04/16/2024 03:00 PM House STATE AFFAIRS

                HB 190-ALASKA SUNSET COMMISSION                                                                             
                                                                                                                                
3:21:37 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW  announced that  the next order  of business  would be                                                               
HOUSE  BILL  NO.  190,  "An  Act  establishing  a  violation  for                                                               
hindering the  Alaska Sunset Commission;  relating to  the duties                                                               
of the legislature; establishing  the Alaska Sunset Commission to                                                               
review and make recommendations  on discontinuation of or changes                                                               
to  state entities;  relating to  the  powers and  duties of  the                                                               
Alaska Sunset  Commission; and providing for  an effective date."                                                               
[Before the committee was CSHB 190(W&M).]                                                                                       
                                                                                                                                
3:21:52 PM                                                                                                                    
                                                                                                                                
The committee  took two back to  back at-eases from 3:21  p.m. to                                                               
3:25 p.m.                                                                                                                       
                                                                                                                                
3:25:16 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW  stated that  CSHB 190(W&M) was  in its  third hearing                                                               
and  the  committee was  to  hear  two proposed  amendments  from                                                               
Representative Carpenter and Representative Story.                                                                              
                                                                                                                                
3:25:40 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:25 p.m. to 3:34 p.m.                                                                       
                                                                                                                                
3:34:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CARPENTER  moved to  adopt  Amendment  1 to  CSHB
(W&M), labeled 33-LS0685\S.8, Wallace, 4/16/24, which read:                                                                  
                                                                                                                                
     Page 5, lines 6 - 10:                                                                                                      
          Delete "records, documents, and files of any                                                                          
     entity of  the state,  including any  record, document,                                                                    
     or file that is                                                                                                            
               (1)  attorney work product;                                                                                      
               (2)  an attorney-client communication; or                                                                        
               (3)  made privileged or confidential by law"                                                                     
          Insert "books, accounts, reports, or other                                                                            
     records, whether confidential or  not, of any entity of                                                                    
     the state"                                                                                                                 
                                                                                                                                
     Page 5, following line 10:                                                                                                 
     Insert a new subsection to read:                                                                                           
          "(d)  The commission has the power to hold public                                                                     
     hearings,  administer  oaths, issue  subpoenas,  compel                                                                    
     the attendance  of witnesses and production  of papers,                                                                    
     books,  accounts, documents,  and  testimony, and  have                                                                    
     the  deposition   of  witnesses   taken  in   a  manner                                                                    
     prescribed by court rule or  law for taking depositions                                                                    
     in civil actions."                                                                                                         
                                                                                                                                
     Page 5, line 27:                                                                                                           
          Delete "For purposes of this subsection, a                                                                            
     communication"                                                                                                             
          Insert "In this subsection, "communication""                                                                          
                                                                                                                                
     Page 7, line 9, following "appropriate.":                                                                                  
     Insert "Unless  confidentiality is expressly  waived by                                                                    
     the entity  of the  state, the  report may  not contain                                                                    
     any   confidential   information    obtained   by   the                                                                    
     commission under AS 44.99.710(c)."                                                                                         
                                                                                                                                
REPRESENTATIVE WRIGHT objected for the purpose of discussion.                                                                   
                                                                                                                                
3:34:41 PM                                                                                                                    
                                                                                                                                
DONNA  ARDUIN,  Staff,  Representative Ben  Carpenter,  explained                                                               
proposed  amendments to  CSHB 190  (W&M)  on behalf  of the  bill                                                               
sponsor,  the House  Special Committee  on Ways  and Means.   She                                                               
detailed  the goals  of  CSHB  190 (W&M)  and  said the  proposed                                                               
amendment   would  allow   for  subpoena   power  to   come  from                                                               
legislative audits  and rewrite certain statutes  relating to the                                                               
Alaska Sunset Commission (ASC).                                                                                                 
                                                                                                                                
3:36:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STORY   commented  that  she  was   grateful  for                                                               
Representative Carpenter's decision  to remove language regarding                                                               
the ASC's power  to disregard legal rulings.  She  added that she                                                               
has not had a chance to  review the language being changed by the                                                               
proposed amendment  and asked  to hear  legal counsel  from Megan                                                               
Wallace of Legislative Legal Services.                                                                                          
                                                                                                                                
3:37:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STORY  asked for  Ms.  Wallace's  opinion on  the                                                               
legality  of  the  proposed  ability  for  the  ASC  to  issue  a                                                               
subpoena.                                                                                                                       
                                                                                                                                
MEGAN  WALLACE,   Chief  Counsel,  Legislative   Legal  Services,                                                               
Legislative  Affairs Agency,  answered  that  the ASC's  proposed                                                               
subpoena power  is similar to  the subpoena power granted  to the                                                               
Legislative  Counsel  or  the   Legislative  Audit  Division  and                                                               
explained   that  the   difference  between   the  aforementioned                                                               
examples and  the ASC  is that the  commission is  established in                                                               
the  Office of  the Lieutenant  Governor, which  would leave  the                                                               
duty of  oversight of the  subpoenas being issued to  a presiding                                                               
officer of the commission, not the commissioners themselves.                                                                    
                                                                                                                                
REPRESENTATIVE STORY  asked Ms. Wallace if  she thought Amendment                                                               
1 would give  the state legal protections  and further questioned                                                               
if the proposed  amendment would "give the state  something to be                                                               
cautious of."                                                                                                                   
                                                                                                                                
MS.  WALLACE explained  that Legislative  Legal Services  did not                                                               
identify any specific legal problems  with the proposed amendment                                                               
but advised  that there is  a legal risk  in allowing the  ASC to                                                               
issue subpoenas.                                                                                                                
                                                                                                                                
3:43:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STORY asked Representative  Carpenter if the Texas                                                               
Sunset Commission  has the  ability to issue  subpoenas as  he is                                                               
proposing the ASC should be allowed to do.                                                                                      
                                                                                                                                
3:44:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARPENTER  answered that  he would have  to follow                                                               
up  with information  later and  clarified  that the  aim of  the                                                               
proposed legislation  is to be  able compel the  executive branch                                                               
to participate in  the process of reviewing  a given organization                                                               
under audit.                                                                                                                    
                                                                                                                                
3:45:46 PM                                                                                                                    
                                                                                                                                
MS. ARDUIN added her understanding that  there would be a risk to                                                               
not having the proposed subpoena  language in Amendment 1 because                                                               
there would be no way to  get state departments to cooperate with                                                               
the ASC.                                                                                                                        
                                                                                                                                
3:46:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WRIGHT removed  his  objection to  the motion  to                                                               
adopt Amendment 1.   There being no  further objection, Amendment                                                               
1 was adopted.                                                                                                                  
                                                                                                                                
3:46:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CARPENTER  moved to  adopt  Amendment  6 to  CSHB
(W&M), as amended, labeled 33-LS0685\S.6, Wallace, 4/15/24.                                                                  
                                                                                                                                
     Page 7, line 28:                                                                                                           
          Following "unit":                                                                                                     
          Insert "in the executive branch"                                                                                      
          Following "Alaska":                                                                                                   
        Insert ", but does not include an agency in the                                                                         
     judicial or legislative branch of state government"                                                                        
                                                                                                                                
REPRESENTATIVE WRIGHT objected for the purpose of discussion.                                                                   
                                                                                                                                
REPRESENTAITVE  CARPENTER   explained  that  Amendment   6  would                                                               
maintain  a separation  of  powers between  the  branches of  the                                                               
Alaska  State  Government  by  keeping the  ASC  limited  to  the                                                               
executive branch.                                                                                                               
                                                                                                                                
3:47:35 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 3:47 p.m.                                                                                 
                                                                                                                                
3:48:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STORY   said  she  would  not   be  offering  her                                                               
amendment  because  her  concerns were  addressed  by  previously                                                               
adopted Amendments.                                                                                                             
                                                                                                                                
3:48:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CARPENTER  noted  that [Amendment  6]  was  still                                                               
before the committee.                                                                                                           
                                                                                                                                
3:49:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WRIGHT withdrew  his objection  to the  motion to                                                               
adopt Amendment 6.   There being no  further objection, Amendment                                                               
6 was adopted.                                                                                                                  
                                                                                                                                
3:49:26 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:49 p.m. to 3:50 p.m.                                                                       
                                                                                                                                
3:50:46 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW clarified that Amendment 6 had been adopted.                                                                         
                                                                                                                                
3:51:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STORY  reiterated that  she would not  be offering                                                               
her amendment.                                                                                                                  
                                                                                                                                
3:51:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WRIGHT moved to report  CSHB 190(W&M), as amended,                                                               
out  of   committee  with  individual  recommendations   and  the                                                               
accompanying  fiscal  notes.   There  being  no  objection,  CSHB
(STA) was  reported out  of the  House State  Affairs Standing                                                               
Committee.