03/24/2014 01:00 PM House JUDICIARY

                        HB 127-OMBUDSMAN                                                                                    
                                                                                                                                
1:21:51 PM                                                                                                                    
                                                                                                                                
CHAIR  WES KELLER  announced  that the  first  order of  business                                                               
would  be  HB127,   "An  Act  clarifying  that   the  Alaska  Bar                                                               
Association is  an agency for  purposes of investigations  by the                                                               
ombudsman;  relating  to compensation  of  the  ombudsman and  to                                                               
employment  of  staff by  the  ombudsman  under personal  service                                                               
contracts;  providing  that  certain  records  of  communications                                                               
between  the ombudsman  and  an agency  are  not public  records;                                                               
relating  to  disclosure  by  an   agency  to  the  ombudsman  of                                                               
communications  subject  to  attorney-client and  attorney  work-                                                               
product privileges;  relating to  informal and formal  reports of                                                               
opinions and  recommendations issued  by the  ombudsman; relating                                                               
to the privilege  of the ombudsman not to testify  and creating a                                                               
privilege under which  the ombudsman is not  required to disclose                                                               
certain documents; relating to procedures  for procurement by the                                                               
ombudsman; relating  to the definition  of 'agency'  for purposes                                                               
of the ombudsman Act and  providing jurisdiction of the ombudsman                                                               
over  persons   providing  certain  services  to   the  state  by                                                               
contract;  and  amending  Rules  501 and  503,  Alaska  Rules  of                                                               
Evidence."   [Before  the   committee   was  proposed   committee                                                               
substitute  (CS)  for  HB   127,  Version  28-LS0088\D,  Gardner,                                                               
3/19/14.]                                                                                                                       
                                                                                                                                
CHAIR KELLER  spoke of his conviction  that HB 127 is  one of the                                                               
most important bills in the legislature this session.                                                                           
                                                                                                                                
1:22:52 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER  noted that more  work needs to  be done on  the law                                                               
defining the ombudsman.  He  noted a constituent call he received                                                               
last night regarding the importance  of the legislature having an                                                               
investigative branch that can look  into "the activities of where                                                               
ever  we  spend  our  money."   Chair  Keller  said  that  it  is                                                               
important  to   have  a   strong  ombudsman   with  investigative                                                               
jurisdiction.   "It  helps the  legislature maintain  in a  state                                                               
that ...  has a  strong executive/judicial  element and  a weaker                                                               
legislature, and that is why I  was determined to go slow with HB
."   Unfortunately,  he  said, he  has  been streamlining  the                                                               
process  so the  more essential  elements  of the  bill can  pass                                                               
[this session],  but there is  a consensus on the  committee that                                                               
this issue will continue into the interim.                                                                                      
                                                                                                                                
1:25:13 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER closed public testimony.                                                                                           
                                                                                                                                
1:26:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MAX GRUENBERG thanked  everybody who worked on the                                                               
bill.   He noted that  good progress has  been made in  coming to                                                               
where  it  is today.    He  said the  committee  is  down to  one                                                               
amendment,  and  he  moved  to adopt  Amendment  1,  labeled  28-                                                               
LS0088\D.1, Gardner, 3/20/14, which read:                                                                                       
                                                                                                                                
                                                                                                                                
     Page 3, lines 9 - 10:                                                                                                      
                                                                                                                                
     Delete "construction, and office space"                                                                                
                                                                                                                                
     Insert "and office space, and for construction limited                                                                 
       to providing and maintaining office space for the                                                                    
          office of the ombudsman"                                                                                          
                                                                                                                                
1:26:24 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER objected.                                                                                                          
                                                                                                                                
1:26:55 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:26 p.m. to 1:28 p.m.                                                                       
                                                                                                                                
1:28:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG withdrew Amendment  1 and moved to adopt                                                               
proposed committee substitute (CS) for HB 127, labeled 28-                                                                      
LS0088\D, Gardner, 3/19/14, as the working document.                                                                            
                                                                                                                                
1:28:45 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER objected.                                                                                                          
                                                                                                                                
1:29:46 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER removed  his  objection.   There  being no  further                                                               
objections, Version D was before the committee.                                                                                 
                                                                                                                                
1:29:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG moved to adopt Amendment 1, labeled 28-                                                                
LS0088\D.1, Gardner, 3/20/14, [text provided previously].                                                                       
                                                                                                                                
CHAIR KELLER objected.                                                                                                          
                                                                                                                                
1:30:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG stated that  [CSHB 127, Version] D, page                                                               
3,  line  9-10,  appears  to   provide  the  ombudsman  with  the                                                               
opportunity to engage  in any kind of construction  or to acquire                                                               
and renovate any kind  of office space.  It is  the intent of the                                                               
committee  to  limit  the  language   to  office  space  for  the                                                               
ombudsman's  office,  he  opined.     The  amendment  makes  this                                                               
clarification, he explained.                                                                                                    
                                                                                                                                
1:31:21 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER removed  his  objection.   There  being no  further                                                               
objections, Amendment 1 was adopted.                                                                                            
                                                                                                                                
1:31:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BOB  LYNN moved  to report  CSHB 127,  labeled 28-                                                               
LS0088\D,  Gardner, 3/19/14,  as amended,  out of  committee with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There being  no objections, CSHB  127(JUD) was reported  from the                                                               
House Judiciary Standing Committee.                                                                                             
                                                                                                                                
1:32:01 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:32 p.m. to 1:34 p.m.                                                                       
                                                                                                                                
1:34:24 PM