Legislature(2009 - 2010)CAPITOL 106
03/18/2010 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB394 | |
| HB53 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 394 | TELECONFERENCED | |
| += | HB 53 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 53-CANDIDATES INELIGIBLE FOR BDS/COMMISSIONS
9:10:30 AM
CHAIR LYNN announced that the last order of business was HOUSE
BILL NO. 53, "An Act relating to eligibility for membership on
state boards, commissions, and authorities."
9:10:44 AM
REPRESENTATIVE GRUENBERG moved to adopt the committee substitute
(CS) for HB 53, Version 26-LS0296\R, Bullard, 2/10/10, as work
draft.
CHAIR LYNN objected for discussion purposes.
9:11:13 AM
REPRESENTATIVE MIKE DOOGAN, Alaska State Legislature, as sponsor
of HB 53, reviewed that the proposed legislation would require
members of boards and commissions to resign their positions when
applying for political office. He said there are people who
serve on boards and commissions who are in a position to
materially affect the lives of citizens by advancing the
interests of candidates, financially and otherwise. For
example, he said there is a man serving on the Human Rights
Commission who has filed for the Alaska State Legislature. He
stated, "He ..., in fact, would be able to materially affect
something that somebody wants and be in a position to ask that
same person for ... campaign money. And because of that, I
think that one or the other of those things has to go."
9:15:20 AM
CHAIR LYNN asked if it would be possible to create a rule that a
candidate who is serving on a board or commission may not accept
a contribution from anyone on that board or commission.
REPRESENTATIVE DOOGAN said that would be a difficult law to
draft.
CHAIR LYNN noted that legislators are not allowed to accept
contributions during a legislative session.
REPRESENTATIVE DOOGAN said members of boards and commissions are
appointed for a certain number of years, and their schedule
follows that of the board or commission. He said he could not
figure out a way "to go at it in that direction, to ... limit
your ability to raise funds if you're running for office,
outside of the limitations we already have."
9:17:05 AM
REPRESENTATIVE JOHNSON asked for confirmation that the proposed
legislation pertains only to legislative or executive offices.
REPRESENTATIVE DOOGAN confirmed that is correct.
CHAIR LYNN specified that would mean the offices of legislator,
governor, and lieutenant governor.
REPRESENTATIVE JOHNSON mentioned an "advisory commission," which
is set up through the Alaska Department of Fish & Game (ADF&G).
He asked, "How far down does this go when you say boards or
commissions?"
9:18:22 AM
REPRESENTATIVE DOOGAN related that there are approximately 120
boards and commissions. He said, "They don't go down to the
level that you're talking about." He indicated that the bill
pertains to boards and commissions that are set up in statute to
be able to take "some sort of action." He offered his
understanding that that does not include advisory boards, for
example.
REPRESENTATIVE JOHNSON noted that the committee has a list of 98
boards with influence over constituent groups [included in the
committee packet]. He said he wants the legislation to be clear
whether or not it includes advisory boards that are appointed or
have their own elections, or community councils, for example.
REPRESENTATIVE DOOGAN responded that he is "not trying to get
down to that level at all."
9:20:39 AM
CHAIR LYNN asked if a clear line has been drawn.
REPRESENTATIVE DOOGAN characterized the bill as "a rough attempt
to limit the members of boards and commissions that in most
cases have got some ability to effect what the state does for
... [and] to citizens."
9:21:20 AM
CHAIR LYNN expressed concern that under HB 53, a person who
gives up his/her seat on a board or commission in order to run
for political office but does not get elected, will end up
without his/her seat on the board or commission. He said it is
difficult to find people to serve on boards and commissions.
REPRESENTATIVE DOOGAN responded that what Chair Lynn said is
true; however, he pointed out that the person would be allowed
to serve on that board or commission after a waiting period of
one year.
CHAIR LYNN remarked that getting back on a board or commission
requires an opening. He asked the reason for the proposed year
waiting period.
REPRESENTATIVE DOOGAN explained that without the year waiting
period, the person running for office could still make promises
to do things on the board or commission for the person
supporting his/her campaign.
9:24:09 AM
REPRESENTATIVE DOOGAN, in response to Representative Gatto,
confirmed that currently an elected official is allowed to serve
on a board. He pointed out that some boards require that a
legislator fill a seat.
REPRESENTATIVE GATTO related that he serves on the Alaska
Commission on Post Secondary Education, although he is not sure
he fills a seat because of being a legislator. He asked if
there could be a grandfather clause, by which a legislator
already serving on a board could remain on that board while
running for office.
REPRESENTATIVE DOOGAN offered his belief that there would be no
such grandfather clause opportunity under HB 53. In response to
a follow-up question, he stated that there is an exception under
HB 53 for the positions legislators have on boards or
commissions "by virtue of the fact that they are legislators."
9:27:33 AM
PRIYA KEANE, Staff, Representative Mike Doogan, Alaska State
Legislature, answered questions on behalf of Representative
Doogan, sponsor of HB 53. In response to Representative Gatto,
she directed attention to a legal memorandum from the bill
drafter, dated February 10, 2010. In the memorandum, Mr.
Bullard maintains that there is a separation of powers issue in
having legislators serve as public members on state boards,
commissions, or authorities - it is not legal. However, she
said certain boards, commissions, or authorities have positions
for sitting legislators. Those legislative positions are exempt
under HB 53. The purpose of Version R was to clarify that
exemption.
9:29:44 AM
REPRESENTATIVE SEATON directed attention to the last page of the
aforementioned list [included in the committee packet] of 98
boards with influence over constituent groups, and read the some
of the names on it, including: the National Park and Park
Monument Subsistence Resource Commissions, the Alaska Veterans
Advisory Council, the Board of Veterinary Examiners, the Water
and Wastewater Works Advisory Board, the Wood-Tikchik State Park
Management Council, and the Yukon River Panel Advisory
Committee. He said many of those entities are run by involved
citizens. Especially in rural Alaska, he said, it is difficult
to fill these positions with people who are active and want to
be involved in their community. He surmised that it is an
unintended consequence that the bill would prevent people who
have been active and responsible in their communities from
running for office without giving up their position for an
entire year in the event they are not elected.
9:31:23 AM
REPRESENTATIVE DOOGAN responded that that is not an unintended
consequence. He opined that people have to make choices in
life, and under HB 53, a person would have to decide whether to
run for office or stay on a board or commission. He said it is
the same choice that a public employee would have to make if
he/she ran for office.
REPRESENTATIVE SEATON directed attention to the title of the
original bill version, which includes state boards, commissions,
and authorities. He then noted that the title in Version R
includes only state boards or commissions; however, on page 2
lines 14 and 17, of Version R, authorities is included.
9:33:14 AM
MS. KEANE responded that she is not clear why the bill drafter
chose [to include "authorities" on lines 14 and 17].
9:33:29 AM
REPRESENTATIVE JOHNSON noted that [on page 2, lines 15 and 18,
of Version R], federal office is included. He questioned, "I
guess we're controlling the board, so if you run, we can remove
you from the board, so, why couldn't we do the same thing with
... municipal elections?"
REPRESENTATIVE DOOGAN replied, "I'm not sure that we couldn't."
He indicated that municipalities can decide whether or not to
address the issue.
CHAIR LYNN questioned whether "any of us on committee here
[could] run for Congress and still keep our job here."
REPRESENTATIVE DOOGAN responded no.
REPRESENTATIVE SEATON observed that there is a legislator
currently in office who is running for a federal election.
CHAIR LYNN noted that legislator is not filing for reelection to
the [legislature].
9:35:26 AM
REPRESENTATIVE JOHNSON said his point is that while cities have
control of their elections, the legislature has control of their
boards and commissions; therefore, requiring a person to resign
from a state board in order to run for a city office would be
problematic for a municipality. In response to Representative
Doogan, he said, "I think there's a difference between making it
a requirement that you not be on a board and saying you're
getting kicked off a board if you do." He indicated that one
may lead to discrimination issues. He concluded, "I think it
has to come from us, it can't come from them."
9:38:03 AM
REPRESENTATIVE DOOGAN admitted Representative Johnson might be
right.
9:38:23 AM
REPRESENTATIVE JOHNSON suggested the bill could pertain to city,
state, and federal elections.
9:39:28 AM
HOLLY HILL, Executive Director, Alaska Public Offices Commission
(APOC), noted that the definition of state boards or
commissions, as well as a list of boards which report public
financial disclosures, is found in AS 39.50.200(b).
9:40:10 AM
REPRESENTATIVE SEATON directed attention to language on page 1,
line 5, of Version R, which read: "if the person sought
nomination or became a candidate". He offered his understanding
that until a person files a letter of intent [to run for office]
he/she cannot raise funds.
MS. HILL responded that is correct. She offered her
understanding regarding nomination, that until an individual is
appointed, he/she does not file forms with APOC.
REPRESENTATIVE SEATON remarked that any intent the bill sponsor
may have of including language to ensure that people do not use
their influence on a board or commission to leverage
contributions would be redundant, because currently if someone
seeks nomination and has not filed a letter of intent, he/she is
prohibited from soliciting or raising money in pursuit of that
office.
9:43:20 AM
REPRESENTATIVE JOHNSON described a situation in which three
people from a political party are nominated for a political
office. He asked if all three nominated would be ineligible to
serve on a board, even though only one of them could possibly
get elected.
9:44:07 AM
REPRESENTATIVE SEATON commented that the bill would apply to
anyone who put his/her name forward to the selection process.
He stated, "So, it could be a dozen people in each community
that wanted to put their name forward for that seat because
they're seeking the nomination, as I read seeking the
nomination, and yet they've had no ability to file an intent or
to raise campaign funds."
9:44:43 AM
REPRESENTATIVE DOOGAN directed attention to page 2, line 1,
which read as follows:
(2) has filed a nominating petition under AS
15.25.140 - 15.25.200, AS 15.30.026, AS 15.40.180,
15.40.190, 15.40.270 - 15.40.290, or 15.40.430 -
15.40.450 to become a candidate for elective state or
federal executive or legislative office;
REPRESENTATIVE DOOGAN said his understanding of that language is
that a person has filed for office. In response to
Representative Johnson, he stated his belief that appointments
are not covered in the aforementioned statutes.
9:45:45 AM
REPRESENTATIVE PETERSEN stated, "That was basically the same
thing I was going to say, ... that unless they have filed a
declaration as a candidate then they wouldn't be covered, so, I
think it's already covered."
9:46:06 AM
REPRESENTATIVE GRUENBERG opined that HB 53 is a confusing bill.
He described proposed legislation as possible solutions to
perceived problems; however, he said he is not certain what
problem is being addressed by HB 53.
9:46:49 AM
REPRESENTATIVE DOOGAN said one of the responsibilities of the
legislature is to safeguard not only the integrity of the
electoral process, but also the citizens' faith in it. He said
the proposed legislation is his attempt to address that issue.
In response to a follow-up question, he said the point is to "do
what you can to make sure that people don't think that somebody
gets a leg up."
CHAIR LYNN said the issue relates to not only reality, but
perception.
9:48:53 AM
REPRESENTATIVE GRUENBERG said, "I don't know that anybody is
going to get a ... leg up because they're on the board of
hairdressers or something like that. In fact, I don't know very
many of these boards where you'd really get a leg up." He said
his second concern is that there are many ways a person can get
a leg up that don't relate to "this." He said he is not certain
that the problem has been properly identified. He questioned
whether this issue is something that can be legislated. He said
he had thought that the purpose of the bill was to prevent
bribery, but now he is "more confused than ever."
REPRESENTATIVE DOOGAN responded that he is having trouble
understanding the cause of the confusion. He stated, "Either
you think that there are opportunities that other people don't
have, that go along with being a member of a board or
commission, in electoral terms, or you don't."
CHAIR LYNN remarked that most people running for office have
some special interest group either supporting or opposing them.
REPRESENTATIVE DOOGAN concurred, but added, "These are not
advantages that you get from being put in a position basically
that you can get that through the State of Alaska - this is a
different deal."
9:53:00 AM
REPRESENTATIVE DOOGAN, in response to Representative Gatto, said
the year waiting period begins from the date of the election.
9:54:51 AM
REPRESENTATIVE JOHNSON said a person who, for example, has
served on the Board of Fisheries and then gets elected to be a
legislator would have "huge support" from the board, which is
why HB 53 makes sense.
9:56:17 AM
CHAIR LYNN, after ascertaining that there was no one else who
wished to testify, closed public testimony.
9:56:41 AM
REPRESENTATIVE DOOGAN remarked that he has no expectations that
HB 53 will pass into law, and expressed willingness to start
over with it in the next legislative session.
9:58:05 AM
CHAIR LYNN removed his objection to the motion to adopt the
committee substitute (CS) for HB 53, Version 26-LS0296\R,
Bullard, 2/10/10, as work draft.
9:58:18 AM
REPRESENTATIVE SEATON reminded the committee that there is no
reference to "authorities" in the title of Version R, while
there is mention of "authorities" within the body of Version R.
REPRESENTATIVE GRUENBERG opined that "authorities" should be
added to the title of Version R.
REPRESENTATIVE JOHNSON suggested that the bill be held.
9:58:56 AM
CHAIR LYNN asked the bill sponsor to come back with a committee
substitute as soon as possible.
REPRESENTATIVE DOOGAN expressed compliance with the idea of
including "authorities" in the title of Version R, and said he
would have a committee substitute made.
[HB 53 was held over. The motion to adopt the committee
substitute (CS) for HB 53, Version 26-LS0296\R, Bullard,
2/10/10, as work draft, was left pending.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| 01 HB0394A.pdf |
HSTA 3/18/2010 8:00:00 AM |
HB 394 |
| 02 HB 394 Sponsor.pdf |
HSTA 3/18/2010 8:00:00 AM |
HB 394 |
| 03 HB394 IBM.pdf |
HSTA 3/18/2010 8:00:00 AM |
HB 394 |
| 04 HB 394 Archive info.pdf |
HSTA 3/18/2010 8:00:00 AM |
HB 394 |
| 05 HB 394 software options.pdf |
HSTA 3/18/2010 8:00:00 AM |
HB 394 |
| 06 HB394-DOA-ETS-03-15-10.pdf |
HSTA 3/18/2010 8:00:00 AM |
HB 394 |
| 01 HB 53- Bill.pdf |
HSTA 1/28/2010 8:00:00 AM HSTA 3/18/2010 8:00:00 AM |
HB 53 |
| 02 HSTA - HB 53 Sponsor Statement.pdf |
HSTA 1/28/2010 8:00:00 AM HSTA 3/18/2010 8:00:00 AM |
HB 53 |
| 03 HB053-OOG-EO-01-22-10.pdf |
HSTA 1/28/2010 8:00:00 AM HSTA 3/18/2010 8:00:00 AM |
HB 53 |
| 04 HSTA - HB 53 Sectional Analysis.pdf |
HSTA 1/28/2010 8:00:00 AM HSTA 3/18/2010 8:00:00 AM |
HB 53 |
| 05 HSTA - HB 53 Leg. Research Report.pdf |
HSTA 1/28/2010 8:00:00 AM HSTA 3/18/2010 8:00:00 AM |
HB 53 |
| 06 HSTA - HB 53 Back Up Charts.pdf |
HSTA 1/28/2010 8:00:00 AM HSTA 3/18/2010 8:00:00 AM |
HB 53 |
| 07 HSTA - HB 53 Statutues Affected by HB 53.pdf |
HSTA 1/28/2010 8:00:00 AM HSTA 3/18/2010 8:00:00 AM |
HB 53 |
| 08 HB 53 - Back Up Report.pdf |
HSTA 1/28/2010 8:00:00 AM HSTA 3/18/2010 8:00:00 AM |
HB 53 |
| 09 HB 53 - Back Up Table.pdf |
HSTA 3/18/2010 8:00:00 AM |
HB 53 |
| HB 53- CS.PDF |
HSTA 3/18/2010 8:00:00 AM |
HB 53 |
| HB 53- Legal Memo.PDF |
HSTA 3/18/2010 8:00:00 AM |
HB 53 |
| HB 53- Summary of Changes in CS Version R.PDF |
HSTA 3/18/2010 8:00:00 AM |
HB 53 |
| HB394-DOLWD-CO-03-17-10.pdf |
HSTA 3/18/2010 8:00:00 AM |
HB 394 |
| HB394-EED-ESS-3-17-10.pdf |
HSTA 3/18/2010 8:00:00 AM |
HB 394 |