Legislature(2021 - 2022)BUTROVICH 205
05/12/2021 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SJR6 | |
| HB109 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 129 | TELECONFERENCED | |
| + | HB 3 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 109 | TELECONFERENCED | |
| += | SJR 6 | TELECONFERENCED | |
HB 109-EXTEND BAR ASS'N BOARD OF GOVERNORS
3:22:34 PM
CHAIR HOLLAND reconvened the meeting and announced the
consideration of HOUSE BILL NO. 109, "An Act extending the
termination date of the Board of Governors of the Alaska Bar
Association; and providing for an effective date."
[HB 109 was previously heard on 5/5/21 and 5/7/21. Public
testimony was opened and closed on 5/5/21.]
3:22:59 PM
SENATOR SHOWER moved to adopt Amendment 1, [work order 32-LS
0592\A.6].
32-LS0592\A.6
Fisher
5/11/21
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR SHOWER
TO: HB 109
Page 1, line 6:
Delete "2029"
Insert "2026"
CHAIR HOLLAND objected for discussion purposes.
SENATOR SHOWER explained Amendment 1. He stated that the
committee discussed reducing the time for the next sunset review
from eight years to a shorter timeframe. On page 1, line 6,
Amendment 1 would delete "2029" and insert "2026" to provide the
next sunset review in five years.
3:23:33 PM
CHAIR HOLLAND recalled that the last audit suggested an increase
in continuing legal education (CLE). He related his
understanding that this would allow the auditors to revisit the
CLE issue. Amendment 1 would provide the legislature an
opportunity to review the board in three years.
SENATOR SHOWER agreed that captured Amendment 1.
3:24:04 PM
SENATOR KIEHL stated his support to increase the number of CLE
hours required. He stated that he has requested a bill to
require an increase to CLE hours to ensure that will occur. He
offered his view that Amendment 1 would take an otherwise clean
audit that recommended the maximum number of hours before the
next sunset audit. He said he did not think it was worth the
extra cost to the state to conduct the audit and for the board
to comply with the audit.
3:24:45 PM
SENATOR HUGHES related that there is a separation of powers
issue with requiring additional CLE hours because it would take
a Court Rule change and two-thirds vote by the legislature. She
said she decided against offering such an amendment. She pointed
out that the [Board of Governors of the Alaska Bar] was aware of
the issue in June 2020. The board met and assigned a committee
to address the CLE issue, which she said she finds a bit
troubling.
3:25:34 PM
CHAIR HOLLAND related that there were other minor performance
issues, including properly noticing public meetings. He stated
his support to reduce the sunset audit to five years. He said he
would maintain his objection.
3:26:00 PM
REPRESENTATIVE MATT CLAMAN, Alaska State Legislature, Juneau,
Alaska, sponsor of HB 109, stated that the House heard a sunset
audit for the Board of Certified Direct-Entry Midwives today.
The auditors recommended a two-year extension because there were
significant problems in the board's function. It reminded him to
consider whether to add the burden on auditors since it might
require adding additional auditors and growing state government.
He suggested that rather than amending the Court Rule in HB 109,
to introduce a separate bill to urge the [Alaska Bar Association
(Bar)] to change CLE hours. He offered his view that this would
likely be more effective than to extend the Board for five
years. He acknowledged he could not promise what the court would
do but it is generally receptive to those changes. He maintained
that if the committee's interest were to focus on CLE, it could
decide to extend the sunset audit review for the Board of
Governors of the Alaska Bar Association to eight years and
address CLE in a separate bill.
3:27:40 PM
SENATOR SHOWER stated that extending the board for an additional
three years made sense to him since the legislature would not
likely have time to address another bill next year and the board
will sunset next month. He suggested that the committee could
potentially hear another bill next year, but it needs to take
action now.
3:28:33 PM
CHAIR HOLLAND stated that the Senate Education Committee had
similar issues with SB 111. He suggested that if the board made
progress, he would be willing to extend the review to eight
years.
3:29:05 PM
CHAIR HOLLAND maintained his objection.
3:29:13 PM
A roll call vote was taken. Senators Shower, Hughes and Holland
voted in favor of Amendment 1 and Senator Myers and Kiehl voted
against it. Therefore, Amendment 1 was adopted by a 3:2 vote.
CHAIR HOLLAND solicited a motion.
3:29:43 PM
SENATOR SHOWER moved to report HB 109, as amended, from
committee with individual recommendations and attached fiscal
note(s). There being no objection, the SCS HB 109(JUD) was
reported from the Senate Judiciary Standing Committee.
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