Legislature(2023 - 2024)BARNES 124
04/27/2023 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB133 | |
| HB134 | |
| HB153 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 133 | TELECONFERENCED | |
| += | HB 134 | TELECONFERENCED | |
| *+ | HB 153 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 133-MUNICIPAL SERVICE AREA BOARD MEETINGS
8:05:45 AM
CHAIR MCCORMICK announced that the first order of business would
be HOUSE BILL NO. 133, "An Act exempting municipal service area
boards from the requirements of the Open Meetings Act; and
providing for an effective date."
8:06:05 AM
REPRESENTATIVE JESSE SUMNER, Alaska State Legislature, as prime
sponsor, presented HB 133. He read the sponsor statement
[included in the committee packet], which read as follows
[original punctuation provided]:
House Bill 133 would give specific exemptions to local
municipalities on the Open Meetings Act.
Currently, the Open Meetings Act (OMA) doesn't allow
for Board Supervisors on the Road, Safety and
Assessment (RSA) board to ride in the same vehicle,
because of the quorum statute in OMA. For example, in
the Mat-Su Borough, RSA is an advisory only position
appointed by the Mayor. These positions are strictly
voluntary; with no power to contract or spend any of
the Borough's money.
Not only would this change incentivize local board
members; which has been a problem filling, but in the
Mat-Su Valley, it is critical to get all the
Supervisors together and brainstorm on how best to
solve Borough issues, without the cloud of the OMA.
Currently, in practice, if a board member found out
something wrong with a road, he or she does not have
the ability to call others on the board to come look
at said problem and discuss solutions on solving the
issue, because of the Open Meetings Act. This is a big
problem for local municipalities with an easy solution
set forth in this bill.
Please join us in supporting HB 133.
8:07:41 AM
STEVE MENARD, Chief of Staff, Representative Jesse Sumner,
Alaska State Legislature, gave the sectional analysis for HB
133, on behalf of Representative Sumner, prime sponsor, which
read as follows [original punctuation provided]:
Section I:
Just a small grammatical amendment AS 44.62.310(d)(5)
from UPON to ON.
And
Removes a portion of AS 44.62.310(d)(8) to ultimately
read "meetings of municipal service area boards
established under AS 29.35.450 29.35.490." This is
the heart of the Bill that will give the power back to
local municipalities to function reasonable in
deciding on how best to problem-solve and not be in
violation of the Open Meetings Act.
Section II:
If passed, this would take effect immediately under AS
01.10.070©.
8:09:18 AM
JILL PARSON, Big Lake Road Service Area, explained she is on the
Road, Safety, and Assessment (RSA) 21 Big Lake Board of
Supervisors, and stated that the board is significantly impacted
by the Open Meetings Act (OMA). While all meetings are open to
the public, that does not work when observing road conditions is
the reason for the meeting and sight visits are often
spontaneous and weather dependent. She noted that board members
end up driving in separate vehicles, so they do not have a
quorum of their five-member board in any one vehicle. If all
five members traveled in one vehicle, they could discuss and
evaluate issues in between stops - a valuable and efficient way
to find solutions to road problems. Members can then be
prepared with alternatives to present to the public at regularly
scheduled monthly meetings in which the public participates.
8:11:27 AM
REPRESENTATIVE MEARS observed that "the work folks do in
infrastructure" is underappreciated, and she stressed the
importance of having site visits. She said she looked forward
to supporting the bill.
8:12:04 AM
REPRESENTATIVE MCCABE offered his understanding that the makers
of the statute assume that any time the board members get
together they will be talking about common interests, and the
ultimate authority for "the spend" comes from the assembly.
8:13:27 AM
REPRESENTATIVE SUMNER replied that it may seem like the
Matanuska-Susitna Borough is taking the Act too seriously, but
it may be the only municipality that has a standing injunction.
8:13:47 AM
REPRESENTATIVE MCCABE confirmed his understanding of the legal
aspect, and said he thought there is some intent to increase the
size of the road service area board in different RSA districts
that currently cannot be increased, due to the restrictions. He
stated he supported the legislation.
8:14:42 AM
REPRESENTATIVE RUFFRIDGE asked for clarification that the
provisions under HB 133 would ensure the service area board
would still have some kind of mechanism to have a say in public
meetings, and he questioned what would prevent the board from
having all its meetings behind closed doors.
8:15:25 AM
REPRESENTATIVE SUMNER replied, "We did bring the bill that way
... as a bare bones approach to this." He said he did not think
it would be problematic for the service area boards to be
excluded from the OMA, although he would consider it a friendly
amendment if the committee were to "put some side rails" on the
legislation.
8:15:52 AM
REPRESENTATIVE SUMNER, in response to a question from
Representative Himschoot regarding board discussion on the road,
said it would be difficult outside of a public meeting to pass a
resolution. It is the assembly that ultimately has the "purse
strings" and is accountable to the public.
8:17:21 AM
MR. MENARD further explained the vital point of the bill is
local authority, the assembly's ability to set the parameters of
when to meet, what to discuss, and when to present to the
public.
8:17:52 AM
REPRESENTATIVE MCCABE asked if the borough code sets the timing
and dates for RSA required meetings.
REPRESENTATIVE SUMNER replied that local government couldn't set
times and dates out in code without the restriction that the OMA
has created.
8:19:19 AM
MOKIE TEW gave invited testimony on HB 133 and informed the
committee he is a Matanuska-Susitna Borough Assembly member. He
explained that the operation of the road superintendent and RSA
supervisor are hindered in regard to responding when the
citizens call about road problems; it is difficult for more than
one assembly member to go out and look at the problem on the
road and then report the problem and possible solution back to
the Mat-Su Borough road superintendent. He stated that the bill
would allow the road supervisors to volunteer people, and when
meetings take place, solutions are formulated and put together.
He stressed that there is no intention of excluding the public
from the meeting. In conclusion, he said that a much stronger
team of people would be built as a result of having a "volunteer
road supervisor."
8:24:14 AM
CHAIR MCCORMICK thanked Mr. Tew for his testimony and invited
questions from the committee.
8:24:25 AM
REPRESENTATIVE MEARS was curious if anyone had reached out to
other areas of the state to find out if there were any similar
issues or questions.
MR. MENARD replied he did not, that this was brought as a
specific issue in the Mat-Su Valley.
8:26:04 AM
REPRESENTATIVE SUMNER expressed his appreciation for being able
to present HB 133.
8:26:13 AM
CHAIR MCCORMICK announced that HB 133 was held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 133 Open Meeting Act-Sponsor statement.pdf |
HCRA 4/27/2023 8:00:00 AM |
HB 133 |
| HB 133 Sectional Analysis.pdf |
HCRA 4/27/2023 8:00:00 AM |
HB 133 |
| HB 153 DOR Fiscal Note.pdf |
HCRA 4/27/2023 8:00:00 AM |
HB 153 |
| HB 153 Sectional Analysis.pdf |
HCRA 4/27/2023 8:00:00 AM |
HB 153 |
| HB 153 Sponsor Statement.pdf |
HCRA 4/27/2023 8:00:00 AM |
HB 153 |
| HB 153 Selections from DOR Fall Revenue Source Book.pdf |
HCRA 4/27/2023 8:00:00 AM |
HB 153 |
| HB 133 Written Testimony.pdf |
HCRA 4/27/2023 8:00:00 AM |
HB 133 |
| HB 134 Written Testimony.pdf |
HCRA 4/27/2023 8:00:00 AM |
HB 134 |
| HB 153 Written Testimony.pdf |
HCRA 4/27/2023 8:00:00 AM |
HB 153 |
| HB 134 Written Testimony through 1000 4.26.23.pdf |
HCRA 4/27/2023 8:00:00 AM |
HB 134 |
| HB 134 Letter of Support Alaska REALTORS.pdf |
HCRA 4/27/2023 8:00:00 AM |
HB 134 |