Legislature(1993 - 1994)
03/27/1993 08:00 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 148: EXEMPT U OF AK FROM APA PROCEDURES Number 390 CHAIRMAN VEZEY read the title to HB 148 and noted he was glad he deferred to Representative Olberg's objection to pass a previous CS (committee substitute) from committee without seeing it in final form. He stated the effective date proposed by Representative Ulmer gave two outside entities the right to veto legislation by the body, and urged members not to pass it. Number 408 REPRESENTATIVE ULMER stated CSHB 148 (STA) was not breaking new ground, and the legislature had made previous law based on conditions of acceptance by other parties. She noted both groups referred to by Chairman Vezey wanted HB 148 passed, and it was unlikely they would "veto" the legislation. Number 423 CHAIRMAN VEZEY stated in any case, it was not right for legislators to give up the right for legislation to take effect. Number 427 REPRESENTATIVE ULMER replied both parties, especially university employees, wanted HB 148 passed, and the University regents had also supported passage. Number 438 REPRESENTATIVE HARLEY OLBERG stated if both parties wanted HB 148, then the original bill should suffice without a complicating CS being introduced. Number 445 CHAIRMAN VEZEY then began taking public testimony. Number 450 WENDY REDMAN, VICE PRESIDENT FOR UNIVERSITY RELATIONS, UNIVERSITY OF ALASKA, reiterated the University's support for HB 148, and told the committee the University would go along with either version of the bill they passed. Number 455 LOIS FOSTER, A UNIVERSITY EMPLOYEE, testified by teleconference from Ketchikan in opposition to HB 148. She stated employees would never be comfortable with the grievance procedure the University said it would go along with if the APA's (Administrative Procedure Act) procedures were exempted. She stated it was only after the University had been sued in court that it granted employees the right to outside arbitration of grievances, and she feared that would end. Number 483 ART BUKOWSKI, A FACULTY MEMBER OF THE UNIVERSITY, testified by teleconference from Anchorage in opposition to HB 148, saying the committee should look at previous testimony on HB 148-styled bills from the 17th Legislature, in which employees opposed ending the APA coverage. He stated the procedures the University advocated are not adequate, and recommended the committee look at guidelines drawn up by the American Association of University Professors. Number 546 LAWRENCE WEISS, A FACULTY MEMBER AT UNIVERSITY OF ALASKA, ANCHORAGE, testified by teleconference from Anchorage in opposition to HB 148, saying faculty members opposed HB 148 because it would end their right to a fair hearing in front of an outside, impartial arbitrator. He also charged "arbitrary and capricious" decisions by the administration would be allowed to stand without the APA, and reminded the committee of the Odum case. Number 611 MS. REDMAN stated the University understood employees' concerns, and reassured the committee CSHB 148 (STA) is not necessary, but the University would not oppose it. Number 613 CHAIRMAN VEZEY stated he had looked at the APA procedures and decided it did not apply to personnel policy decisions, but rather to actions taken with respect to boards and commissions. He stressed his opposition to CSHB 148 (STA) and urged members not to adopt it. Number 636 REPRESENTATIVE ULMER noted the arrival of HB 148's sponsor, Representative Gene Therriault, and asked if he might have a statement. Number 639 REPRESENTATIVE GENE THERRIAULT, PRIME SPONSOR OF HB 148, did not oppose the change in the effective date under CSHB 148 (STA). He stated Chairman Vezey's interpretation of the APA is correct, in that it is designed to arbitrate disputes between boards and commissions with respect to business or professional licenses. He noted the cost for a hearing officer under the APA averages $100 an hour, and stated university employees should feel comfortable because they will be allowed to draw up their own grievance procedures. Number 663 REPRESENTATIVE OLBERG MOVED PASSAGE of HB 148. Number 665 REPRESENTATIVE ULMER REMINDED the committee IT HAD already ADOPTED CSHB 148 (STA). Number 668 CHAIRMAN VEZEY agreed with Rep. Ulmer, and RULED the committee would have to either RESCIND or PASS CSHB 148 (STA). Number 683 REPRESENTATIVE OLBERG MOVED the committee RESCIND CSHB 148 (STA). REPRESENTATIVES ULMER and Bettye Davis OBJECTED. Number 686 REPRESENTATIVE GARY DAVIS agreed to CSHB 148 (STA) because he saw no conflict in addressing the concerns of both the University and its employees. Number 698 REPRESENTATIVE OLBERG objected to giving two groups the power to effectively veto any act of the legislature. TAPE 93-34, SIDE B Number 004 CHAIRMAN VEZEY opposed CSHB 148 (STA) because he knew of no other employer who would not have adequate grievance procedures in place, because they would otherwise expose themselves to protest by labor organizations or in court. He restated his opposition to allowing two groups veto power over legislation. Number 033 REPRESENTATIVE ULMER stated placing conditions on legislation becoming effective had been done before, and CSHB 148 (STA) simply eliminated the gap between passage and the creation of new grievance procedures. Number 070 CHAIRMAN VEZEY said he would entertain a motion to rescind the CSHB 148 (STA). Number 083 VICE CHAIRMAN PETE KOTT MOVED RESCINDING CSHB 148 (STA). Number 115 CSHB 148 (STA) was RESCINDED by a 4-3 vote, with Representatives Vezey, Kott, Olberg and Sanders voting YES; and, Representatives B. Davis, Ulmer and G. Davis voting NO. Number 128 REPRESENTATIVE OLBERG MOVED PASSAGE of HB 148. Number 141 HB 148 PASSED from committee by a 6-1 vote. Representative B. Davis voted NO.
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