Legislature(2009 - 2010)CAPITOL 120
03/29/2010 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB381 | |
| HB348 | |
| HB381 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 348 | TELECONFERENCED | |
| += | HB 381 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 348 - PERSONNEL BOARD MEMBERSHIP
1:52:06 PM
REPRESENTATIVE HERRON announced that the next order of business
would be HOUSE BILL NO. 348, "An Act relating to the membership
of the state personnel board." [Before the committee was CSHB
348(STA), 26-LS1360\E.]
1:52:14 PM
REPRESENTATIVE LYNN, speaking as the sponsor, explained that HB
348 would increase the range of representation to the personnel
board allowing for greater independence. He noted that HB 348
would increase the personnel board membership to five members,
which:
allows the governor to make an appointment from at
least three people nominated by the chief justice of
the Alaska Supreme Court, subject to the right of the
governor to request additional recommendations. It
also ensures the board has at least one member of each
of the two parties that got the most votes in the
previous election.
He opined that the current board representation allows for the
public perception that it is "a creature of the governor rather
than a totally independent body when it comes to investigating
executive branch ethics complaints." He stated that the purpose
of the bill was to create a better foundation of trust between
the public and elected officials.
1:55:17 PM
MIKE SICA, Staff to Representative Bob Lynn, Alaska State
Legislature, explained that HB 348 increased the personnel board
membership from three to five, and it allowed for the
appointment of a member from each of the two political parties
receiving the highest number of votes in the gubernatorial race.
He noted that Section 2 was just conforming language. He
pointed out that the two changes in CSHB 348 (STA), Version E,
were in Section 3: page 2, line 14 adds "political" after the
word "or"; and page 2, lines 16-18 reflects that these were now
reformatted into separate paragraphs (3), (4), and (5).
MR. SICA described this as a friendly bill. He described the
personnel board to be very visible, and of great interest to the
public. He pointed out that public policy questions are
discussed at the board meetings. He read the description of the
personnel board: "the personnel board, also created by the
Personnel Act, is an independent agency composed of members
appointed by the governor." He stated a desire for the board to
maintain its independence.
1:59:05 PM
REPRESENTATIVE GATTO, referring to Version E, page 1, line 15,
asked if the language "until a successor is confirmed" allowed
the governor an opportunity to control the board for many years
simply by not submitting any names for confirmation.
MR. SICA offered his understanding that language was included to
allow for interim appointments.
1:59:50 PM
REPRESENTATIVE GATTO mentioned the possibility for unintended
consequences. He questioned whether the bill should be amended
to ensure that the governor would not be able to exercise this
power.
2:01:09 PM
JUDY BOCKMON, Assistant Attorney General, State Ethics Attorney,
Opinions, Appeals, & Ethics, Civil Division (Anchorage), also
expressed concern for unintended consequences.
[Representative Herron returned the gavel to Chair Ramras.]
MS. BOCKMON expressed concern for the scope of the restrictions
in Section 3. She pointed out that Section 3 adds some
prohibitions and restrictions on conduct for campaigning and
lobbying, which includes employees of the board and persons
under contract. She asked whether the intention of the bill is
to impose these restrictions uniquely on employees hired by the
board or would these restrictions also be imposed on Department
of Administration (DOA) employees working in the [Division] of
Personnel. She questioned how these would relate to the "rights
and responsibilities" listed in AS 39.25.178. Referring to
Section 3, she questioned to whom the persons under contract
specifically referred, and if the restrictions were on an
individual or also the business.
MS. BOCKMON directed attention to the specific restrictions,
which she opined are placed on the members, not the employees.
She questioned whether the restrictions make sense for members
of the personnel board. She asked whether the intention is to
restrict the voluntary board members from any lobbying efforts
on behalf of their personal businesses. She asked to determine
the scope of the restrictions before imposing them. She opined
that the workload of the board would demand more members.
2:08:16 PM
REPRESENTATIVE GATTO agreed with the distinction between
employees of the board and persons under contract. He offered
his belief that "we don't intend to eliminate those people as
people who might have a special interest."
MS. BOCKMON clarified that the concern is for the scope of
restrictions on an employee, and for which employees are
specified. She pointed out the different types of lobbyists and
asked if this threat of restrictions was appropriate for all of
them.
2:10:35 PM
REPRESENTATIVE GRUENBERG offered his understanding that "imputed
disqualification for a conflict of interest" would often
disqualify all members of the law firm.
REPRESENTATIVE GRUENBERG suggested a conceptual amendment, as a
solution, which he stated:
Page 2, lines 8-9, following "board members"
Delete "and board employees and contractors"
Page 2, lines 9-10, following "personnel board"
Delete "an employee of the board, or a person
under contract to provide personal services to the
board"
Page 2, lines 11-12
Delete "or employment or during the term of the
person's contract"
2:12:43 PM
MS. BOCKMON agreed that either the employees or the contractors
should not be included, or the intent of the restrictions needs
to be clarified.
2:13:13 PM
REPRESENTATIVE GATTO, referring to Version E, page 2, line 11,
expressed his difficulty in understanding the difference between
a "person" and an earlier reference to a "member of the
personnel board" and the associated restrictions. He asked if
the proposed conceptual amendment would clarify this.
2:14:19 PM
REPRESENTATIVE GRUENBERG, directing attention to page 2, line
11, suggested deleting "person's" and adding "member's".
CHAIR RAMRAS expressed his desire to hear testimony prior to
discussion of any amendments.
2:15:11 PM
DOUG WOOLIVER, Administrative Attorney, Administrative Staff,
Central Office, Office of the Administrative Director, Alaska
Court System (ACS), explained the differences between the
personnel board and the ethics committee. He stated that ACS
did not want a role in the personnel management of another
branch.
2:16:32 PM
MIKE FORD, Assistant Attorney General & Legislative Liaison,
Legislation & Regulations Section, Civil Division (Juneau),
Department of Law (DOL), directing his comments to Section 1 of
the bill, pointed out the constitutional concerns for the
insertion of the judicial branch into the appointment process.
He pointed out that the Alaska State Constitution gives the
governor the power to appoint the members of boards and
commissions. He reflected that DOL views Section 1 as an
encroachment on those powers. He referenced Bradner v. Hammond,
1979, and suggested that expansion of this mechanism would not
be viewed favorably.
2:18:11 PM
CHAIR RAMRAS, after ascertaining that no one else wished to
speak, closed public testimony on HB 348.
2:18:52 PM
REPRESENTATIVE LYNN moved to adopt Amendment 1, labeled 26-
LS1360\E.1, Bullard, 3/29/10, which read:
Page 2, line 9, following "contractors.":
Insert "(a)"
Page 2, line 14:
Delete ", political committee,"
Page 2, following line 18:
Insert a new subsection to read:
"(b) In this section,
(1) "political group" has the meaning given
to "group" in AS 15.13.400;
(2) "political party" has the meaning given
in AS 15.13.400."
There being no objections, Amendment 1 was adopted.
2:19:37 PM
REPRESENTATIVE GRUENBERG moved to adopt Amendment 2, which read
[original punctuation provided]:
Page 1, line 10:
Delete "of the candidate for governor who
received the highest number of votes"
Insert "that has had the highest number of
registered voters"
Page 1, lines 11-12:
Delete "of the candidate for governor who
received the second highest number of votes"
Insert "that has had the second highest number of
registered voters"
REPRESENTATIVE GATTO objected for the purpose of discussion.
REPRESENTATIVE GRUENBERG relayed that this same issue had been
discussed in the House State Affairs Standing Committee. He
referenced the gubernatorial campaign in which Mr. Hickel ran as
an independent, not as a member of a major party. He pointed
out that with the current language of the bill, this would have
allowed for an Independent and a Republican Party member, but
not a Democratic Party member, to be nominated to the board. He
explained that Amendment 2 would guarantee that the two largest
political parties in Alaska would have a member on the state
personnel board.
REPRESENTATIVE GATTO requested more discussion.
REPRESENTATIVE GRUENBERG offered his belief that the purpose of
the bill is to require a bipartisan membership on the board and
ensure membership of the two major political groups. He pointed
out that the remaining members of the board could be non-
partisan.
REPRESENTATIVE GATTO removed his objection.
CHAIR RAMRAS, noting that there were no further objections,
announced that Amendment 2 was adopted.
2:23:07 PM
REPRESENTATIVE GRUENBERG moved to adopt Amendment 3, which read
[original punctuation provided]:
page 2 lines 8-13
delete all material
and insert
"Sec.39.25.064. Prohibited conduct by board
members. A member of the personnel board may not,
during the member's term of office,"
CHAIR RAMRAS, noting that there were no objections, announced
that Amendment 3 was adopted.
REPRESENTATIVE GRUENBERG reflected on discussions in the House
State Affairs Standing Committee whether the chief justice of
the supreme court should be involved [in the nomination
process.]
CHAIR RAMRAS replied that he was content with CSHB 348(STA), as
amended.
REPRESENTATIVE LYNN concurred.
2:24:30 PM
REPRESENTATIVE GATTO asked whether the courts objected to
submitting a list of nominees.
MR. WOOLIVER replied that the court, although preferring not to
be involved, will submit the nominations.
2:25:28 PM
REPRESENTATIVE HERRON moved to report CSHB 348(STA), as amended,
out of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, CSHB
348(JUD) was reported from the House Judiciary Standing
Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 08 HB381 Proposed HJUD CS.pdf |
HJUD 3/29/2010 1:00:00 PM |
|
| CS HB 381 Sponsor Statement HJUD.pdf |
HJUD 3/29/2010 1:00:00 PM |
HB 381 |