00                       CS FOR SENATE BILL NO. 48(CRA)                                                                    
01 "An Act exempting municipal boards, committees, commissions, or other similar bodies                                    
02 from the requirements of conducting meetings open to the public when a meeting is                                       
03 administrative or managerial in nature; and amending the definition of 'meeting' as it                                  
04 relates to public governmental meetings."                                                                               
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 44.62.310(d) is amended to read:                                                                   
07            (d)  This section does not apply to                                                                          
08                 (1)  a governmental body performing a judicial or quasi-judicial                                        
09       function when holding a meeting solely to make a decision in an adjudicatory                                      
10       proceeding;                                                                                                       
11                 (2)  juries;                                                                                            
12                 (3)  parole or pardon boards;                                                                           
13                 (4)  meetings of a hospital medical staff;                                                              
14                 (5)  meetings of the governmental body or any committee of a hospital                                   
01       when holding a meeting solely to act upon matters of professional qualifications,                                 
02       privileges, or discipline;                                                                                    
03                 (6)  staff meetings or other gatherings of the employees of a public                                    
04       entity, including meetings of an employee group established by policy of the Board of                             
05       Regents of the University of Alaska or held while acting in an advisory capacity to the                           
06       Board of Regents; [OR]                                                                                            
07                 (7)  meetings held for the purpose of participating in or attending a                                   
08       gathering of a national, state, or regional organization of which the public entity,                              
09       governmental body, or member of the governmental body is a member, but only if no                                 
10       action is taken and no business of the governmental body is conducted at the                                      
11       meetings; or                                                                                                  
12                 (8)  meetings by municipal boards, committees, commissions, or                                      
13       other similar bodies when meeting solely to act on matters that are                                           
14       administrative or managerial in nature.                                                                       
15    * Sec. 2. AS 44.62.310(h) is amended to read:                                                                      
16            (h)  In this section,                                                                                        
17                 (1)  "governmental body" means an assembly, council, board,                                             
18       commission, committee, or other similar body of a public entity with the authority to                             
19       establish policies or make decisions for the public entity or with the authority to advise                        
20       or make recommendations to the public entity; "governmental body" includes the                                    
21       members of a subcommittee or other subordinate unit of a governmental body if the                                 
22       subordinate unit consists of two or more members;                                                                 
23                 (2)  "meeting" means a gathering of members of a governmental body                                      
24       when                                                                                                              
25                      (A)  more than three members or a majority of the members,                                         
26            whichever is less, are present, a matter upon which the governmental body is                                 
27            empowered to act is considered by the members collectively, and the                                          
28            governmental body has the authority to establish policies or make decisions for                              
29            a public entity; or                                                                                          
30                      (B)  more than three members or a majority of the                                              
31            members, whichever is less, are present, the gathering is prearranged for the                            
01            purpose of considering a matter upon which the governmental body is                                          
02            empowered to act, and the governmental body has only authority to advise or                              
03            make recommendations for a public entity but has no authority to establish                                   
04            policies or make decisions for the public entity;                                                            
05                 (3)  "public entity" means an entity of the state or of a political                                     
06       subdivision of the state including an agency, a board or commission, the University of                            
07       Alaska, a public authority or corporation, a municipality, a school district, and other                           
08       governmental units of the state or a political subdivision of the state; it does not                              
09       include the court system or the legislative branch of state government.