing Committee because  of the subtle impacts it  may have to                                                               
the Open Meetings Act.                                                                                                          
                                                                                                                                
9:45:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER inquired  as  to why  that debate  should                                                               
only occur in  the House Judiciary Standing Committee  and not in                                                               
this committee.                                                                                                                 
                                                                                                                                
CO-CHAIR HERRON opined  that the Fairbanks North  Star Borough is                                                               
using an  abundance of  caution in order  to avoid  challenges in                                                               
the future.  He expressed his desire  to move HB 153 to the House                                                               
Judiciary  Standing Committee,  which is  chaired by  a Fairbanks                                                               
resident.                                                                                                                       
                                                                                                                                
9:46:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER,  speaking as a member  of this committee,                                                               
expressed  her  reluctance to  support  moving  HB 153  when  she                                                               
doesn't understand  the ins  and outs of  the issue.   Therefore,                                                               
she said she maintained her objection.                                                                                          
                                                                                                                                
CO-CHAIR  HERRON  explained that  he  would  like to  delete  the                                                               
portion of  HB 153  that pertains  to the  Open Meetings  Act and                                                               
move the  portion related to  municipal service area  boards when                                                               
they meet  solely on administrative  and managerial matters.   He                                                               
further explained that he tightened  [paragraph] 8 because he was                                                               
concerned that there  would be a degradation  of meetings without                                                               
public notice.   He then  opined that  there's no need  to change                                                               
the  Open Meetings  Act for  organizations,  save service  areas.                                                               
The service areas  face decisions related to  immediate needs for                                                               
which there  would be severe  consequences.   Therefore, Co-Chair                                                               
Herron said  that he feels  comfortable reporting Version  E from                                                               
committee because  it addresses  the service area  boards without                                                               
changing the  Open Meetings Act  whereas the previous  version of                                                               
HB  161  addressed  service  area  boards as  well  as  the  less                                                               
important committees in municipalities.                                                                                         
                                                                                                                                
9:49:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HARRIS called for the question.                                                                                  
                                                                                                                                
REPRESENTATIVE  GARDNER  surmised  then   that  Version  E  is  a                                                               
narrower focus than the original legislation.                                                                                   
                                                                                                                                
CO-CHAIR HERRON  replied yes, Version  E is narrowed to  focus on                                                               
the service area boards.                                                                                                        
                                                                                                                                
REPRESENTATIVE GARDNER withdrew her objection.                                                                                  
                                                                                                                                
9:51:18 AM                                                                                                                    
                                                                                                                                
CO-CHAIR HERRON  then stated  that he has  no problem  holding HB
  for  further  explanation.    However,  he  emphasized  that                                                               
changes to  the Open Meetings Act  are very serious.   He said he                                                               
didn't  want  to lessen  the  importance  of  a local  parks  and                                                               
recreation meeting or a public  works meeting, which he indicated                                                               
would loosen the importance of the Open Meetings Act.                                                                           
                                                                                                                                
9:52:17 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  MUNOZ  pointed  out  that the  change  in  language  to                                                               
paragraph (8)  is specific  to boards such  as road  service area                                                               
boards and fire service area  boards, which may have an immediate                                                               
need  to act  [prior  to being  able to  meet  public notice  and                                                               
hearing requirements].                                                                                                          
                                                                                                                                
CO-CHAIR  HERRON  said  that  he  wanted  to  take  care  of  the                                                               
aforementioned  boards without  other  types of  boards, such  as                                                               
parks and  recreation boards, making decisions  without following                                                               
the Open Meetings Act.                                                                                                          
                                                                                                                                
9:53:52 AM                                                                                                                    
                                                                                                                                
There  being no  further  objection, CSHB  153(CRA) was  reported                                                               
from   the  House   Community  and   Regional  Affairs   Standing                                                               
Committee.