Legislature(2009 - 2010)CAPITOL 106
01/28/2010 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB53 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 53 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 53-CANDIDATES INELIGIBLE FOR BDS/COMMISSIONS
8:08:17 AM
CHAIR LYNN announced that the only order of business was HOUSE
BILL NO. 53, "An Act relating to eligibility for membership on
state boards, commissions, and authorities."
8:09:05 AM
CHAIR LYNN made a brief remark concerning the submission of
bills to the committee chair.
8:10:07 AM
PRIYA KEANE, Staff, Representative Mike Doogan, Alaska State
Legislature, presented HB 53 on behalf of Representative Doogan,
prime sponsor. She said the proposed legislation would require
members of boards and commissions to resign their memberships
before filing for office. Furthermore, the bill would disallow
those who have run for offices from becoming members of boards,
commissions, or authorities for a full calendar year.
MS. KEANE said under current law, a number of people must resign
their positions if they want to run for offices, including:
state employees and members of boards and commissions that
receive a salary for being on a board or commission. Of the 123
boards, commissions, and authorities in state government, 22 are
affected by this provision. That equates to approximately 176
people. Ms. Keane said HB 53 would extend the provision to the
remaining 101 boards and commissions, which would affect
approximately 984 members of boards and commissions if this were
added.
8:11:19 AM
MS. KEANE imparted that the bill is broken into three sections.
The first section would amend AS 39.05.100 to stipulate that a
person would not be eligible for appointment to a state board,
commission, or authority if that person sought nomination or
became a candidate for elective or federal office during the
preceding year. An exception is provided for positions where
holding a particular elective, state, or federal office is
required by law for appointment. Ms. Keane pointed out that
that exception would encompass all legislators and the boards on
which they serve. Section 2 of the bill would require that
members of board, commissions, and authorities that are not
compensated must resign from their position when they seek
nomination or become a candidate for state or national elective
office. Section 3 of the bill would provide that Section 1
would only apply to candidates who run for office or file for
candidacy after the effective date of the Act, which would be 90
days after it is signed into law.
8:12:25 AM
CHAIR LYNN asked Ms. Keane if the bill would affect him if he
were to run for office in a local municipality, for the State of
Alaska, or for U.S. Congress.
MS. KEANE confirmed that is correct.
CHAIR LYNN asked what prompted this proposed legislation.
8:13:19 AM
REPRESENTATIVE MIKE DOOGAN, Alaska State Legislature, as prime
sponsor, related that when someone was "put up for a commission"
who also filed for legislative office, that is when he began
considering this bill. He explained that there could be the
appearance of wrong-doing, even where there is none, because
some boards and commissions have authority over that which they
oversee.
8:16:19 AM
REPRESENTATIVE DOOGAN, in response to Chair Lynn, confirmed that
he thinks HB 53 is a proactive bill. He said he thinks it is
better to prevent a problematic situation.
CHAIR LYNN indicated that every member of the legislature is a
member of some profession that might be benefitted by their
position in the legislature.
REPRESENTATIVE DOOGAN pointed out that being a member of a board
or commission goes further toward being able to "one way or
another help people out." He offered an example.
CHAIR LYNN spoke of not being able to collect contributions
during session.
8:19:37 AM
REPRESENTATIVE P. WILSON said she serves on two commissions:
one is a federal commission that requires a legislator to be a
member; the other is an education organization that wanted her
to serve because she is the chair of the House Education
Standing Committee. She asked if the education organization
would need to make changes if HB 53 passes.
8:20:33 AM
REPRESENTATIVE DOOGAN offered his understanding that legislators
are exempt and would continue to be exempt under HB 53. He said
a legislator's actions are scrutinized, which is not the case
with "a group that numbers more than a 1,000." He stated, "So,
the idea that a legislator's going to be able to use that kind
of a position to get an advantage is, frankly, just not really
well founded, I think, in the real world."
REPRESENTATIVE P. WILSON asked then why someone who is running
for the legislature is not exempt if a legislator does not have
to resign to run for a state board, commission, or authority.
8:22:02 AM
MS. KEANE noted that AS 39.25.160(b) lists those employees who
currently have to resign any position held in state service when
seeking nomination or becoming a candidate for state or national
elective political office, while a member of the legislature is
listed as one of the exemptions in paragraph (3).
REPRESENTATIVE DOOGAN explained that the exemption applies to a
legislator's status.
8:24:41 AM
REPRESENTATIVE P. WILSON said she understands the idea behind
the exemption of a standing legislator, but questions why a
person running to be a legislator is not exempt. She asked if
that is constitutional.
REPRESENTATIVE DOOGAN answered that he has been told there is no
constitutional problem.
8:26:15 AM
REPRESENTATIVE DOOGAN, in response to Chair Lynn, said he thinks
the director of Boards and Commissions is always having to fill
positions, for many reasons. He said he does not think [HB 53]
would increase [the number of times positions have to be
filled].
CHAIR LYNN opined that serving on a board or commission is a
good way to earn public policy experience.
8:27:59 AM
REPRESENTATIVE JOHNSON asked if those serving on boards and
commissions fall under the same ethics requirements as
legislators.
REPRESENTATIVE DOOGAN said he does not know.
REPRESENTATIVE JOHNSON suggested that may make a difference in
Representative Wilson's concern. He then asked if the Alaska
State Legislature has the power to force someone to resign who
is running for a federal office.
REPRESENTATIVE DOOGAN offered his understanding that since the
legislature is setting the rules for board and commission
membership, rather than for membership for a particular office,
it is allowable to tell someone who is filing for a federal seat
that he/she cannot be on a board or commission.
REPRESENTATIVE JOHNSON referred to language [on page 1, lines 5-
7], which states that a person "would not be eligible for
appointment to a state board, commission, or authority if the
person sought nomination or became a candidate for elective
state or federal office during the preceding year". He
questioned whether that may deny someone the opportunity to
serve, and he asked the bill sponsor how big an issue that
language is.
8:31:19 AM
REPRESENTATIVE DOOGAN responded as follows:
REPRESENTATIVE DOOGAN explained that the provision is included
to address a situation in which a legislator, who is a member of
a board or commission, resigns his/her position on the board or
commission in order to run for state or federal office. The
situation could be one in which during the course of the
campaign, the legislator may or may not receive a campaign
contribution by someone who is affected by the board or
commission. Upon completion of the campaign, the legislator or
elected official could return to his/her position on the
commission or board and help or not help someone in the
profession [related to the board or commission on which he/she
sat]. Therefore, the language on page 1, lines 5-7, provides a
sort of a one-year, cooling-off period.
REPRESENTATIVE JOHNSON explained his concern is filling board
positions. He said very few people run over and over again, but
the person who runs once and does not get an appointment may
still have a desire to serve. He said he does not want to
curtail that knowledge pool.
8:33:44 AM
REPRESENTATIVE DOOGAN, in response to Chair Lynn, said the bill
is strictly about memberships on [state] boards and commissions.
8:34:09 AM
REPRESENTATIVE GATTO named two board positions on which he
served before election, one of which was a paid position on a
school board. He said when he ran for office, he kept his
position on the school board for as long as possible. He said
he knew that as a state legislator he could favor a school
board. He said the non-paying board on which he served was with
the Parks & Recreation Division.
8:35:48 AM
MS. KEANE responded that the proposed legislation applies only
to state boards, commissions, and authorities; it would not
require a person on a school board seat to give up that seat in
order to run for office. Ms. Keane offered her understanding
that the Parks & Recreation board to which Representative Gatto
referred is state affiliated.
8:36:13 AM
REPRESENTATIVE SEATON said he thinks it is the sitting
legislator that has the most influence, not the person running
for office who does not already have a seat. He said it seems
as though the bill would protect incumbents.
8:38:09 AM
REPRESENTATIVE DOOGAN responded that legislators and members of
the public who serve on the same board have equal power, but it
is not desirable to allow people to take whatever authority they
might have and try to "parlay it into a bunch of money to run
for higher office."
8:40:56 AM
REPRESENTATIVE SEATON interpreted that the bill sponsor thinks
there is less perceived ability for a legislator who is a member
of a board or commission to leverage money from the board or
commission than someone who is not a legislator who is a member
of a board or commission.
REPRESENTATIVE DOOGAN answered that that is not correct. He
offered an example to clarify. He said people will not make the
decision whether or not to contribute to an incumbent's campaign
based on his/her membership on a board, but will make the
decision based on what that legislator has accomplished so far.
Conversely, he said a person on a board or commission who is
running for the legislature may raise money based on how he/she
has helped the voters in the past and will, as a member of a
board or commission, help the voters in the future. He spoke of
expecting money for favors done.
REPRESENTATIVE SEATON, regarding Representative Wilson's
previously stated concern, asked for a legal opinion regarding
whether it is okay to discriminate between the incumbent and
non-incumbent.
REPRESENTATIVE DOOGAN said he would get that legal opinion.
8:44:37 AM
REPRESENTATIVE PETERSEN said there are a lot of small towns and
villages in Alaska and approximately 900 people on the boards
who represent different parts of the state. He related that
having come from a small town in Iowa, he knows how hard it is
to get people to serve on boards. He said there is a tendency
for a small number of people within a small community to end up
serving on most all of the boards. He expressed concern that
the proposed legislation would make it more difficult to fill
these positions.
REPRESENTATIVE DOOGAN said he knows it is not easy to fill
positions. However, he said there are already people who have
to remove themselves from compensated positions on state boards
or commissions before running for office, and he does not think
there will be a significant increase in those having to remove
themselves from [non-compensated] board or commission positions
as a result of HB 53. He emphasized that his concern is
regarding the risk to the public, and he stated that the only
question is whether "we" want to have a system that is above
reproach.
8:48:57 AM
CHAIR LYNN, in response to Representative Johnson, said the
committee members will decide what action to take on the
proposed legislation today. He noted that the legal opinion
requested would take time to get.
REPRESENTATIVE JOHNSON said he wants to know which boards and
commissions fall within "the executive ethics branch."
8:50:16 AM
REPRESENTATIVE SEATON directed attention to the following three
members listed on page 4 of 4, from a table showing compensation
for members of Alaska boards, commissions, and related
organizations, dated January 2008, [included in the committee
packet]: Seismic Hazards Safety Commission, Suicide Prevention
Council, and Wood-Tikchik State Park Management Council. He
said he is trying to figure out how having a position with one
of those entities would give a person any leverage power in
"soliciting funds from someone."
REPRESENTATIVE DOOGAN said a person who works on boards or
commissions often has more exposure to the public, which can be
an advantage in running for office. The concern, however, is
whether the person running for office who has had that exposure
is in a position to "advantage other people with the
understanding that those other people are going to give him
money." He said he considered all the boards and commissions
when creating HB 53. He indicated that while some people may
have more advantages than others, he did not know how to "draw
that line."
REPRESENTATIVE SEATON said [those serving on boards or
commissions] do have an advantage through their public exposure.
He said he thinks Representative Doogan is trying to find the
balance.
REPRESENTATIVE DOOGAN said that is correct. He reiterated his
desire to prevent unfair advantage and assist the state in
conducting its business in the best way possible.
CHAIR LYNN observed that every candidate has advantages and
disadvantages from his/her life experience and the public "sorts
it out."
8:58:18 AM
JASON HOOLEY, Director, Boards and Commissions, Office of the
Governor, said he would do his best to answer questions from the
committee. He said he would not be speaking in support of or in
opposition to the bill, even though the proposed legislation
could impact his work by limiting the pool of candidates who are
able to serve the state in a volunteer capacity. Mr. Hooley
noted that the State of Alaska currently has over 120 boards and
commissions, which represents 1,200-1,300 seats for which the
governor works annually to make approximately 300
reappointments. He said he does not know how many of those
people are planning to run for office in the upcoming year, but
he does know there are a couple legislators serving in a
nonlegislative capacity on a board who would be affected by HB
53. For example, Senator Fred Dyson is serving as a public
member on the Board of Marine Pilots.
Mr. Hooley said there is always some level of vacancy on board
rosters, and it is his job to recruit and retain people to serve
on boards. He noted that he has only been on the job for eight
months. In response to Representative Johnson's question, he
related that each board has different requirements of its
members. Some members, after appointment, are not required to
fill out financial disclosures or similar forms, while others
are. Some members are even required to be confirmed by the
legislature. He said he could provide a list of those
requirements to the committee.
9:01:04 AM
MR. HOOLEY, in response to Representative Gatto, said it is
difficult to conjecture the exact impact of HB 53. He said the
bill sponsor's office has said the number of those affected
would be from 800-900; however, that does not include those who
may be planning to apply for a board and run for office. Mr.
Hooley related that when "the Legislative Ethics Act" was
strengthened in recent years and additional financial disclosure
laws were required, some members who thought the new requirement
was too onerous were lost.
9:02:27 AM
REPRESENTATIVE GATTO questioned whether a legislator could
reduce the number of people who could run against him/her in an
election by supporting HB 53.
MR. HOOLEY responded that he thinks the proposed legislation
would not restrict who may run for office, but would restrict
the candidates' activities. He added that he does not want to
speak for the bill sponsor.
9:03:11 AM
CHAIR LYNN asked if Mr. Hooley knows of anyone running for
office this year who is currently on a board or commission.
MR. HOOLEY replied that he has not viewed the Division of
Elections' candidate list against the department's rolls, but
could do so and bring that information back to the committee and
bill sponsor.
CHAIR LYNN remarked that it is unknown who will file in the
future.
9:03:59 AM
MR. HOOLEY, in response to Representative Johnson, said regional
advisory councils are not state boards, but the Board of
Fisheries and the Board of Game are state entities. He
commented that different boards draw in varying levels of
interest.
9:04:57 AM
REPRESENTATIVE SEATON said he would like clarification regarding
the distinction between a candidate for state office and one for
a political subdivision of the state.
MS. KEANE said she would provide that information.
9:07:55 AM
CHAIR LYNN, after ascertaining that there was no one else who
wished to testify, closed public testimony. He offered to hold
the bill depending on the wishes of the committee.
9:09:12 AM
REPRESENTATIVE JOHNSON recommended the committee hold the bill.
[HB 53 was held over.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| 01 HB 53- Bill.pdf |
HSTA 1/28/2010 8:00:00 AM HSTA 3/18/2010 8:00:00 AM |
HB 53 |
| 02 HSTA - HB 53 Sponsor Statement.pdf |
HSTA 1/28/2010 8:00:00 AM HSTA 3/18/2010 8:00:00 AM |
HB 53 |
| 03 HB053-OOG-EO-01-22-10.pdf |
HSTA 1/28/2010 8:00:00 AM HSTA 3/18/2010 8:00:00 AM |
HB 53 |
| 04 HSTA - HB 53 Sectional Analysis.pdf |
HSTA 1/28/2010 8:00:00 AM HSTA 3/18/2010 8:00:00 AM |
HB 53 |
| 05 HSTA - HB 53 Leg. Research Report.pdf |
HSTA 1/28/2010 8:00:00 AM HSTA 3/18/2010 8:00:00 AM |
HB 53 |
| 06 HSTA - HB 53 Back Up Charts.pdf |
HSTA 1/28/2010 8:00:00 AM HSTA 3/18/2010 8:00:00 AM |
HB 53 |
| 07 HSTA - HB 53 Statutues Affected by HB 53.pdf |
HSTA 1/28/2010 8:00:00 AM HSTA 3/18/2010 8:00:00 AM |
HB 53 |
| 08 HB 53 - Back Up Report.pdf |
HSTA 1/28/2010 8:00:00 AM HSTA 3/18/2010 8:00:00 AM |
HB 53 |
| 09 HB - 53 Back Up Table.pdf |
HSTA 1/28/2010 8:00:00 AM |