Legislature(2009 - 2010)

04/15/2009 05:17 PM House JUD


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
SB 48 - PUBLIC MEETINGS/MUNI SERVICE AREA BDS                                                                                 
                                                                                                                                
[Contains brief  mention that CSSB  48(JUD) is identical  to CSHB
153(JUD), and  that some testimony  pertaining to both  bills was                                                               
provided during the hearing on HB 153.]                                                                                         
                                                                                                                                
6:02:57 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced  that the next order of  business would be                                                               
CS  FOR SENATE  BILL  NO. 48(JUD),  "An  Act exempting  municipal                                                               
service area boards 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."                                                                                 
                                                                                                                                
CHAIR  RAMRAS  noted  that  CSSB 48(JUD)  is  identical  to  CSHB
153(JUD), which was recently reported from committee.                                                                           
                                                                                                                                
6:04:04 PM                                                                                                                    
                                                                                                                                
ERNEST  PRAX,  Staff,  Senator   Gene  Therriault,  Alaska  State                                                               
Legislature,  concurred   on  behalf  of  the   sponsor,  Senator                                                               
Therriault, and  relayed that  the concept of  SB 48  was brought                                                               
forth by  the Fairbanks North  Star Borough (FNSB)  attorney, and                                                               
that  the  bill is  intended  to  reduce  some of  the  conflicts                                                               
arising in  certain service  areas because  of a  perception that                                                               
service    area   commissioners    have   been    violating   the                                                               
[Administrative Procedure Act].  Section  1 of SB 48 would extend                                                               
the  existing   statutory  exemption  from   the  [Administrative                                                               
Procedure Act]  to municipal service  area boards only  when they                                                               
are conducting  work of an  administrative or  managerial nature,                                                               
and Section  2 would  clarify how  many members  of such  a board                                                               
must be gathered together in  order to constitute a "meeting" for                                                               
purposes of complying with the [Administrative Procedure Act].                                                                  
                                                                                                                                
6:08:23 PM                                                                                                                    
                                                                                                                                
A. RENE  BROKER, Attorney, Fairbanks  North Star  Borough (FNSB),                                                               
noted that  she'd previously testified  on the  issues pertaining                                                               
to SB 48 when the committee heard HB 153.                                                                                       
                                                                                                                                
6:08:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAHLSTROM moved  to  report CSSB  48(JUD) out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
zero fiscal  note.   There being no  objection, CSSB  48(JUD) was                                                               
reported from the House Judiciary Standing Committee.                                                                           
                                                                                                                                

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