Legislature(2011 - 2012)BELTZ 105 (TSBldg)
03/28/2012 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) || Alaska Police Standards Council | |
| Judicial Council | |
| HB6 | |
| SB168 | |
| HB215 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 215 | TELECONFERENCED | |
| += | SB 168 | TELECONFERENCED | |
| += | SB 198 | TELECONFERENCED | |
| += | HB 6 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 6-REMOVING A REGENT
2:04:15 PM
CHAIR FRENCH announced the consideration of HB 6 and asked for a
motion to adopt the proposed committee substitute (CS), version
G.
2:04:41 PM
SENATOR PASKVAN moved to adopt Senate CS for CSHB 6, labeled 27-
LS0027\G, as the working document.
CHAIR FRENCH announced that without objection, version G was
before the committee.
2:05:06 PM
TED MADSEN, Staff to Representative Max Gruenberg, explained
that the Board of Regents suggested the following changes to
CSHB 6(JUD)am:
Section 1 - Subsection (a) paragraph (3) states that it is not
clear whether the Board of Regents has the constitutional
authority to suspend or remove a regent. Section 1 also has one
grammatical change.
Section 2 - subsection (a) paragraph (4) makes the suspension
procedure, in the case of a complaint of malfeasance or
nonfeasance in office, more rigorous. Three things are required:
1) a sworn complaint, 2) the governor must investigate the
complaint, and 3) find "probable cause" to proceed further and
suspend the regent. New language in this subsection will
prohibit proceedings based on political differences or the
discretionary performance of a lawful act or a prescribed duty.
For example, a student would not be able to lodge a complaint
and have a regent suspended because he or she disagreed with a
tuition increase.
2:07:01 PM
CHAIR FRENCH asked if this was in response to a March 9 letter
that, in his view, made good points.
MR. MADSEN said yes, and the sponsor worked closely with the
legislative liaison to try to accommodate the concerns.
Section 2 - subsection (a) paragraph (5) requires a formal
allegation or charge by a licensing board to proceed through a
suspension proceeding. This makes the procedure more rigorous.
Section 2 - subsection (d) requires the Office of Administrative
Hearings to conduct the hearings and the administrative law
judge issues the decision. This is a way to insulate the Board
of Regents from political directions from the governor.
Section 2 - subsection (g) paragraph (5) clarifies that a
violation of a professional or occupational licensing statute or
regulation that results in the revocation or suspension of a
professional or occupational license that is related to the
regent's ability to serve, will be grounds for suspension or
removal of a regent.
Section 3 is a new section. It includes removal and suspension
of a regent in the list of hearings conducted by the Office of
Administrative Hearings.
2:09:10 PM
CHAIR FRENCH reviewed the process when a regent commits
wrongdoing: someone files a complaint, the governor finds there
is probable cause, and the trial takes place in from of an
administrative law judge.
MR. MADSEN clarified that the trial takes place in front of the
Office of Administrative Hearings.
SENATOR COGHILL referred to page 4, lines 16-19, and asked if
there was any discretion with regard to violating a licensing
statute or regulation. He mentioned paying a late fee on a
license as opposed to blatantly violating a licensing practice.
MR. MADSEN replied it would have to relate to a regent's fitness
to serve as a regent. He opined that late payment of a fee would
not rise to that occasion.
SENATOR COGHILL asked how serious the violation would have to be
for a regent to be unfit to serve.
MR. MADSEN offered his understanding that if the regent was a
lawyer, for example, the violation would have to be something
like a breach of trust or a crime of dishonesty that would
result in the person losing their license to practice law.
SENATOR COGHILL asked for an explanation of the applicability
section because it would apply to conduct that occurred before
the effective date.
MR. MADSEN said the applicability section seeks to capture
wrongdoing that was under investigation before the effective
date of the Act.
SENATOR COGHILL asked if a regent had ever been dismissed.
MR. MADSEN said no. Several years ago, Mr. Hayes stepped down
but he was not dismissed.
SENATOR COGHILL said he always wonders about a fishing
expedition when a bill applies to conduct that occurred on or
before the effective date.
2:13:50 PM
CHAIR FRENCH agreed that caution was warranted when
administering a penalty for conduct that occurred before the
penalty phase was laid out.
SENATOR COGHILL said he'd like to know if there was a better way
to word the applicability section.
CHAIR FRENCH said he would hold HB 6 in committee to provide
time to discuss the matter with Legislative Legal and the
Department of Law (DOL).
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