Legislature(1993 - 1994)
04/27/1993 04:20 PM Senate RLS
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE RULES COMMITTEE
April 27, 1993
4:20 p.m.
MEMBERS PRESENT
Senator George Jacko, Chairman
Senator Steve Rieger, Vice Chairman
Senator Rick Halford
Senator Suzanne Little
MEMBERS ABSENT
Senator Fred Zharoff
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 81(FIN) am
"An Act relating to the longevity bonus program."
CS FOR HOUSE BILL NO. 254(JUD) am(ct rule fld)
"An Act relating to open meetings of governmental bodies."
HOUSE BILL NO. 148
"An Act exempting the University of Alaska from the
administrative adjudication provisions of the Administrative
Procedure Act; and providing for an effective date."
PREVIOUS SENATE COMMITTEE ACTION
HB 81 - No previous action to record.
HB 254 - See Judiciary minutes dated 4/21/93 & 4/22/93.
HB 148 - See HESS minutes dated 4/16/93. See State Affairs
minutes dated 4/21/93. See Resources minutes dated
4/21/93.
WITNESS REGISTER
Commissioner Nancy Usera
Department of Administration
P.O. Box 110200
Juneau, AK 99811-0200
POSITION STATEMENT: Offered information in support of
HB 81
Chris Christensen, Legal Counsel
Alaska Court System
303 K St.
Anchorage, AK 99501-2084
POSITION STATEMENT: Offered information in support of
HB 254
Caren Robinson
Alaka League of Women Voters
P.O. Box 33702
Juneau, AK 99803
POSITION STATEMENT: Testified in opposition to HB 254
John McKay
Alaska Newspaper Association
Anchorage, AK
POSITION STATEMENT: Testified on HB 254
Kent Swisher
Alaska Municipal League
217 Second St., Suite 200
Juneau, AK 99801
POSITION STATEMENT: Testified on HB 254
ACTION NARRATIVE
TAPE 93-6, SIDE A
Number 001
The Senate Rules Committee was called to order by Chairman
Jacko at 4:20 p.m.
CHAIRMAN JACKO opened the public hearing on CSHB 81(FIN) am
(PHASE OUT LONGEVITY BONUS). He directed attention to a draft
SCS CSHB 81(RLS).
Number 012
SENATOR RIEGER moved that SCS CSHB 81(RLS) be adopted for
discussion purposes. SENATOR LITTLE objected, stating that
she believes doing away with the longevity bonus program at
this time is an impractical move and she doesn't see any
advantages to the legislation.
Number 035
COMMISSIONER USERA, Department of Administration, said there
is an advantage to the private annuity proposal because it
provides an incentive for people to invest their dividend,
inasmuch as the department believes that it could be a tax
advantage treatment. The initial ruling from the IRS is that
because they would not have constructive receipt of that
check, they could direct it into an IRA or into a privately
selected annuity account and, therefore, not have to pay tax
on it.
Number 080
SENATOR HALFORD directed attention to page 2, line 26, and the
figure of $225. It was agreed by the committee that the
amount was a drafting error and should be changed to $250.
Senator Halford moved that on page 2, line 26, delete "$225"
and insert "$250." Hearing no objection, the motion carried.
It was also noted that the draft SCS still contained the House
language of a two-year phase out at $150 for the first year
and $100 for the second year rather than the Governor's
language of a three-year phase out at $200, $150, $100.
Senator Halford moved that Section 2 of SCS CSHB 81(RLS) be
replaced with Section 1 contained in CSSB 58(FIN). Hearing
no objection, the motion carried.
Commissioner Usera pointed out that some renumbering would be
required in other sections of the bill because an extra year
has been added. It was agreed that those were technical
changes that could be made by the drafter.
Number 155
SENATOR RIEGER moved that SCS CSHB 81(RLS), as amended, be
adopted. SENATOR LITTLE objected. The roll was taken with
the following result: Senators Halford, Rieger and Jacko
voted "Yea," and Senator Little voted "Nay." The Chair stated
the motion carried.
Number 188
SENATOR RIEGER moved that SCS CSHB 81(RLS) be passed out of
committee with individual recommendations. SENATOR LITTLE
objected. The roll was taken with the following result:
Senators Halford, Riger and Jacko voted "Yea," and Senator
Little voted "Nay." The Chair stated the motion carried.
SENATOR RIEGER moved and asked unanimous consent that SCS CSHB
81(RLS) be approved for calendaring at the Chair's discretion.
Hearing no objection, it was so ordered.
Number 215
CHAIRMAN JACKO opened the public hearing on CSHB 254(JUD)
am(ct rl fld) (OPEN MEETING ACT) and directed attention to a
draft SCS CSHB 254 (RLS).
SENATOR HALFORD moved that SCS CSHB 254(RLS) be adopted for
discussion purposes. SENATOR LITTLE objected.
CHAIRMAN JACKO requested that Mr. Christensen outline the
differences in the Senate and the House versions of the bill.
CHRIS CHRISTENSEN, Legal Counsel, Judicial Branch, explained
that at the present time, the Open Meeting Act does not cover
the Judicial Branch. Inadvertently, the Judicial Branch was
added to the list of covered entities in the Senate Judiciary
Committee. An amendment was submitted by Senator Taylor,
which is incorporated into the Rules SCS, to amend the
definition of "public entity" to provide that it does not
include the Judicial Branch.
Number 240
SENATOR LITTLE removed her objection to the adoption of SCS
CSHB 254(RLS). Hearing no further objection, the Chair stated
SCS CSHB 254(RLS) was adopted.
Number 245
CHAIRMAN JACKO clarified that except for the one change to
amend the definition of "public entity", the Rules SCS was
essentially the Senate Judiciary version of the bill.
Number 255
CAREN ROBINSON, representing the Alaska League of Women
Voters, voiced their strong opposition to CSHB 254(JUD). The
League believes it is an unnecessarily broad and dangerous
attempt to clarify the current Alaska Open Meeting Act. The
League urges the legislature to work with them during the
interim to generate citizen involvements through a positive
process and to design a measure that protects the public
interest while meeting the legitimate concerns of the public
officials.
Number 290
JOHN MCKAY, representing the Alaska Newspaper Association,
said the House version of the legislation really only dealt
with one thing, and that was the question of what is a
meeting. The question came about because a judge in Fairbanks
said that two people talking to each other would constitute
a meeting. That decision is being appealed to the State
Supreme Court, and Mr. McKay suggested that it is possible
that before the next legislative session there will be an
answer from the Supreme Court that may resolve that question.
He also suggested that the legislature might work with the
League or with a task force of any group of people during the
interim.
Mr. McKay said the newspaper association agrees that it is
fair to say that the law should be clarified. Further, they
agree that two people on a governing body, except in unusual
circumstances, should be able to talk to each other and that
it not be construed as a meeting under the Act. They would
prefer that it be three or more people, however, several
people have proposed a majority of a quorum and they believe
that would be an acceptable compromise.
Number 366
KENT SWISHER, representing the Alaska Municipal League, stated
the legislation introduced by Senator Taylor is exactly and
precisely what the League has been seeking, and neither of the
two House bills do that.
Mr. Swisher said the League prefers a quorum, but if there
were a desire on the part of the legislature to move the
quorum standard to some lesser level, then they would suggest
that there be a division in terms of the size of the governing
body.
Number 400
SENATOR LITTLE asked if it was the League's intention that
action could be taken in executive session once the item to
be discussed in that executive session was announced. KENT
SWISHER acknowledged that it was. He said they have to be
able to tell the lawyer what they want.
Number 420
Discussion then turned to the language in paragraphs 5 & 6 on
page 3 of SCS CSHB 254(RLS) which relates to subjects that
may be considered in an executive session. It was suggested
that the language was expanding it beyond the original intent
and that it was not needed.
TAPE 93-6, SIDE B
Number 038
SENATOR HALFORD moved that on page 3, lines, 2 - 4, delete
paragraphs 5 & 6; and on page 2, line 20, after the words
"executive session" add "except to give direction to an
attorney or labor negotiator."
Number 085
The committee next discussed the language on page 2, lines 4
& 5, and the difference between "shall" and "may" on materials
that are to be considered at a meeting that is being
teleconferenced.
SENATOR LITTLE moved the following amendment on page 2, lines
4 & 5: "Materials to be considered at the meeting shall be
made available at teleconference locations unless not
reasonably practical. " SENATOR JACKO objected. The roll was
taken with the following result: Senators Little and Rieger
voted "Yea" and Senator Jacko and Halford voted "Nay." The
Chair stated the motion failed.
Number 250
The committee discussed the bracketed language on page 2,
lines 5 - 8, which provides that the public may know the vote
of each person entitled to vote. Concern was expressed that
removal of the language would allow secret votes.
SENATOR HALFORD moved that on page 2, lines 5 - 8, the
bracketed material be reinserted. Hearing no objection, the
motion carried.
Number 340
Discussion then turned to the definition of "meeting" on page
5, lines 8 - 10.
SENATOR RIEGER moved that page 5, lines 8 - 10, insert "a
majority of a quorum of." SENATOR JACKO objected. The roll
was taken with the following result: Senators Little and
Rieger voted "Yea" and Senators Jacko and Halford voted "Nay."
The Chair stated the motion failed.
SENATOR LITTLE moved that on page 5, line 8, delete the word
"prearranged." SENATOR JACKO objected. The roll was taken
with the following result: Senators Little and Rieger voted
"Yea" and Senators Jacko and Halford voted "Nay." The Chair
stated the motion failed.
Number 400
The Chair asked for the pleasure of the committee.
SENATOR HALFORD moved that SCS CSHB 254(RLS) be passed out of
committee with individual recommendations and that it be
approved for calendaring at the Chair's discretion. SENATOR
LITTLE objected. The roll was taken with the following
result: Senators Rieger, Halford, and Jacko voted "Yea" and
Senator Little voted "Nay." The Chair stated the motion
carried.
Number 435
The final order of business to come before the committee was
HB 148 (EXEMPT U OF AK FROM APA PROCEDURES).
SENATOR RIEGER moved and asked unanimous consent that HB 148
be approved for calendaring at the Chair's discretion.
Hearing no objection, it was so ordered.
There being no further business to come before the committee,
the meeting was adjourned at 5:40 p.m.
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