03/21/2014 09:00 AM Senate FINANCE

HOUSE BILL NO. 244                                                                                                            
                                                                                                                                
     "An Act extending the termination date of the                                                                              
     Citizens' Advisory Commission on Federal Management                                                                        
     Areas in Alaska; and providing for an effective date."                                                                     
                                                                                                                                
9:07:18 AM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer noted  that the  committee heard  the Senate                                                                    
companion bill, SB 109 on February 24, 2014.                                                                                    
                                                                                                                                
REPRESENTATIVE   WES  KELLER,   discussed  the   legislation                                                                    
extending  the   sunset  date  for  the   Citizens  Advisory                                                                    
Commission on  Federal Areas (CACFA). He  requested a change                                                                    
in the  termination date from  2018 to 2021. He  pointed out                                                                    
that  the executive  director for  CACFA, Stan  Leaphart was                                                                    
available for  questions. The change was  suggested to avoid                                                                    
potential delays resulting from  the election year. He spoke                                                                    
about  his process  of working  with CACFA.  He stated  that                                                                    
regulations  coming before  the legislature  were often  the                                                                    
result  of   much  work  from  CACFA.   He  appreciated  the                                                                    
committee members' time hearing the bill.                                                                                       
                                                                                                                                
Vice-Chair Fairclough MOVED to  ADOPT the proposed committee                                                                    
substitute  for  HB  244, Work  Draft  28-LS1188\U,  (Martin                                                                    
2/27/14). There being  NO OBJECTION, it was  so ordered. The                                                                    
CS was adopted.                                                                                                                 
                                                                                                                                
9:11:20 AM                                                                                                                    
                                                                                                                                
CHRISTINE MARASIGAN,  STAFF, SENATOR KEVIN  MEYER, discussed                                                                    
the two  changes made in the  CS. The CS shortened  the time                                                                    
to sunset from  2021 to 2018. The second  change brought the                                                                    
bill under AS  44.66.010 (a), which allowed an  audit at the                                                                    
time of  the commission sunset.  She stated that  the fiscal                                                                    
note  would  remain  unchanged and  a  funding  history  was                                                                    
included  in   members'  packets.  She  stated   that  CACFA                                                                    
operated from 1980 to 1999,  when it was eliminated from the                                                                    
budget. The commission was reestablished in FY 08.                                                                              
                                                                                                                                
Co-Chair Meyer asked about the  rationale for shortening the                                                                    
termination date to 2018.                                                                                                       
                                                                                                                                
Ms.  Marasigan  mentioned  an ongoing  discussion  regarding                                                                    
boards'  and  commissions'  sunset   dates  and  costs.  The                                                                    
consensus was  that 2021 was  too long since  the commission                                                                    
had  not been  audited since  2008 because  it did  not fall                                                                    
under  the   audit  provision.   She  deferred   to  Senator                                                                    
Fairclough  for  further information  as  the  chair of  the                                                                    
Legislative Budget and Audit Committee.                                                                                         
                                                                                                                                
Vice-Chair  Fairclough  replied  that  committee  discussion                                                                    
about Alaska's  commissions revealed that CACFA  had not yet                                                                    
been  audited.  The  committee  wished  to  exercise  rights                                                                    
regarding   state  sovereign,   but   the  commission   must                                                                    
publically  notify  Alaskans.  The  audit  would  allow  the                                                                    
determination  that  CACFA  was  living up  to  the  state's                                                                    
expectations for public process.                                                                                                
                                                                                                                                
9:14:46 AM                                                                                                                    
                                                                                                                                
Senator Olson  asked Vice-Chair Fairclough  about elections.                                                                    
He  wondered  about  the   sponsor's  intent  regarding  the                                                                    
avoidance of termination during an election year.                                                                               
                                                                                                                                
Vice-Chair  Fairclough  replied that  reauthorization  could                                                                    
happen  any  time.  She  stated  that  she  would  accept  a                                                                    
termination date  of 2017  or 2019. The  board had  come and                                                                    
gone without public oversight.                                                                                                  
                                                                                                                                
Senator Olson asked about the 2021 option.                                                                                      
                                                                                                                                
Vice-Chair Fairclough replied that  2021 was five years out,                                                                    
which was  a long extension for  a board that had  yet to be                                                                    
audited.                                                                                                                        
                                                                                                                                
9:16:28 AM                                                                                                                    
                                                                                                                                
Co-Chair Meyer asked the sponsor for a response.                                                                                
                                                                                                                                
Representative Keller  replied that every word  was recorded                                                                    
during  CACFA  meetings.  He   mentioned  a  recent  federal                                                                    
overreach summit  in which recordings  of the  meetings were                                                                    
available to the  public online under the CACFA  site on the                                                                    
Department  of  Natural  Resources   portion  of  the  state                                                                    
website.  He  stated  that  CACFA   welcomed  an  audit.  He                                                                    
stressed that he was not  requesting an extension to 2021 to                                                                    
avoid  an  audit.  The reasons  were  related  to  potential                                                                    
delays  from an  election year.    He spoke  about times  of                                                                    
public  participation that  were  noticed appropriately  and                                                                    
attended by  concerned citizens with recorded  comments. The                                                                    
intent of the commission was for proper notice.                                                                                 
                                                                                                                                
9:18:18 AM                                                                                                                    
                                                                                                                                
Co-Chair Meyer  stated that a  compromise could  be reached.                                                                    
He OPENED public testimony.                                                                                                     
                                                                                                                                
Co-Chair Meyer  CLOSED public testimony.  He noted  that the                                                                    
fiscal note was unchanged.                                                                                                      
                                                                                                                                
Senator  Olson  asked  about opposition  to  the  bill,  the                                                                    
commission or the extension date.                                                                                               
                                                                                                                                
Representative  Keller  was  not aware  of  an  oppositional                                                                    
response.                                                                                                                       
                                                                                                                                
Vice-Chair Fairclough  pointed out  that bylaws  and meeting                                                                    
notices were not listed on  the website. She elaborated that                                                                    
she   was  not   targeting  the   commission,  but   instead                                                                    
addressing the  structure of all state  boards similarly and                                                                    
fairly.  She wished  for the  general public  to access  the                                                                    
information to help advocate for the state's rights.                                                                            
                                                                                                                                
9:21:11 AM                                                                                                                    
                                                                                                                                
Representative Keller  replied that the  commission operated                                                                    
with  the highest  intent. He  appreciated the  value of  an                                                                    
audit and welcomed one.                                                                                                         
                                                                                                                                
9:21:51 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:24:53 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Vice-Chair Fairclough MOVED to  ADOPT a conceptual amendment                                                                    
on line 6  of SCSHB  244 (FIN) to extend the reauthorization                                                                    
date to 2021.  There being NO OBJECTION, it  was so ordered.                                                                    
The conceptual amendment was ADOPTED.                                                                                           
                                                                                                                                
Vice-Chair  Fairclough explained  that  the committee  issue                                                                    
was with the auditing provision.                                                                                                
                                                                                                                                
Representative  Keller shared  the desire  for audit  of all                                                                    
state  boards  and  commissions.  He stated  that  he  would                                                                    
personally request an audit of CACFA.                                                                                           
                                                                                                                                
Vice-chair  Fairclough clarified  that  the  results of  the                                                                    
audit  would  become  available   in  the  2016  legislative                                                                    
session.                                                                                                                        
                                                                                                                                
Vice-Chair Fairclough  MOVED to  REPORT SCSHB 244  (FIN) out                                                                    
of  committee   with  individual  recommendations   and  the                                                                    
accompanying fiscal  note. There being NO  OBJECTION, it was                                                                    
so ordered.                                                                                                                     
                                                                                                                                
SCSHB 244  (FIN) was  REPORTED out of  committee with  a "do                                                                    
pass"  recommendation  and  with  one  previously  published                                                                    
fiscal note: FN 1 (DNR).