04/10/2003 10:10 AM House RLS

HCR  7-UNIFORM RULES: EXECUTIVE SESSIONS                                                                                      
                                                                                                                                
CHAIR ROKEBERG  announced that the  next order of  business would                                                               
be HOUSE CONCURRENT  RESOLUTION NO. 7, Proposing  an amendment to                                                               
the Uniform  Rules of  the Alaska  State Legislature  relating to                                                               
executive sessions  of legislative  bodies; and providing  for an                                                               
effective date for the amendment.                                                                                               
                                                                                                                                
Number 1950                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BRUCE  WEYHRAUCH,   Chair,  House  State  Affairs                                                               
Standing Committee,  Alaska State  Legislature, testified  as the                                                               
Chair of the House State  Affairs Standing Committee, the sponsor                                                               
of HCR 7.   Representative Weyhrauch said that  he introduced HCR
 based  on his  experience in the  House State  Affairs Standing                                                               
Committee  in regard  to  dealing with  an  overview of  homeland                                                               
security.    In working  the  homeland  security issue  with  the                                                               
committee and  the administration,  he said  he had  asked Tamara                                                               
Cook, Director,  Legislative Legal and Research  Services, to put                                                               
together  a legal  basis  for the  House  State Affairs  Standing                                                               
Committee to go into executive  session because there was nothing                                                               
in the  legislative rules that  allowed discussion of  matters of                                                               
homeland security during an executive session.                                                                                  
                                                                                                                                
REPRESENTATIVE WEYHRAUCH  explained that the House  State Affairs                                                               
Standing Committee went into executive  session based on a couple                                                               
of  Alaska  Statutes  and  the   desire  to  have  a  secure  and                                                               
confidential  overview  of  homeland  security.   The  review  of                                                               
homeland security  issues in Alaska  is a tense  matter involving                                                               
almost  every agency  of  the  state as  well  as private  sector                                                               
groups such  as the pipeline,  the Alaska Marine  Highway System,                                                               
the U.S.  Coast Guard, private  security firms,  power companies,                                                               
et cetera.  The committee wanted  to add something to the Uniform                                                               
Rules that would  allow committees to go  into executive session.                                                               
Therefore, HCR  7 amends  Uniform Rule  22(b) to  allow paragraph                                                               
(4),  which reads:   "discussion  of  a matter  that affects  the                                                               
security of the state or nation,  or that affects the security of                                                               
a governmental unit or agency."                                                                                                 
                                                                                                                                
REPRESENTATIVE  BERKOWITZ  noted  his support  of  Representative                                                               
Weyhrauch's effort  in this regard.   It's preferable  to provide                                                               
more  clarity  with  regard  to  when  committee's  can  go  into                                                               
executive session as well as the reasons for doing so, he said.                                                                 
                                                                                                                                
Number 1627                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA  expressed concern  that the  language of                                                               
new paragraph (4)  seems fairly broad.  She asked  if any thought                                                               
had  been  given  to  adding   the  modifier  "adversely"  before                                                               
"affects".                                                                                                                  
                                                                                                                                
TAMARA COOK,  Director, Legislative Legal and  Research Services,                                                               
Legislative Affairs Agency, said  that she wasn't sure "adversely                                                               
affects"  would accomplish  what  Representative Kerttula  wants.                                                               
Perhaps, the  language should  read "discussion  of a  matter the                                                               
public knowledge of which would adversely effect ...."                                                                          
                                                                                                                                
REPRESENTATIVE KERTTULA  agreed that Ms. Cook's  suggestion would                                                               
be more appropriate.  She inquired as to the sponsor's reaction.                                                                
                                                                                                                                
REPRESENTATIVE WEYHRAUCH said that  there is an important balance                                                               
between  doing  the public's  business  in  the open  and  having                                                               
enough information as a policy  body to hear confidential matters                                                               
to make policy beneficial to the public.                                                                                        
                                                                                                                                
Number 1789                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KERTTULA discussed  a  conceptual amendment  that                                                               
would change paragraph (4) to read  as follows:  "discussion of a                                                               
matter that the public knowledge  of which would adversely affect                                                               
the security  of the state  or nation, or that  adversely affects                                                               
the security of the governmental unit or agency."                                                                               
                                                                                                                                
CHAIR  ROKEBERG   remarked  that   the  word   "adversely"  isn't                                                               
necessary because there are other principles at work.                                                                           
                                                                                                                                
REPRESENTATIVE  KERTTULA disagreed  and related  her belief  that                                                               
inclusion of "adversely" is important.                                                                                          
                                                                                                                                
Number 1812                                                                                                                     
                                                                                                                                
REPRESENTATIVE  COGHILL  pointed  out that  paragraph  (1)  under                                                               
Section  1(b) uses  the  word "adversely".    However, he  wasn't                                                               
aware  of areas  in  which  a committee  would  want  to go  into                                                               
executive  session  when  there  wasn't an  adverse  affect  with                                                               
regard to the topic of security.                                                                                                
                                                                                                                                
REPRESENTATIVE  WEYHRAUCH  said  that   paragraph  (4)  could  be                                                               
conceptually amended  to read:   "for discussion of a  matter the                                                               
public knowledge  of would adversely  affect the security  of the                                                               
state  or   nation  or  adversely   affect  the  security   of  a                                                               
governmental unit or agency."                                                                                                   
                                                                                                                                
REPRESENTATIVE  KERTTULA  moved  that  the  committee  adopt  the                                                               
conceptual amendment  stated by Representative Weyhrauch.   There                                                               
being no objection, the conceptual amendment was adopted.                                                                       
                                                                                                                                
Number 1901                                                                                                                     
                                                                                                                                
REPRESENTATIVE McGUIRE  moved to report  HCR 7 as amended  out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.    There  being no  objection,  CSHCR  7(RLS)  was                                                               
reported from the House Rules Standing Committee.